Vote Smart's Synopsis:

Vote to pass a bill that amends law enforcement responses to domestic violence.

Highlights:

• Requires the state attorney general to adopt a list of validated evidence-based lethality assessment screening tools to determine the level of risk to a victim of domestic violence and to refer high-risk victims to local or regional domestic violence advocacy services (Sec. 1-109.744).

• Requires every peace officer and trooper who handles complaints of domestic violence to complete biennial professional training paid by the state, on both of the following (Sec. 1-109.803):

• Intervention techniques in domestic violence cases; and

• The referral of high-risk victims to local or regional domestic violence advocacy services.

• Prohibits any individual from purposely causing the death of another individual when both of the following apply, and specifies that violators will be guilty of aggravated murder (Sec. 1-2903.01):

• The victim was a family or household member of the offender; and

• The offender had previously been convicted of domestic violence resulting in serious physical harm, or an offense of violence against the victim.

• Defines “family or household member” as any of the following who are residing with or has resided with the offender, including (Sec. 1-2903.01):

• A spouse, an individual living with a spouse, or a former spouse of the offender;

• A parent, foster parent, a child of the offender, or another individual related by consanguinity or affinity to the offender;

• A parent or child of a spouse, an individual living as a spouse, or former spouse of the offender;

• A child whose guardian or custodian is a spouse, an individual living as a spouse, or former spouse of the offender; and

• The natural parent of any child of whom the offender is the other natural parent.

• Defines “person living as a spouse” to mean an individual who is living or has lived with the offender n a common-law marital relationship who otherwise is cohabiting with the offender, or has otherwise cohabited with the offender within the previous 5 years of the date of the alleged domestic violence incident (Sec. 1-2903.01).

• Prohibits an individual from recklessly impeding the normal breathing or circulation of the blood of the family or household member by applying pressure to the throat, neck, or by covering the nose and mouth of the family or household member (Sec. 1-2919-25).

• Specifies that any individual that violates the aforementioned section will be guilty of and charged with a third-degree felony and specifies that any individual that has previously pleaded guilty to or been convicted of a violation of this act will be guilty of and charged with a second-degree felony (Sec. 1-2919.25).

• Exempts the requirement of proof for prosecution that a family or household member suffered physical or serious physical harm, visible injury, or that there was an intent to kill or injure the family or household member (Sec. 1-2919.25).

• Authorizes a law enforcement officer to issue, on behalf of and with the consent of the victim of domestic violence, an emergency protection order from a judicial officer during any period of time the court is not usually in session based on a sworn statement from law enforcement that the either of the following has occurred (Sec. 1-2919.261):

• The victim is an immediate and present danger of domestic violence based on the officer’s observations and an allegation of a recent incident of domestic violence; or

• That a child of the victim is in immediate and present danger, based on the officer’s observations and an allegation of a recent incident of domestic violence.

• Authorizes the court to issue an emergency protection order if probable cause is found that the victim or child of a victim is in immediate danger based on an allegation of a recent incident of domestic violence (Sec. 1-2919.261).

• Specifies that an emergency protection order issued under this section may include and require the following restraints on the alleged domestic violence offender (Sec. 1-2919.261):

• Refrain from abusing, threatening, harassing, stalking, or forcing sexual relations on a protected individual;

• Refrain from entering or interfering with the residents, school, business, place of employment, child care provider, or child day-care center of a protected individual;

• Refrain from initiating or having any contact with a protected individual or the residence, school, business, place of employment, child care provider, or child day-care center of a protected individual; and

• Refrain from being within 500 feet of a protected individual.

• Requires that a copy of the emergency protection order be served to the alleged domestic violence offender who is the subject of the order (Sec. 1-2919.261).

Full Bill Text