1997 Domestic Violence Legislation Relating to Police and Prosecution

(As of September 2, 1997)

State Act No. Code Cite Legislative Action
AL None    
AK HB 9 AS 11.56 New crime of interfering with report of domestic violence to police.
AZ Act 263





Act 102
12-1809

13-3601

13-3624

13-3601.01
Amends harassment injunction law; prohibition against mutual orders. Strengthens protective order laws; restricts mutual orders.

Strengthens temporary order laws.

New authority for court to order domestic violence treatment.

Joint legislative study committee established.

AR HB 2103   Victim Rights Act: define stalking as violent crime and other amendments unrelated to domestic violence
CA

In Session

Ch. 18

Ch. 9

 

Ch. 169

Penal Code 1377(e)

 

 

Family Code 646.91

Eliminates civil compromise alternative to criminal prosecution in domestic violence cases.

Appropriates funds for police and prosecution received by state from federal STOP grants; requires project reports to state.

Adds authority for ex parte emergency order agains stalking; police may arrest.

CO HB 1077 18-9-111

16-7-403

Clarification amendment to harassment statute.

Clarification that offenders under deferred prosecution are the same as probationers in respect to the court order incorporating any court protection order.
CN 97-126

97-257

46b-15

54-203

54-56h

Amends requirements for language of protective order notice to include notice that order meets requirements for Full Faith & Credit.

Establishes training program in victim rights for police, prosecution and judges.

Requires entry and in-service training for new prosecutors; no content specification.
DE HB 163 Title 11 1271A Criminal contempt of court protective order requires minimum 15 day incarceration if injury resulted or if weapon threatened or two prior convictions for criminal contempt.
DC None    
FL SB 0148











HB 55


SB 198

741.29((4)(6)


901.15 (7) (12)

921.0014

943.171

741.30(2)(a), (2)(c)(8), (6)(a)(5), (7)b)

741.31(4) & 741.315

784.046(7)(c)

784.048

Amends police incident/arrest report requirement language; clarifies that arrest is preferred response only for primary aggressor; adds new crime of violation of any condition of release where initial offense was domestic violence (misdemeanor of 1st degree).

Sets public policy against dual arrests; adds provision authorizing warrantless arrest for violation of any bail release condition.

Sentencing guideline point score increased if domestic violence occurred in presence of related child.

Requires domestic violence police training to include determination of primary aggressor.

Limits all fees in domestic violence cases to no more than $50; informational brochure prepared by court must warn of false information penalties; require respondent to pay for batterer treatment; removing time limits on protective order.

Extends full faith and credit.

Removes time limit on protective order duration.

Adds new crime of harassing minor under age 16 as 3rd degree felony.

GA HB 673

SB 171

35-1-10

19-13-23

Technical amendments to police training in domestic violence.

New crime of publishing address of family violence shelter.

HI Act 25   Prohibits informal adjustment of domestic violence cases in family court.
ID Ch. 89

Ch. 314

Ch. 69

19-603

18-920

39-6310

Clarifies officer discretion to arrest without warrant in domestic violence cases.

Authorizes no-contact order as condition of bail.

Requires petition for protective order to be included as part of order service, if not done before.

IL 90-0493

90-0392

ILCS 65/4

ILCS 5/112A-17

Adds domestic violence conviction as bar to firearm license.

Amends legislation governing emergency protective orders to ensure judge availability and speed registration in state registry.

IN S 168 35046-1-15.1(10) Provides for full faith and credit.
IA SF 118

SF 542

SF 118

708.2A

236.15B

692A.1

Sets minimum jail term of 2 days except on deferred judgment for first offense; minimum sentence of one year; batterer treatment required if convicted or deferred judgment.

Establishes tax check-off for funds to be assigned to emergency shelter services, etc.

Clarifies that minimum sentence to be served in prison is one year regardless of the sentence duration and other editorial changes.

KS SB 214 19-801b(3) & 74-5605(d)

74-5616(c)

Prohibits sheriff or other police officer from office if they have committed misdemeanor domestic violence.

Officer certification shall be revoked if convicted of domestic violence.

KY None    
LA HB 2325 46:1844 Victim given right to comment to prosecutor on presentence report findings.

Establishing state-wide crime victim's assistance information phone line.

Other amendments.

ME None    
MD Ch. 307

Ch. 316

Ch. 317

Ch. 399

Ch. 311

312

Family Law 4-501

Art 27 798

Art 27 387A

Crts & Jud Proced 9-106

Art 27 461A

Technical amendments to protective order notice procedures.

Clarifying law enforcement duties to accompany complaint removing property.

Providing that discovery of spouse committing adultery is not legal provocation for mitigating murder charge.

Expungement of arrest record not available when spouse refused to testify at trial.

