1999 Domestic Violence, Stalking, and Sexual Assault Legislation

State by State Analysis of 1999 Legislation

 


State


Law No.


Code Provision


Description

Alabama

Act 589

30-6-1

Expands definition of domestic violence in family law provisions to include dating or engagement relationships

   

30-6-4, 5

Transfers educational and reporting duties from prosecutors to state Coalition on Domestic Violence

   

30-6-7

Creates privileged communication for oral communications between domestic violence victims and an advocate and for written reports and records concerning the victim except in child abuse cases

 

Act 572

15-20-20.1 et seq.

Amends Community Notification Act providing additional procedures for community notification and extending the Act to juvenile offenders

 

Act 447

30-5-9

Increases penalties for second violation of a domestic violence protection order to require a minimum 30 day imprisonment; for a third or subsequent offense, 120 days minimum sentence

Alaska

Ch 54

12.63.100

Amends sex offender registration law to require persons with out of state sex crime convictions to register in state and adds new subsection defining conviction to include convictions that were the subject of a pardon.

Arizona

Ch 305

13-3821

Provides for Department of Corrections coordination with local sheriffs in registering sex offenders upon release from prison.; requires sex offenders required to register in another state to register in Arizona where they are working in the state or are students for more than 14 days ; makes registration a lifetime requirement in certain instances

   

13-3827

Requires the Department of Public Safety to annually verify the addresses of all persons required to register as sex offenders

   

13-4438, 31-281

Adds juvenile offenders to those persons required to submit DNA because of a sexual offense they had committed

 

Ch 92

13-1406, 13-1423

Increases penalties for sexual offenses committed with the use of a weapon

 

Ch 182

 

Provides funding for programs for domestic violence victims

 

Ch. 261

13-1204 A (12)

Increases penalties for assault in violation of a protection order to those for aggravated assault, Class 6 felony

   

13-3827

Makes editorial changes to law establishing Internet web site for sex offender information and provides that violation of the requirement to provide information under this section must be wanton or willful to be criminal.

     

Requires the court to order fingerprinting of defendants charged with misdemeanor domestic assault if the defendant has not been previously fingerprinted

 

Ch 278

13-1415

Makes editorial changes to law requiring HIV testing of defendants and requires prosecutor to inform health agency of victim's name and address for notification purposes. Also provides for mandatory counseling of victim

Arkansas

Act 51

5-73-309

Adds requirement for firearm license that applicant not be barred by federal, state, or local law from purchasing or possessing firearm.

 

Act 1

12-12-903 et seq.

Amends the sex and child offender registration act to include adjudicated juveniles; extends law’s application to individuals convicted by tribal courts and convictions under other state laws where that law requires the offender to register in that other state.

 

Act 1551

9-15-205

Provides specific authority for court to include in protective order enjoining threatening and harassment of petitioner

   

9-15-206

Authorizes issuance of protective order where defendant is incarcerated and authorizes petitioner to fill with court without specifying address on all documents

 

Act 1353

12-12-903 et seq

Amends sex offender registration act to include juvenile sex offenders and adds tribal court convictions to covered persons and establishes the Sex Offenders Assessment Committee in place of the Child Abuse/Rape/Domestic Violence Commission, with responsibility to develop an evaluation protocol

 

Act 1550

16-81-113(b)

Makes editorial changes to definition of protected persons under definition of domestic violence.

 

Act 1365

5-26-303

Increases penalties for repeat domestic violence within past 5 years to felony level

California

Ch. 580

Penal Code 1050

Adds stalking to list of crimes where continuances may be granted if prosecutor has a conflict with another proceeding

 

Ch 382

Penal Code 1050

Adds stalking to list of crimes where continuances may be granted if prosecutor has a conflict with another proceeding

 

Ch. 660

Penal Code 273.5

Increases penalties for repeat domestic battery within 7 years to a felony offense; expands categories of persons covered by domestic battery law to include former spouses, cohabitants, and former cohabitants; and provides that defendants who twice fail a batterer treatment program shall be sentenced to jail for a period no less than 90 days and not to exceed 1 year.

 

Ch. 561

Family Code 6250-52, 6380

Authorizes court to issue protection orders against elder abuse under Domestic Violence Protection Act

   

Family Code 6380

Deletes requirement that protection orders use Judicial Council forms for registration in Order System for orders covered by Full Faith and Credit

   

Penal Code 273.6

Authorizes court to order as a condition of probation that defendant contribute to a shelter for abused elders or dependent adults in lieu of any fine.

 

Ch. 367

Penal Code

Permits court to authorizes holder of protective order to record any prohibited communications notwithstanding laws against wiretapping

 

Ch. 703

Penal Code 1270.1

Prohibits release of defendants on bail without any court hearing where charge is intimidation a witness or victim or terroristic threat. The court is required to state on the record how it took into consideration any threats made by defendant where bail varies from bail schedule

   

Penal Code 646.93

Requires sheriff to notify prosecutor incases where defendant charged with stalking is released on bail. The prosecutor shall give notice of bail hearing to victims, who have right to be present and heard by the court on bail.. Unless good cause shown, court shall issue protective order, violation of which shall result in a no-bail warrant.

 

Ch. 576

Penal Code 290

Amends Sex Offender Registration Act to extend its requirements to persons attending school or temporarily working in the state and creates increases penalties for failure to provide proof of residence when registering

   

Penal Code 4852.03

Extends period after which a Certificate of Rehabilitation can be obtained removing sex offender registration requirements from 7 to 10 years after release from custody

 

Ch 661

Civil Procedure Code 527.6, 527.8; Family Code 6380

Requires that Judicial Council adopt forms for state-wide use in issuing orders of protection. State court orders using only the Judicial Council forms shall be transmitted to the state registry

   

Family Code 6380, Penal Code 836

Makes technical and clarifying amendments to provisions providing for Full Faith and Credit to non-California court orders of protection

   

Welfare & Inst. Code 213.5

Extends the period of time that an order of protection against a child declared a ward of the court will last from one to three years and provides that orders shall use forms developed by Judicial Council

 

Ch 662

Code Civil Procedure 185

Authorizes court to provide unofficial translations of court order and directs Judicial Council to develop multi-language forms

   

Family Code 6304

Court shall provide in-court notice to respondent in order hearing of firearms restrictions

   

Family Code 6389

Makes mandatory previously discretionary authority of court to limit firearm possession while protective order in effect

   

Family Code 6304

Expands court's contempt power for order violations to out of state orders

   

Penal Code 273.5

Increases the period of mandatory incarceration as part of a "split" probation sentence for repeat non-felony domestic violence

   

Penal Code 273.6

Provides criminal penalties for violation of out of state protective order

   

Penal Code 836

Provides for mandatory arrest where law enforcement has probable cause in violations of domestic violence protective orders

   

Penal Code 11163.3, .6

Makes changes in law establishing domestic violence death review

   

Penal Code 12021

Creates new misdemeanor crime of possession of firearm in violation of protective order

   

Family Code 6343

Restricts batterer intervention programs that defendant can be ordered to attend to those approved by probation department

 

Ch. 901

Penal Code 290

Makes technical amendment to sex offender registration law providing penalties for juveniles that fail to register

 

Ch. 730

Penal Code 290

Amends sex offender registration to require that registrant information include information about employer, but would not make this information public.

