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ID H0528

Bill

Status

Introduced

2/13/2012

Primary Sponsor

Judiciary, Rules and Administration Committee

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

HB 528 Summary

  • Expands protection order provisions beyond domestic violence to include sexual assault, sexual abuse, and stalking by renaming the act the "Domestic Violence, Sexual Abuse, Sexual Assault and Stalking Crime Prevention Act"

  • Establishes new definitions for sexual abuse, sexual assault, sexual conduct, sexual penetration, and stalking, with "nonconsensual" contact defined to include activity beyond the scope of victim's consent or capability to consent

  • Removes time limitations on protection orders, allowing orders to continue for appropriate periods or be made permanent if chapter requirements are met, with renewals possible for additional one-year terms upon good cause shown

  • Permits courts to issue protection orders for sexual assault and abuse cases upon a preponderance of evidence without requiring proof of physical injury, though judges may consider consistency of affidavits with any physical injuries present

  • Extends ex parte temporary protection order procedures to sexual assault, sexual abuse, and stalking cases, extending the duration from fourteen to twenty-one days pending full hearing

Legislative Description

Amends existing law relating to domestic violence and crime prevention; to revise provisions relating to actions for protection associated with domestic violence and to provide for actions for protection associated with sexual assault, sexual abuse and stalking.

DOMESTIC VIOLENCE

Last Action

to Jud

2/14/2012

Committee Referrals

Judiciary, Rules and Administration2/14/2012

Full Bill Text

No bill text available