Victims Rights Act reenactment, including new provision that prior sex history not relevant for attempted rape, establishing pretrial release conditions authority, inform victims of domestic violence of right to obtain copy of incident report.

MA

In Session

None to date    
MI

In Session

Act 65 28.643(8) Provides for enhanced penalties for stalking where stalkee is a minor and stalker is at least 5 years older.
MN Ch. 96








Ch. 239

518B.01 & 609.748

609.11

609.749

Section 2

609.498

609.78

518B.01

611A.039

299C.10

Provides for felony crime of violating order under specified conditions, including weapon possession; minimum 30 days with probation following felony conviction or stalking against minor.

Mandatory minimum sentences applicable to harassment and stalking.

Eliminates requirement of proof of specific intent to frighten etc in stalking or harassment cases.

Pilot project established to use breath analyzer units to monitor domestic abuse offenders.

Added crime of aggravated witness tampering as felony

Crime of interference with 911 call is gross misdemeanor.

Full faith and credit; order must contain notice of possible federal charges under 18 USC 2265.

Victims Rights Act duties of prosecutor now include notice of case disposition or of court considering sentence change.

Fingerprinting required of persons charged with misdemeanor offense of order violations, domestic assault, or harassment.

MS None    
MO HB 069 70.820.6 Police may arrest without warrant where police sees "asserting physical force or using forcible compulsion&"
MT Ch. 245

Ch. 484

45-5-202 (3)(b)

40-15-202 (4)

46-6-311 (2)(b)

Person convicted of felony assault of family member required to pay for counseling.

Evidence of victim's sexual conduct not generally relevant to hearing on order of protection.

Only a primary aggressor, as determined by officer, should be arrested per the preferred arrest state policy.

NE LB 90 New provision Provides for enhancement of penalties for crimes of & assault, stalking, terroristic threats, sexual assault, other violent felonies, and criminal trespass committed because of person's & gender& civil action also authorized.
NV SB 387






SB 155

AB 170

171.

179A.0756 (g)

178.4844, 6

178.4851 (6)

Ch. 217

171.1225

Ch. 179A

New provision in Ch. 33

3.223 (3); new provision in Ch. 41

4.3731, 4.3762, 5.076 (5)

33.090

New provision of Ch. 200

New provision

Specifies content of required written report of every domestic violence incident; if citation issued in lieu of arrest for domestic violence, officer must fingerprint offender

Central repository report every other year on domestic violence required.

Bail schedule set for non-court release without court hearing after 12 hours; no-contact order authorized at bail.

Order releasing without bail must contain provision requiring arrest for violation of order conditions.

Fictitious address for victims of domestic violence.

Adds dating relationship to definition of domestic violence.

Creates central registry for orders of protection as of October 1998.

Requires orders of protection to be forwarded to central repository.

Establishes court jurisdiction to hear civil damage complaints from victims of domestic violence; authorizes cause of action.

Authorizes treatment and residential confinement as alternatives to imprisonment for domestic battery where no danger exists to victim.

Full faith and credit through registering foreign order with state court.

Sets penalties for domestic violence under 33.018; 3r offense in 7 years is felony.

Creates office of domestic violence ombudsman within office of attorney general to assist victims.

NH Ch. 242 633:3-a, III Authorizes stalking protective order and arrest without warrant for its violation.
NJ

In Session

None through Ch 1-102    
NM Ch. 59 40-13-6 Eliminates fee for serving of order of protection on defendant.
NY Ch. 644   Authorizes the court to revoke or suspend gun license with order of protection.
NC

In Session

S. 627

S. 667

50B-1

14-277.3

Expands definition of class of persons eligible to seek protective order.

Broadens scope of stalking law protections.

ND SB 2266 14-07.1-02, 03

14-07.1-13

Authorizes court at its discretion to order surrender of firearms as part of protection order.

Mandates arrest for violation of criminal protective order prohibiting contact.

OH

In Session

SB 1 737.11 and 1907.18, 2919.27 (A)(3), 2919.272

2919.26

2935.03

Full faith and credit by police and courts required.


Protection order must state that it can not be waived by invitation from person protected.

Mandatory arrest for domestic violence, violation of protective order, stalking, and aggravated trespass based upon probable cause; if officer has reasonable grounds to believe domestic violence or order violation occurred, arrest is the preferred response. Deadly weapons used or brandished are contraband to be seized. Victim wishes to drop prosecution are not controlling.

OK H. 1361 22 O.S. 40.3

22 O.S. 60.5

21 O.S. 644

Extends period within which an arrest without warrant may be made from 4 to 72 hours after incident.

Requires police agency receiving copy of protective order from court to allow 24 hour access to order by other agencies.

Extends definition of who is protected by domestic assault and battery law; clarifies that prior convictions used to enhance penalties must have been in a court of record.