 

Ch 901

Penal Code 290

Amends sex offender registration law to make it applicable to juvenile offenders

 

Ch 730

Penal Code 290

Amends sex offender registration law to require offenders to register the name and address of their employer; update this information annually or when there is a change of employer; prohibits public dissemination of this information

 

Ch 1022

Family Code 6228

Requires law enforcement to provide a copy of the domestic violence incident report without any fee to the victim of a domestic violence event within 2 to 5 days of any victim request

 

Ch 659

Family Code 6240

Expands definition of peace officer to include members of state community college police departments for purposes of defining who may respond to domestic violence calls or receive training on domestic violence

   

Family Code 646.91

Authorizes court to issue ex parte protection order against stalking when requested by member of community college police department

   

Family Code 6250.5

Authorizes court to issue ex parte protection order against domestic violence when requested by member of community college police department

   

Penal Code 12028.5

Authorizes court to issue emergency protective orders on request of community college police department member

Colorado

Ch 110

16-11-101(b)

Requires probation to include in presentence report the criminal history of a juvenile convicted of unlawful sexual behavior; requires court to consider this information in setting sentence.

 

Ch. 286

18-3-412.5

Adds requirement for persons convicted in other states to register as sex offender where required in state of conviction to register and to persons convicted under federal law

   

16-11-104

Requires DNA testing of offenders sentenced to jail or community corrections facility for conviction of crime involving unlawful sexual behavior

   

16-11-204.3

Expands law requiring DNA testing of offenders as a condition of probation to persons receiving deferred judgements.

   

16-11-204.3

Amends sexual offender registration law to exclude persons receiving deferred judgement or whose conviction is based on facts that make up a covered crime

   

16-13-901 et seq.

Authorizes community notification about sexually violent predators

 

Ch. 289

16-11-204.3

Amends requirements for DNA testing of offenders to include crimes of violence and burglary

   

17-2-201

Authorizes parole board to require DNA testing of offenders

 

Ch 157

13-14-101 et seq

Consolidates civil restraining orders issued by municipal and district courts against assaults, domestic abuse, stalking, and emotional abuse of elderly into one order

   

13-6-104

Provides for concurrent jurisdiction in county courts to issue similar orders

 

Ch. 215

18-9-111

Makes editorial changes to stalking law. Increases penalty from Class 6 to Class 5 felony and Class 5 to Class 4 for second conviction; also authorizes enhanced sentencing.

   

18-18-405

Increases penalty for possession of flunitrazepam (date rape drug, AKA rohypnol).

   

18-3-412.5

Clarifies that sex offender registration law applies to sexually violent predators and that failure of these offenders to register is a crime.

 

Ch. 119

18-3-403

Expands crime of second degree sexual assault to cases where victim is 15 or 16 years old and the non-spouse actor is at least 10 years older.

 

Ch. 275

18-13-123

Makes possession of GHB (gamma hydroxybutyrate) and ketamine (date rape drugs) a crime

 

Ch. 291

26-7.5-102, 105

Amends statute establishing domestic abuse program fund

   

14-4-107

Establishes family violence justice fund for civil legal services to indigent victims of domestic violence

   

13-15-102

Eliminates newspaper publication requirements when a person changes his/her name if the person is a victim of a crime of domestic violence

Connecticut

Act 186

New

Requires court to designate cases as involving domestic violence for purposes of criminal record history information

   

46b-38a; 46b-15

Adds persons in a dating relationship to the definition of family member for purposes of protective order issuance

   

46-38b

Authorizes law enforcement to seize any firearms in plain view at any site where an arrest for domestic violence is made

   

54-64a; 54-69

Places procedural restrictions on bail in domestic violence cases

   

54-63d

Prohibits police citation release of a person charged with domestic violence where the defendant used or threatened use of a firearm

   

New

Authorizes registration of foreign protective orders

   

53a-40e

Authorizes issuance of criminal protective order in domestic violence cases involving additional crimes or attempts to commit such crimes

   

53a-59a, 60b, 60c, 61a

Provides enhanced penalties for assault of a pregnant woman

 

Act June 99-2

 

Establishes a committee to study credentialing of sexual offender treatment providers

   

New

Establishes new procedure for serious juvenile sex offenders whose cases are not transferred to criminal court denoted serious juvenile sexual offender prosecution.

   

53a-40, 70, 72b

Creates new sentencing structure for persistent dangerous sexual offenders comprised of incarceration and parole for life

 

Act 143

New

Creates crimes of voyeurism and dissemination of voyeuristic material, involving the photographing or other imaging of another without consent and despite reasonable expectation of privacy

 

Act 183

54-102g; 54-250 et seq

Reenacts and amends sexual offender registration act

 

Act 240

New

Creates felony crime of witness intimidation, authorizes issuance of a protective order against witness harassment, and establishes a witness protection program

   

New

Authorizes court to issue protective order against witness intimidation

Delaware

Ch. 62

11 DCA 3906

Requires domestic violence offenders upon second conviction to receive a psychocial assessment

 

HB 53

16 DCA 3110

Authorizes record sharing by the Department of Health and Social Services in support of the Sexual Predator Act

 

Ch. 61

11 DCA 1448

Prohibits persons subject to domestic violence orders of protection or convicted of certain domestic violence misdemeanors from purchasing or possessing firearms

   

11 DCA 1441

Petitioner with protection order granted may apply for firearm permit

 

Ch. 63

10 DCA 1046 (c); 11 DCA 1904(a)(5)

Provides Full Faith and Credit to domestic violence court orders from other states

   

11 DCA 1271A

Amends law relating to criminal contempt of a domestic violence protection order

 

Ch. 109

11 DCA 761

Rewrites definition of sexual conduct to remove ambiguity to clarify intent to criminalize sexual touching of sexual organs or parts

District of Columbia

Act 13-9

24-1117

Amends Sex Offender Registration Act by adding authority for court to order mental examination for purposes of assessing risk

 

Act 13-10, 13-55, 13-101

24-1110

Amend Sex Offender Registration Act provisions relating to notification of change of address

 

Act 13-133

 

Enacts Sex offender Registration Emergency Act of 1999, replacing 1996 Act

Florida

Ch. 373

960.198

Authorizes crime victim compensation funds for relocation of victims of domestic violence

 

Ch. 157

918.16

Mandates that court clear courtroom upon request of victim of a sex offense testifying in civil or criminal proceeding, except for specified parties

 

Ch 188

775.084

Enacts Three Strike law that applies to aggravated stalking offenses

 

Ch. 12

775.087

Increases penalty by one degree for specified crimes, including sexual battery and aggravated assault, when firearm used in commission of the crime

 

Ch. 193

921.0024

Mandates that the court use a sentencing multiplier when domestic violence occurs in presence of a child (use of multiplier was previously discretionary with court)

Georgia

SB 105

42-1-12

Amends sexual offender registration law to provide for registration of persons convicted in another state and providing for hearing to allow challenge to application of law

 

SB 113

16-5-20, 21, 23, 24

Provides enhanced penalties for domestic violence assaults

   

16-5-70

Adds to crime of cruelty to children new offense of intentionally committing domestic violence before a child under the age of 18.

