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AR HB1631

Bill

Status

Failed

5/1/2017

Primary Sponsor

Clarke Tucker

Click for details

Origin

House of Representatives

91st General Assembly (2017 Regular)

AI Summary

  • Changes warrantless arrest for domestic abuse from "may arrest" to "shall arrest" (mandatory) when an officer has probable cause the person committed domestic abuse within the preceding 4 hours, or 12 hours if physical injury is involved.

  • Requires officers to evaluate conflicting accounts of domestic abuse incidents and determine which party was the predominant aggressor using specific factors: statements from parties and witnesses, extent of injuries, evidence of self-defense, and prior complaints of domestic abuse.

  • Makes arrest of the predominant aggressor mandatory for felony-level domestic abuse and preferred action (when imminent threat of further injury exists) for misdemeanor-level domestic abuse within the 4-hour or 12-hour timeframe.

  • Allows officers discretionary authority to arrest without warrant for misdemeanor domestic abuse when the predominant aggressor is identified and the act occurred within 4 hours or 12 hours for cases involving physical injury.

  • Grants civil liability immunity to law enforcement officers acting in good faith and exercising due care when making domestic abuse arrests.

Legislative Description

Concerning A Warrantless Arrest For Domestic Abuse.

Last Action

Died in House Committee at Sine Die Adjournment

5/1/2017

Committee Referrals

Judiciary2/21/2017

Full Bill Text

No bill text available