OR

In Session

SB 301

HB 3002

24.185

107.718

163.738

107.725

Editorial amendments to full faith and credit law and adding for bail of $5000 pending contempt hearing for violation of foreign order.

Amends scope of protective order prohibitions to cover attempts to violate order.

Amends stalking order scope to include attempts to make contact.

Expands authority of court to extend time period of protective order based upon reasonable fear, rather than new acts of abuse.

PA

In Recess

H.B. 992   Police agencies required to adopt domestic violence arrest and other written policies and procedures.
RI Ch. 165

Ch. 164

Ch. 134

Ch. 308

12-29-5.1 et seq.

2-29-5(d)

12-29-4

9-21-11;

Adds Batters Interventions Standards Oversight Committee to set minimum standards, including 40 hours over 20 weeks.

Amends existing provisions for mandated batterer intervention to meet minimum standards.

Makes willful violation of a dispositional no-contact order is misdemeanor.

Makes discretionary with the victim forwarding of protective order to police (Was mandatory).

SC Act 141

Act 120

16-3-1510 et seq

16-25-70

Reenacts Victim Rights Act including police provision of free incident report, provide notice of rights, and keep victim informed of case status.

Prohibits arrest of non-primary aggressor where police receive cross-complaints of domestic violence and sets standards for this determination If officer arrests two or more persons, incident report must explain basis for action

SD SB 106

SB 143

SB 181

22-19A-new section

22-19A-1

7-16-18

Establishes procedure for civil protection order in stalking cases; violation of order is Class 1 misdemeanor. If the violation is an assault, violation is a felony 6.

Amends definition of stalking crime.

State's Attorney may receive fees under Violence Against Women Act, 42 USC 3796gg et seq for child support enforcement.

TN Ch. 338

Ch. 176

Ch. 250

Ch. 459

Ch. 476

Ch. 480

8-8-102

40-14-1-

36-3-6-

36-3-601

39-17-1351(c) (16)

39-13-507

Sheriff qualifications include no conviction for domestic violence

Plea of guilty to domestic violence must be preceded by informing defendant of federal law bar to own gun.

Full faith and credit to be offered out-of-state orders.

Editorial amendments to protective order laws.

Establishes bar to handgun permit from domestic violence conviction.

Removes provision requiring prosecutor review of charges; permits affidavit of complaint.

TX
Ch. 34 Family Code , Title 4 Reenacted provisions authorizing protective orders in domestic violence cases.
Ch. 1193 Family Code 71.008 & 88.001

86.005

Full faith and credit authorized.

Requires police to set up procedures for handling out-of-state orders.

Ch. 1 Penal Code 25.07 Sentence for violation of order increased where assault or stalking occurred to 3d degree felony from misdemeanor.
  Family Code 81.002 Clarifies that attorney representing victim can not be charged a fee for filing petition for order; victim nor attorney can not be charged for other services; abuser to pay filing and other fees.
Ch. 1 Penal Code 42.072 Reenacts state stalking law to meet constitutional objections and repeals old law; makes conforming changes in other laws.
  Code of Crim. Procedure 42.12 Authorizes a court granting community supervision to stalker to require no-contact with victim.
Ch. 610
SB 550
Code of Crim. Procedure 17.292 Strengthens powers of court under emergency protective order to set no-contact rule to include being in vicinity; reduces maximum penalties to 1 year imprisonment; magistrate can order police to notify victim of order issuance.
  Code of Crim. Procedure 5.04(c) Police written notice must include information about emergency protective orders.
Ch. 670 Code of Crim. Procedure 26.13 Victim-offender mediation program at request of victim before plea taken.
UT None    
VT None    
VA Ch. 322

Ch. 603



Ch. 831

19.2-165.1

16.1-253.1

16.1-253.4

18.2-57.2

19.2-152.8

19.2-152.9

19.2-152.10

Medical fees in marital sexual assault evidence gathering paid by state

Provides for prioritization of registering emergency protective orders and authorizes police to seek an order electronically.

A warrant for arrest for domestic violence shall be accompanied by issuance of emergency protective order.

Court shall issue emergency protective order when warrant for stalking issued to last 72 hours; order to be put into state information system as soon as practicable; fees for serving defendant waived.

Preliminary and permanent protective order against stalking authorized; fees for service waived.

WA Ch. 29

HB 1636

9A.72.110

9A.46.020

Expands scope of law criminalizing threats against witness or former witness.

Editorial amendments to harassment law to clarify immediate threats are included in law's scope.

WV None    
WI

In Session

None to date    
WY Act 116

Act 108

35-21-108

6-4-404

Bail release incorporates all provisions of any existing protective order.

Provides for full faith and credit of out-of-state orders.