Hawaii

Act 95

353E-2

Requires agencies participating in statewide sex offender treatment program to provide upon request of another agency all relevant records of any offender receiving supervision or treatment

 

Act 200

586-4

Amends laws authorizing temporary restraining orders to limit violations to knowing or intentional acts

   

586-11, 580-10

Persons convicted of knowing violation of a protective order are required to undergo domestic violence intervention and sets jail and fine penalties

 

Act 202

134-11

Excludes law enforcement officers convicted of domestic violence from exemption from laws regulating possession of firearms

 

Act 268

706-new

Establishes as an aggravating factor in sentencing, the commission of domestic violence in presence of a child

 

Act 89

626-1

Amends rules of evidence in civil suits relating to victim's past behavior in sexual assault cases and other rules of evidence

 

Act 297

134-7 (f)

Defines "good cause" for court to permit person convicted of domestic violence to have possession of firearm to include factors other than employment requirements

 

Act 244

706-606.5 (4)

Provides for mandatory minimum sentence of 9 months for persons convicted of misdemeanor assault, terroristic threats, and sexual assault with 3 prior convictions. Persons convicted of 4th degree sexual assault under this provision shall be ordered to participate in sex offender assessment and may be ordered to a treatment program

 

Act 252

329-14(d)(17)

Adds date rape drug gamma hydroxybutyrate to schedule precursor chemicals to schedules of regulated chemicals

 

Act 143

604-10.5

Provides that knowing violation of temporary restraining order against harassment is a misdemeanor and extends period of the order's effectiveness to 90 days

 

Act 278

711-new

Establishes crime of violation of privacy involving unconsented observing, filming, or recording another person in state of undress as a Class C felony

 

Act 286

706-new

Requires a person convicted three times previously of sexual assault to be sentenced to extended terms of imprisonment

Idaho

Ch 330

39-6306A

Provides for Full faith and credit to out-of-state protection orders

 

Ch 380

18-8316

Makes discretionary with the court prior requirement for psychosexual evaluation of persons convicted of sex offenses

 

Ch 209

18-7006

Creates new misdemeanor offense of trespass of privacy

 

Ch 349

18-8303, 04

Amends sexual offender registration law to cover nonresident persons working in state or who are students, who is required to register in another state of conviction

 

Ch 302

18-8304, 07, 09

Clarifying amendments to state sexual offender registration law

   

18-8318

Requires indigent defendants for whom a psychosexual evaluation was done to pat the costs of the evaluation as a condition of sentence.

 

Ch 323

39-604

Requires testing for hepatitis C virus of all persons charged with crime where risk of transmission exists

Illinois

Act 48

730 ILCS 150/2) and 3

Amends Sex Offender Registration Act to add convictions in foreign countries and juvenile sex offenders and increases the number of misdemeanor offenses covered by the Act; increases the period of registration from 10 years to life; requires students and temporary workers instate to register

   

730 ILCS 150/4, 5, and 5-5

Adds requirement that persons covered by registration law must be informed of duty to register in any other student where they may be working or a student

 

Act 394

730 ILCS 150/3, 6

Amends Sex Offender Registration Act to add additional registration requirements relating to place)s) of employment

 

Act 221

730 ILCS 150/10

Amends Sex Offender Registration Act to increase penalties for knowingly providing false registry information

   

730 ILCS 152/120

Amends Sex Offender Registration Act to make information more accessible to public

 

Act 224

730 ILCS 150/8

Amends Sex Offender Registration Act to require photograph be included in registration materials

   

730 ILCS 152/115

Amends Sex Offender Registration Act to require State Police establish Internet site with registration information and authorizing State Police to require biographical information of persons seeking registry information from the Web

   

730 ILCS 152/120

Authorizes local law enforcement to publish pictures of registrants in local media where victim was 13 years or younger

 

Act 235

20 ILCS 4026/15

Amends Sex Offender Management Board Act to extend period within which Board must have developed policies and procedures to carry out its functions

 

Act 163

210 ILCS 85/6.01

Amends Hospital Licensing Act to require hospitals to meet new standards relating to domestic violence.

 

Act 112

720 ILCS 5/12-3.2, -30

Increases penalties for domestic violence battery and for order violations to felony where defendant has been convicted of specified crimes against the same victim, in addition to the previously specified domestic battery and order violations, including aggravated battery, stalking and unlawful restraint

 

Act 521

55 ILCS 5/3-3013

Requires coroner to investigate at the scene of the crime any deaths due to domestic violence and to report such deaths to the state police

 

Act 529

20 ILCS 3930/7.1

Establishes four pilot Sexual Assault Nurse Examiner projects in state to collect forensic evidence and other duties. Report on projects is due in 2 years

 

Act 494

New

Enacts Confidentiality for Victims of Domestic Violence Act

 

Act 495

50 ILCS 705/6, 6.1

Amends Illinois Police Training Act to prohibit certification of applicants convicted of specified misdemeanors, including aggravated assault, harassment of witnesses, and minor sex offenses

 

Act 227

725 ILCS 207/15, 55, 65, 70

Amends Sexually Violent Persons Commitment Act authorizing civil commitment editorial changes and sets new requirements for commitment review

   

725 ILCS 207/45

Amends requirements for offender DNA testing.

 

Act 445

720 ILCS 5/12-3.3

Creates new crime of aggravated domestic battery as a Class 2 felony

   

725 ILCS 5/110-6.3

Adds aggravated domestic battery to list of prior crimes where court is authorized to deny bail t

   

725 ILCS 5/111-8

Adds aggravated domestic battery to list of crimes where prosecutor may request issuance of protective order from court

 

Act 404

720 ILCS 5/12-12-14

Adds to definition of aggravated criminal sexual assault, the possession or use of a firearm and providing enhanced penalties

   

720 ILCS 5/12-14.1

Adds to definition of predatory criminal sexual assault, the possession or use of a firearm and providing enhanced penalties

 

Act 262

720 ILCS 5/12-3.2; 730 ILCS 5/5-5-6

Provides that persons convicted of domestic battery are responsible for the costs of any counseling needed by child witness to the battery

 

Act 279

730 ILCS 5/5-8-1; 730 ILCS 5/5-8A-3

Provides enhanced penalties upon release from prison for persons convicted of sexual assault of a victim under the age of 18 where the offender has a prior conviction for sexual assault

 

Act 115

720 ILCS 5/11-9

Increases penalties for third or subsequent conviction for public indecency to a Class 4 felony

 

Act 116

720 ILCS 5/12-12

Amends definition of sexual conduct to include transfer or transmission of semen upon the victim or her clothes for purpose of sexual gratification

Indiana

HEA 1592

5-2-12-11(b)

Requires publication of sex offender registry on the Internet.

   

35-50-2-14

Adds provision authorizing court to sentence repeat sex offenders to an additional term equal to the presumptive sentence for the underlying offense

   

35-38-2-2.2

Requires that probation conditions for sex crimes to include registration and a prohibition against living within 1000 feet of a school without approval of the court

   

11-13-3-4(g)(2)

Requires the parole board to enforce registration requirements and to prohibit offender from residing within 1000 feet of school property without approval of board

 

HEA 1747

34-26-2-12

Authorizes court issuing a protective order to also order defendant to refrain from possessing a firearm for period of order and to notify state police of the order

   

35-42-2-1; 35-42-2-1.3

Increases penalty for first domestic violence conviction for battery involving bodily injury from Misdemeanor B to Misdemeanor A. Moves provision for Felony D for repeat domestic violence conviction to new section. Adds to new definition of domestic violence provision including touching of person who is living as if spouse,.

