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AR HB1765
Bill
Status
5/5/2025
Primary Sponsor
Kendon Underwood
Click for details
AI Summary
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Domestic battering in the third degree remains a Class A misdemeanor but is elevated to a Class D felony if committed against a woman the offender knew or reasonably should have known was pregnant
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The charge is also elevated to a Class D felony if the person committed acts constituting domestic battering (first, second, or third degree), aggravated assault on a family or household member, or equivalent offenses within five years
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Changes language from requiring prior "offenses" to prior "acts that would constitute" the listed offenses, broadening what counts toward enhancement
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Allows the state to prove a prior qualifying act beyond a reasonable doubt during its case in chief to establish the felony enhancement, even if the person was not convicted of that prior act
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Prior acts from other states or foreign jurisdictions with equivalent penal laws also count toward the enhancement
Legislative Description
To Amend The Law Concerning Domestic Battering In The Third Degree; And To Amend The Offense Classification Enhancement Based On Prior Acts.
Last Action
Died in House Committee at Sine Die adjournment.
5/5/2025