   

35-50-2-7(b)(2)

Prohibits court from downgrading domestic violence as a Class D felony to a Class A misdemeanor.

 

SEA 165

35-47-4-5

Adds new section defining serious violent felon that includes felony battery, rape and stalking and bars offenders so classified from possessing a firearm

Iowa

West’s No 61; HF 713

236.5

Authorizes extension of a one year order of protection after hearing.

   

236.19

Limits authorization for registration of foreign protective orders with court to only permanent orders.

 

West’s No 26; HF 136

692A.1

Adds to list of crimes for which sex offender registration law applies

 

West's No. 64, SF 216

229A.2, .10, .12

Amends sexually violent predator law

Kansas

Ch 138

21-4636

Prior stalking of victim to be a factor in determining if there are aggravating circumstances to crime for sentencing under guidelines

 

Ch 71

59-29a06

Amends sexual predator civil commitment law to provide for 12 persons jury trials unless both parties agree to fewer jurors

 

Ch. 159

20-302b

Divests district court of jurisdiction to hear domestic violence protection proceedings

 

Ch. 164

21-2511

Amends language of law defining who must provide blood and saliva samples for DNA analysis

 

Ch 140

59-29a01 et seq

Amends civil commitment of sexually violent predators act

   

21-3520

Amends definition of unlawful sexual relations crime and widens the definition of persons covered by custodial sexual relations crime

   

22-4902 et seq

Amends sex offender registration act

Kentucky

Not in session

   

Louisiana

Act 1150

15:542

Amend sex offender registration law to shorten the period within which registration must be accomplished

 

Act 594

15:542.1

Amends sex offender registration law to add new classes of persons required to register, including residents convicted of federal sex crimes and temporary workers and students required to register under another state's laws. State registrants are also required to register in another state where they are located if that state has a registration law

 

Act 1194

 

Provides penalties for possession of GHB date rape drug

 

Act 930

15:542

Adds requirement for sex offender photo to be published in local newspapers as part of notice to community requirement

 

Act 1209

15:536

Defines serial sex offender as person with 2 prior convictions and prohibits diminution of sentence for good behavior and sentenced to life imprisonment without parole

 

Act 525

15:538

Chemical castration for probationers may be ordered by a qualified medical staff

 

Act 957

14:40.2

Authorizes court to provide notice of stalking conviction to employer

 

Act 963

14:40.2

Increases age where enhanced penalty for stalking of a minor to under age 18 from previous 12 years of age

   

15.571.3

Authorizes court to prohibit diminution of sentence for conviction of sex crime through good time or other credits

   

Code Crim Procedure Art 335.1

Requires court in determining pretrial release for defendant charged with stalking to consider threat or danger to victim

 

Act 1157

Code Crim. Procedure Art 895(L)

Probation orders in domestic violence cases may include payment in amount not to exceed $100 for family violence program in addition to any costs of program attendance

 

Act 213

42:2136

Authorizes information from protective order registry to be made available to the Department of Social Services, office of family support, support enforcement services

 

Act 659

14:79

Defines protective order violation to include willful disobedience of criminal stay-away order and conditions of probation or parole for a stay-away.

 

Act 1200

14:79

Adds violation of criminal court protective orders to law making violation of protective orders a crime

   

46:2132

Revises definition of persons protected by protective orders to include household members of the opposite sex residing or formerly residing in the same household

   

46:2136

Extends period during which protective order is effective from six to eighteen months

 

Act 1336

46:2135(I)

Authorizes use of hearing officer to try petitions for temporary restraining orders

   

Code of Civil Proc. Art. 3604

Provides that temporary restraining orders issued by hearing officer remain in effect 15 days or until the judge signs the order, whichever occurs last

 

Resolution

 

Suspends provisions of law for establishing Detection of Sexual and Violent Offenders Law (DNA) until crime laboratory is funded and operational

 

Act 979

15:1229

Creates automatic victim notification system

Maine

Ch 492

17-A MRSA 1202

Increases the length of probation for persons convicted of domestic violence to 2 years or completion of batterer intervention program

 

Ch 451

16 MRSA 631

Adds protective orders to information available through state criminal justice information system

 

Ch. 434

17 MRSA 402-A

Creates crime of aggravated trespass where person enter building with intent to commit assault, stalking, or threaten another or commit a sex crime.

 

Ch 437

43-A MRSA 11201 et seq

Enacts new Sex Offender Registration and Notification Act

 

Ch 435

26 MRSA 850

Requires employers to provide leave for specified crime victims from work to attend court, receive medical treatment, or obtain services to remedy crisis caused by domestic violence, sexual assault, or stalking

 

Ch. 369

16 MRSA 53-C

Provides for privileged communication for communications between advocates and victims or family of victims of crime involving of domestic violence, sexual assault, or serious trauma or financial loss

 

Ch 67

19-A MRSA 4006

Requires court officers to serve notice of issuance of court order of protection upon criminal defendants where no law enforcement officer available in the court

Maryland

Ch 490

Art 88B 12A

Adding specified violent crimes to those required to provide DNA samples to State Police and providing that probationers who fail to provide such a sample a guilty of probation violation

 

Ch 402

Art 27 792

Authorizing Internet posting of sex offender registration information

 

Ch 449

Family Low Code 4-505

Authorizing court in granting petition for protective order to include provision ordering respondent to stay away from child care provider while child of victim is in such care

 

Ch 403

Art 27 616 1/2 (N)

Prohibiting bail commissioner to order release of defendant charged with violating provisions of ex parte protective order against further domestic abuse, but authorizing judge to allow pretrial release after hearing where court is assured that defendant will not flee nor presents a danger to another person

 

Ch 404

Courts & Jud. Proceedings 3-1501

Authorizes issuance of protective order to any person who alleges commission of a crime, except persons covered by Family Court Article (e.g., dating relationships) and further authorizes striking of petitioner's address if warranted from court documents. False information on a petition is a misdemeanor

   

Courts & Jud. Proceedings 3-1508

Violation of the non-domestic violence protective order is a misdemeanor offense for which a law enforcement officer is required to arrest and take into custody

 

Ch 317

Art 27 792

Reenacting sex offender registration law to add students and temporary workers in state required to register in another state to register in Maryland, specifying that information required to be provided with registration etc.

Massachusetts

Ch 74

178C to 178P

Reenacts sex offender registry law and providing for civil commitment and community parole supervision for life

Michigan

Act 88

MCL 257.307

Amends motor vehicle law to require license applicants to have a photograph image part of the license when required by the Sex Offenders Registration Act to have an identifying license

 

Act 31

MCL 28.722 et seq

Amends sex offender registration act to comply with federal requirements

 

Act 76

New

Prohibits use of citations in lieu of arrest in domestic violence incidents

 

Act 39, Act 32

MCL 750.145d

Prohibits use of the Internet or a computer system to communicate for purposes of stalking a minor

 

Act 85

MCL 28.722-.725, .727-.730

Amends Sex Offenders Registration Act to comply with federal act (42 USC 14071)

 

Act 87

MCL 769.1

Adds provision authorizes judge to determine if crime not included in Sex Offenders Registration Act is in fact one that constitutes a sexual offense against a minor and require registration.

Minnesota

Ch 127

243.166

Prohibits court from modifying sex offender registration requirement.

 

Ch. 216

Act Art. 2 27

Establishes Fatality Review Team pilot project

   

590.01

Sets standards for post-conviction motions for DNA testing

   

609.3461

Increases the crimes , conviction for which requires submission to DNA testing

   

Act Art. 4 16

Requires study on supervision of sex offenders

 

Ch. 233

243.166

Extends registration requirement for convicted sex offenders to persons charged in other jurisdictions, but found not guilty by reason of insanity and committed via civil order

   

244.052

Mandates disclosure by local law enforcement to the public of information about Risk level II sex offenders, but authorizes nondisclosure where agency finds disclosure would harm public safety or if limited disclosure is needed to protect victim identity.

Mississippi

Ch. 434, 552

Sec. 1

Providing for Full Faith and Credit for out of state protective orders

 

Ch. 552

97-3-7

Makes editorial changes to domestic violence assault law and makes permissive rather than mandatory upon the court the imposition of required attendance at counseling or treatment

 

Ch. 504

99-3-7

Authorizes arrest without a warrant based upon probable cause for stalking involving present or past household members (domestic violence)

 

Ch. 560

97-3-101

Reinstates felony penalty for sexual battery where defendant had position of trust over child victim

   

99-37-25

Amends law providing for payment of initial medical examination of rape victim clarifying that county shall pay providers directly and that victim’s insurance coverage is not a secondary source of funds. Adds provision for victim reimbursement if the victim refuses to cooperate with the investigation or prosecution and clarifies that county payments do not cover other medical costs other than that conducted for procurement of evidence. Removes requirement that victim request testing of defendant for HIV or other sexually transmitted diseases before testing is authorized.

Missouri

HB 852 West No. 56

600.042.1 et seq

Reenacts provisions relating to civil commitment if sexual offenders not in custody.

 

HB 348 West No. 53

211.425.1

Adds juveniles to list of offenders covered by sex offender registration act

 

HB 358, West No. 34

191.659, 191.663

Authorizes informing parents of unemancipated minor of results of HIV testing of criminal defendant

Montana

Ch 84

45-5-502; 45-5-503

Providing that persons incarcerated in state facilities can not consent to sexual relations with an employee of the facility; maximum imprisonment term of five years is set

 

Ch 358

New

Authorizing plea agreements that include sex offender registration in cases where registration would not otherwise apply

 

Ch 227

46-23-502

Redefining sexual offense subject to sex offender registration to include consensual sexual relations between a victim under the age of 18 years and an offender three or more years older

   

46-23-506

Removes eligibility for lifting of sex offender registration after 10 years for offenders convicted of sex crimes involving force, repeat offenses, or a victim under the age of 12

 

Ch 219

46-23-508

Providing that the address of a registered sex offender is public information which may be disseminated to the public where the offender is a Level 2 offender

 

Ch 147

44-6-102

Adds juvenile offenders to those classes of persons required to submit DNA samples to the state registry

   

44-6-103

Sets procedures for DNA sample collection

   

46-18-202

Authorizing the court to order DNA sample submission in cases where plea brgain includes this provision, regardless of whether DNA sample would otherwise be required

 

Ch 288

45-2-101

Revising definition of sexual contact to include touching through clothing for the purposes of causing injury or humiliation, sexual gratification of either party

   

45-5-504

Redefines the crime of indecent exposure to include purposes of abuse, humiliation or sexual arousal or gratification of any person

 

Ch 311

40-15-202

Authorizes a continuance in proceedings for good cause in cases involving a permanent order of protection

   

40-15-301

Provides that jurisdiction lies in court holding hearing on protective order petition when petition for divorce is filed before hearing held

 

Ch 386

25-1-201

Establishing the civil legal assistance for domestic violence victims account from family matter fees in district court

Nebraska

LB 131

28-1229

Forbids persons convicted of domestic violence or violating a stalking protective order to obtain permit to possess explosive materials

 

LB 511

28-New

Creates felony crime of sexual abuse of an inmate confined in a correctional institution or on parole by an employee of the department of corrections regardless of any consent given

Nevada

AB 339

33.[new]

Creates position of master to hear order protection order cases

   

33.17, .020; 33.080

Corrects difficulties in procedures that integrate temporary and extended orders of protection

 

Ch 333

200.575

Increases penalties for aggravated stalking and second stalking conviction to 2 to 15 years

   

481.[new]

Requires peace officer certification training to include instruction on stalking

 

Ch 310

176.0926; 179D.[new]

Amends sex offender registration law to include nonresident students and workers

   

176.135

Requires psychosexual evaluation of convicted sex offenders before probation sentence may be imposed

   

179B.250

Authorizes use of a website on the Internet to provide public with information from sex offender registry

 

Ch 442

62.170

Provides that a juvenile arrested for a domestic violence battery may not be released for 12 hours after being taken into custody.

   

33.090

Provides for Full Faith and Credit to orders of protection issued by another state's courts

New Hampshire

Ch 240

173-B:4

Reenacts laws relating to issuance of temporary orders of protection for persons from domestic violence to include requirement that respondent surrender firearms and ammunition and is prohibited from their purchase during the period the order is effective; authorizing court to deny visitation based upon statutory criteria

   

173-B:5

Reenacts law regarding issuance of permanent orders of protection, including new provisions barring court-ordered mediation; requiring defendant to pay reasonable attorney fees; barring mutual orders of protection; explicitly stating defendant from entering plaintiff's residence even at invitation and that such actions do not relieve peace officers of duty to enforce order; requiring administrative office of courts to enter information about protective orders into state database; establishing procedures for return of firearms and ammunition to defendant after order has expired

   

173-B:9

Reenacts law regarding penalties for violation of a protective order, including new provisions barring reduction of charges; and providing enhanced penalties to upgrade any subsequent charges involving abuse following conviction for order violation

   

173-B:10

Adds new duties for peace officers responding to domestic violence to assist victim in obtaining her property, transportation to hospital, shelter, counselor, and provide written notice of victim rights

 

Ch 321

645:1; 321:2

Increases penalties for indecent exposure and makes offenders convicted three times of indecent exposure subject to registration as a sexual offender

 

Ch 229

597:2; 597:6-eII

Authorizes court to impose protective detention or electronic monitoring for persons charged with domestic violence, stalking or order violations where danger to victim is found; authorizes revocation of bail under similar conditions

 

Ch 177

632-A:1

Redefines illegal sexual contact to include touching of genitals through clothing

   

651-B:1

Adds crimes of computer pornography and luring child for sexual purposes by use of computer to list of crimes for which registration for life is mandated

 

Ch 141

644:4

Amends definition of harassment to include electronic communication generated by computers

 

Ch 89

None

Establishes committee to investigate issues related to investigation, trials and sentencing of sex offenders

New Jersey

Ch. 47

2C:12-10

Deletes requirement for actual fear as element of stalking crime in lieu of requirement that defendant act knowingly that actions would place reasonable person in fear of bodily injury or death.

 

Ch. 113

52:4B-9

Authorizes Victim Crime Compensation Board to set maximum rates for payment of medical costs, that shall be full payment for those services

 

Ch 119

2C:25-33

Requires Administrative Office of the Courts to maintain statistical records of orders of protection, including specific restraints ordered and program attendance and to develop forms to be used to record pretrial release information

   

2C:25-24

Amends police reporting on domestic violence calls to add information about the number of calls alleging domestic violence order violations and the number of arrests for order violation

 

Ch 133

2C:35-3

Adds date rape drugs GHB and flunitrazepam to controlled substances listings

 

Ch 73

2c:3-4

Modifies retreat doctrine in using deadly force in domestic violence cases by deleting retreat requirement where building is owned by the aggressor

 

Ch 209

2C:11-3

Adds violation of domestic violence protective order as aggravating factor in homicide cases

 

Ch 236

2C:25-27; 2C:25-29

Provides for enforcement of court order for batterer to attend counseling by prohibiting dissolution of any order containing a treatment requirement until proff is shown of completion of counseling attendance

New Mexico

Ch. 19

29-11A-1 et seq

Amends sexual offender registration and notification act to expand the list of covered offenses to include persons convicted in other states and offenders convicted of solicitation or attempt to commit covered sex crimes; providing public access to information

 

Ch. 48

40-13-6

Providing for Full Faith and Credit to court orders of other states

 

Ch. 142

40-13-new

Authorizes issuance of ex parte protection order upon request of law enforcement officer

New York

Ch 635

Penal Law 120.40-120.60

Creates new crime of stalking, providing for misdemeanor penalties for course of conduct knowing that it will result in harm or fear of harm against safety, mental health, or employment; multiple victimizations or prior victimizations of a single victim/family increase misdemeanor penalties. Use or threat of the use of a weapon, prior commission of a predicate crime in the past 5 years or stalking a minor under age 14 increases penalty to Felony 4. Stalking resulting in actual injury is a Class D Felony

 

Ch 560

Executive Law 995

Amends law requiring DNA testing of designated offenders to include additional offenses

 

S 3985

Domestic Relations Law 240.3, 252 (8)(9)

Adds provisions requiring hearing on temporary orders of protection be held within one day of filing and authorizing court to order surrender of firearms as part of order

North Carolina

Law 363

14-208.6, .26

Amends sex offender registration requirements to add solicitation, conspiracy to commit a registerable offense and makes registration requirement discretionary with the court where the conviction is for aiding and abetting.

 

Law 262

14-196

Adds electronic mail to law making it a misdemeanor to threaten communications by telephone

   

14-277.1

Adds willful threat to destroy another's property to law making it a misdemeanor to threaten another in writing or otherwise

 

Law 23

50B-3

Edits and rewrites law relating to entry of protection orders into registry to include modifications to the orders

   

50B-4

Provides for Full Faith and Credit by law enforcement officers

   

50B-4.1

Includes non-North Carolina orders under law making violation of protection order a misdemeanor

   

50B-4.2

Creates new crime of false reporting that a non-North Carolina order is in effect

North Dakota

Ch 139

14-07.1-11

Extends period of time from 4 to 12 hours before an officer must obtain an arrest warrant rather than making a warrantless arrest for domestic violence

 

Ch 136

14-07.1-01, 16

Adds sexual assault service agencies to the newly renamed Domestic Violence and Sexual Assault Prevention Fund

 

Ch 138

14-07.1

Provides Full Faith and credit in recognition of foreign protective orders

 

Ch 545

62.1-04-03

Bars a license for firearm possession by any person subject to federal restriction on firearm possession

 

Ch 127

12.1-21

Creates felony crime of interference with 911 call

 

Ch 665

 

Creates sexual offender sentencing study

 

Ch 124

12.1-32-07

Authorizes court to impose as a condition of probation a bar to internet access

   

12.1-17-07

Adds clarifying language that harassment may be accomplished by electronic communication

 

Ch 137

14-07.1

Authorizes court to order payment of court costs when it finds false allegations of abuse have been made in domestic violence protection order proceeding

 

Ch 131

12.1-32-15

Amends Sex Offender Registration Act to cover persons temporarily domiciled in state; to include juvenile offenders within the registration requirement; authorize court to order registration in cases not covered by Act but where court finds sexually predatory conduct; and provide for life time registration for specified offenders

Ohio

SB 9

2929.17, 2951.02

Adds sentencing provision authorizing court to order counseling in domestic violence cases

   

2929.12, 2929.01, 29.29.22

Provides for court to consider in setting sentence whether domestic violence committed in vicinity of a minor, defined as within 30 feet

 

HB 137

2903.211

Increases penalties for stalking to a felony where threat of physical harm is made, victim is a minor, weapon possession, violation of protective order and other factors, including a single repeat offense. Further adds clause that repeated interference with performance of public duty may constitute a pattern of conduct

   

2919.26

Authorizes family or household member to file a petition on behalf of victim for criminal order of protection at bail hearing

   

2921.31

Increases penalties for obstructing or delaying official business resulting in physical harm to a felony

 

HB 329

   

Oklahoma

Ch 309

21 OS 644

Sets minimum sentence of 6 months for domestic violence committed in presence of child; second such offense requires sentence of no less than one year; presence of child defined as being able to see or hear

   

21 OS 1111

Creates crime of rape where victim is under legal custody and perpetrator is governmental employee

 

Act 97

22 OS 60.4

Sets limit of three years for duration of protective orders and requires court to notify parties of expiration date

   

22 OS 60.11

Requires orders of protection to state duration limit and that violation of order can result in imprisonment for up to one year

 

Ch 337

15 OS 776.1

Creates crime of false electronic communications, which misrepresents identifying information about message origin or contains information that is false, malicious or misleading and which injures a person

 

Ch 336

57 OS 582 et seq

Adds students and persons temporarily working in the state to those required to register under sex offender registration act.; sets procedural requirements; provides for registration reciprocity with other states

 

Ch 417

22 OS 60.11

Requires that protective orders must provide notice that possession of a firearm while the order in effect may violate federal law even if the order does not specifically bar possession

 

Ch 191

43A OS 3-313

Provides for confidentiality of information about victims of domestic violence and sexual abuse

Oregon

Act 943

 

Establishes Sexual Assault Victims Fund for grants to crisis centers and other service providers

 

Act 949

163.305

Modifies definition of sexual assault to clarify that lack of verbal or physical resistance does not by itself signify consent by adding reference to threat resulting fear is a component of physical force

   

40.210

Excludes evidence of reputation or opinion relating to victim dress in sexual assault cases

 

Act 626

181.586 et seq

Amends state sex offender registration law to expand category of offenders required to register; authorizes public dissemination of registry information by electronic and other means

 

Act 115

166.090

Amends telephone harassment law to include calls made despite order from telephone owner not to make such calls

 

Act 617

107.718

Authorizes court to include in a protective order payment of emergency monetary assistance and to bar entry into any subsequent residence the victim may have to move to; bar any telephone or mail contact

   

135.250

Authorizes criminal court in setting release conditions to limit defendant's possession of firearms

   

107.710

Establishes burden of proof on petitioner for protective order to be preponderance of the evidence

 

Act 946

New

Creates misdemeanor A crime if interfering with report of a crime

 

Act 945

40.460

Modifies rules of evidence regarding hearsay in domestic violence cases that is made within 24 hours after the incident occurred and was recorded electronically or in writing or made to a peace officer, and has indicia of reliability; and statements about sexual abuse made by a child or person with developmental disabilities

 

Act 1073

163.160

Increases penalty for simple assault to a Class C felony where defendant has been convicted three times previously of domestic violence not involving the same victim; adds provision making the commission of an assault witnessed by being otherwise perceived (e.g., heard) by the defendant's or victim's minor child also a Class C felony

 

Act 869

163.305-.465 New

Creates new misdemeanor crime of private indecency by exposure of one's genitals and makes this crime subject to sexual offender registration

 

Act 967

135.139

Authorizes district attorney to request HIV testing of arrested suspects

 

Act 924

New

Provides that sexually violent offenders are subject to intensive supervision for entire term of probation or parole

 

Act 163

New

Establishes a post-prison lifetime sentence for persons found to be sexually violent dangerous offenders

 

Act 250

New

Provides for Full Faith and Credit for orders of protection issued by non-Oregon courts

   

133.310

Mandates arrest when peace officer believes that the terms of a foreign order of protection have been violated

Pennsylvania

Act 59

18 PCSA 2706

Adds electronic communication to definition of terroristic threat

   

18 PCSA 2709

Makes editorial changes in harassment law and adds to definition of a course of conduct, threatening or obscene words, language, drawings, or actions.

   

18 PCSA

Expands definition of harassment by communication to include electronic communications and other provisions; amends offense of stalking by communication or address and makes conviction for stalking where there has been a prior incident of violence such as domestic violence, a felony

Rhode Island

Ch 255

11-37.1-2 et seq

Amends Sexual Offender Registration and Community Notification Act to include murder committed as part of a sex crime; requires nonresidents working in the state or students in the state to register when required to register in another state; requires in-person annual registration and if a recidivist to verify address on a quarterly basis for life

   

11-37.1-12

Amends Sexual Offender Registration and Community Notification Act to provide for risk assessment by the Parole Board

 

Ch 227

11-37.1-13, 14

Amends Sexual Offender Registration and Community Notification Act to include juvenile offenders under the act

 

Ch 339

17-28-1 et seq

Provides for address confidentiality for victims of domestic violence

 

Ch 195

12-29-1.1-1 et seq

Provides for Full Faith and Credit to protective orders issued by a court other than that of Rhode Island; deleting any registration requirement for enforcement; and further provides that orders issued by a state court state on their face that it complies with due process for Full Faith and Credit

 

Ch 40

11-37.1-13

Amends Sexual Offender Registration and Community Notification Act provides for appeals of a community notification determination by juveniles subject to Family Court jurisdiction

South Carolina

Act 74

23-3-430(C)

Adds sexual abuse of spouse as crime for which registration as sexual offender is required; adds sexual battery of patient or trainee as crime requiring registration

 

Act 110

23-3-530

Requires State Law Enforcement Division to develop protocol manual for agencies' use in administering sex offender registry

   

23-3-490

Requires sheriffs to provide a listing of local registry for publication in newspapers in area and to notify school officials of an offender living in nearby area

 

Act 80

43-1-205

Requires batterer intervention programs receiving state funds to comply with state program standards

South Dakota

Act 174

34-20B-20

Adds date rape drugs GHB and flunitrazepam to Schedule of regulated drugs

 

Act 127

23A-28C-4

Includes stalking in definition of violent crime under victim rights act

Tennessee

Ch 344

10-7-504; 36-3-604

Adds provision providing for protection of confidential information gathered by government agencies about victims of domestic violence who have valid orders of protection

 

Ch 138

40-11-150

Requires law enforcement to arrest without a warrant based upon probable cause belief that defendant has violated order of release in domestic violence case; violation shall be punished as contempt of court

 

Ch 128

40-11-150

Authorizes magistrate to delay release for up to 12 hours of defendant charged with domestic violence finds defendant is threat to victim; requires law enforcement to provide victim with information about nearest source of help

Texas

Ch. 27

Code Crim. Procedure, Art. 42.12

Adds provision authorizing judge to require persons convicted of domestic violence to make a payment not to exceed $100 to a family violence shelter in the local county.

 

Ch. 1188

841.001 et seq

Authorizes civil commitment of sexually violent predators

 

Ch. 1415

Code Crim Procedure Art 26.13

Requires court to determine if defendant is aware of sex offender registration requirement before accepting plea

   

CCP Art 42.05, 12

Restricts availability of community supervision sentence where defendant convicted of crime requiring sex offender registration

   

CCP Art 62.011, 62.03, 62.061

Requires students and temporary workers in state to comply with state sex offender registration law

   

CCP Art. 62.02

Requires persons required to register in Texas to register in any other state they may be in that has a sex offender registration law

   

CCP Art 62.021

Requires persons required to report under another state's sex offender registration law to report under Texas law regardless of whether Texas law would otherwise require registration

   

CCP Art 62.10

Increases penalties for failure to register as sex offender when required to do so

 

Ch. 444

CCP Art 62.021

Amends sex offender registration law to require persons required to report under another state's sex offender registration law to report under Texas law regardless of whether Texas law would otherwise require registration

   

CCP Art 62.0451, 62.061

Establishes procedures for providing notice of registration requirement and verification of sex offender registration information

 

Ch 417

Penal Code 22.021, 12.48; Crim. Proc. Code Art. 42.015

Creates new crime of using date rape drugs to facilitate commission of offense

 

Ch 1234

 

Requires Department of Public Safety to work with Texas Council on Family Violence to develop standard format for protective orders

 

Ch. 1557

CCP Art 62.035

Establishes risk assessment review committee to develop a sex offender screening tool to determine risk of persons subject to sex offender registration requirement

   

CCP Art 62.04, 62.03

Specifies uses of risk assessment tool for sex offender classification

   

CCP Art 62.045

Requires public notice be given to area residents when sex offender with risk level one is to live in area

 

Ch. 553

CCP Art 42.01, 42.12

Establishes procedural burdens on court before placing sex offender on community supervision where victim younger tan 17 years of age

   

CCP Art 62.02

Requires persons required to register as sex offenders in Texas to register in any other state they may be in that has a sex offender registration law

   

CCP Art 62.03

Requires sex offenders being released from prison to be informed of registration requirements in Texas and other states

   

CCP Art 62.011, .061

Requires students and temporary workers convicted of sex offenses in another state who are residing in state to register as sex offenders in the state

 

Ch. 158

Penal Code 39.04

Expands the types of conduct that constitute criminal sexual behavior between inmates and correctional facility staff

 

Ch. 389

CCP Art 5.08

Prohibits court ordered mediation in family violence cases

 

Ch. 1341

CCP Art 17.291(b)

Extends period of denial of bail from 4 hours to up to 48 hours where defendant is arrested for domestic violence and probable cause exists to believe violence will continue if released

 

Ch. 1351

Family Code 6.602, 153.0071

Authorizes objection to mediation in divorce action on basis of domestic violence having occurred

 

Ch. 709

Transportation Code 521.275

Authorizes Department of Transportation to issue new drivers license number on showing that person has been victim of domestic violence

 

Ch. 1368

Government Code 411.150 (a)

Expands requirement that juvenile offenders provide DNA samples to when they have convicted of a crime requiring registration as a sex offender

 

Ch. 1401

CCP 42.016; CCP Art 62.065; Transport Code 521.057

Requires the Department of Public Safety to include in its driving license record information that license holder is subject to sex offender registration and to require offender to apply for such new license and establishes procedures for this information to be communicated to law enforcement officers

 

Ch. 1412

CCP Art 17.292, 17.293

Authorizes issuance of criminal court protective order in domestic violence cases where serious bodily injury to victim occurred or weapon used or displayed and may suspend license to carry concealed weapon; order to sent to the Department of Public Safety

   

Family Code 85.022; 85.042

Court may order suspension of license to carry concealed handgun as part of domestic violence protective order; order to sent to the Department of Public Safety

 

Ch. 1102

Civil Practice & Remedies Code 81.010

Authorizes civil injunction action against state to force firing of mental health services provider for sexual acts with patient

 

Ch. 1470

CCP Art 56.32(9)

Authorizes compensation of victims fund to pay for relocation and housing rental assistance for victims of domestic violence

 

Ch. 1050

Government Code 411.148

Specifying methods used for collecting DNA samples from offenders and authorizing use of force

 

Ch. 910

CCP Art 42.12

Makes editorial and technical changes to authority of court to order persons convicted of domestic violence to attend batterer intervention programs where programs are available and meet state standards

 

Ch. 1158

Penal Code 22.01

Increases penalty for domestic violence to third degree felony from jail felony for second offense against family member; defines second offense to include deferred adjudication

 

Ch. 1160

Family Code 82.008; 82.0085

Extends grounds for renewal of expired order of protection where there is threatened harm that reasonably places victim in fear of imminent physical harm; similar grounds may be the basis for extending an order soon to expire

   

Family Code 85.025

Extends duration of protective order from one to two years, excluding period of incarceration; authorizes subject of order to file objection to its continuance after one year

   

Family Code 85.026

Requires that protective orders state on their face that it is unlawful for person subject to order to posses a firearm

 

Ch. 150

Government Code 411.0098

Establishes a Sex Offender Compliance Unit to investigate and arrest individuals determined to have committed a sexually violent offense

Utah

Ch. 296

77-36-1.1

Makes discretionary formerly mandatory provision for enhancement penalty upon conviction of second domestic violence offense

 

Ch. 54

77-36-2.7

Authorizes on a discretionary basis dismissal of domestic violence charges when requested by prosecutor and victim; prior law authorized dismissal on request of victim when judge found dismissal would benefit victim

 

Ch 343

 

Creates Council on Sexual Victims and Offenders

 

Ch 145

9-4-202(c), 1301

Authorizes Division of Community Development to assist in construction and improvement of domestic violence shelters

 

Ch. 96

76-5-106.5

Adds violation of a stalking injunction to elements of stalking crime and increases level of crime from Class B misdemeanor to Class A misdemeanor. Second conviction for stalking is now a third degree felony from Class A misdemeanor

Court is authorized to issue a permanent stalking injunction when it holds in abeyance any conviction or plea; violation of order is a third degree felony.

 

Ch. 174

77-7-2

Authorizes police arrest without a warrant based upon probable cause in all Class A misdemeanor cases.

 

Ch. 229

77-36-1

Includes disorderly conduct as domestic violence where plea agreement reached; excludes disorderly conduct misdemeanor from coverage of federal firearms law, 18 USC 921

 

Ch. 246

76-5-108; 77-36-2.4

Clarifies that knowing violation of an order is equal to intentional violation in determining guilt

Vermont

None

   

Virginia

Ch 807

16.1-253.4; 18.2-57.2; 19.2-81.3

Permits court to use its discretion in issuing emergency protective order where defendant charged with domestic violence is a minor

 

Ch 721

16.1-228; 18.2-57.2

Revises definition of family member (other than spouse or ex-spouse) for purposes of domestic violence to delete requirement that persons live or have lived in the same home

 

Ch. 963

19.2-151

Provides that defendants convicted of a first domestic violence offense may be placed on probation and charges dismissed upon successful completion, but that conviction remains in subsequent proceedings

 

Ch. 367

18.2-6118.2-67.1; 67.2,

Amends rape laws to broaden its scope in spousal cases to where bodily injury occurred rather than former requirement of serious physical injury

   

18.2-67.2:1

Amends spousal rape law to include intimidation against spouse or another person, in addition to force or threats of force

 

Ch 630

54.1-3605

Removes sunset clause on provisions regulating certification of sex offender treatment providers

 

Ch 801

19.2-298.1

Requires Virginia residents or persons convicted in Virginia of Mann Act violation to register as a sex offender

 

Ch 662

19.2-298.1

Requires probation or parole officers to notify State Police whenever probationer/parolee changes his/her address under sex offender registration act

 

Ch 845

18.2-472.1, 19.2-298.1

Requires registration as sex offender of persons temporarily residing instate if required to register in home state and expands offenses for which registration is required

 

Ch 946

37.1-70.1

Authorizes civil commitment of persons convicted of violent sex offenses and found unrestorable, incompetent, and likely to commit future offenses

 

Ch 371

19.2-152.8, .152.9, 152.10

Specifies that stalking protection order may specifically prohibit contact of any kind with victim or victim's family

 

Ch 665

16.1-228

Redefines family abuse crime to include threats

 

Ch 849

32.1-283.2

Authorizes local jurisdictions to establish death review teams in fatal family incidents and requires Chief Medical Examiner to develop a model protocol

 

Ch 54

16.1-260

Requires juvenile intake officer to accept and file petition for protective order when family abuse is alleged

Washington

Ch 6

9A.44.130

Amends sex offender registration act to include persons without a fixed address and prohibits registrants from changing their name if the change would interfere with law enforcement interests

 

Ch 184

26-New; 10.31.100(2)(b)

Provides for Full Faith and Credit to non-Washington state protection orders

 

Ch 397

New

Provides for pilot family court project

 

Ch 45

9A.44.New

Creates crime of custodial sexual misconduct for employees of correctional agencies

 

Ch 72

13.40.New

Provides for administrative actions when custodial misconduct is alleged

 

Ch 351

9.94A.040

Adds stalking and violation of domestic violence protection orders to list of crimes under Level IV of sentencing guidelines

     

Amends sexual offender registration law to provide that knowing failure to register or to move without notifying sheriff is a Class C felony where felony kidnapping was a crime of conviction

 

Ch 329

43.43.754

Expands the class of offenders who must have blood sample drawn for DNA databank

 

Ch 326

40.14.060, .070;

Amends laws regulating the retention of records pertaining to sexually violent offenses

 

Ch 170

10.14.150

Authorizes district court to transfer civil antiharassment cases to superior court in specified instances

 

Ch 147

26.50.150, 9.94A.120

Authorizes sentencing court to order batterers to attend treatment that includes education regarding the effects of domestic violence on children where perpetrator or victim has a minor child

 

Ch 53

40.24.070

Provides for confidentiality of records pertaining to victim of domestic violence or sexual assault participation in programs

 

Ch. 27

9A.46.020, .110; 10.14.020

Amends harassment and stalking laws to include acts involving electronic communication

West Virginia

SB 643

61-8B-16

Amends law providing for state payment for costs of forensic medical examination in sexual offense cases

 

SB 2003, SB 705

48-2C-4c

Establishes domestic violence legal services fund

 

SB 2003

48-2A-6

Provides for $25 assessment fee against persons subject to protective order, payable to family court fund and other technical changes in authority of court to issue orders of protection

 

HB 2871

15-12-1 et seq

Adds new Sex Offender Registration Act

Wisconsin

Act 21

961.14(5)(ag)

Makes editorial changes to law prohibiting possession of date rape drug gamma-hydroxybutyric acid

Wyoming

Act 133

7-19-301, 302, 303, 304

Amends Sexually Violent Offenders Registration Act by adding new class of offenders required to register and changing registration and notification provisions

 

Act 93

9-1-638

Authorizes Division of Victim Services to administer state program of shelter services to victims of domestic abuse and sexual assault

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