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IN HB1436
Bill
Status
1/14/2015
Primary Sponsor
Dale DeVon
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AI Summary
HB 1436 Summary
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County fiscal bodies may authorize sheriffs to collect mileage-based service of process fees reasonably related to serving costs, in addition to the standard $13 fee.
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Lowers the evidentiary standard for proving a defendant's dangerousness in bail proceedings from clear and convincing evidence to preponderance of the evidence.
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Courts must immediately revoke bail if a defendant fails to appear at any stage of proceedings while charged with a felony or Class A misdemeanor demonstrating instability and disrespect for court authority.
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Expands "victim notification capabilities" for GPS tracking devices to include notifying victims when the device comes within a specified distance of a receiver possessed by the victim, and authorizes courts to require GPS devices with these capabilities in civil protection orders involving domestic violence.
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Increases the penalty for voluntary manslaughter from Level 2 felony to Level 1 felony when committed with a deadly weapon, and clarifies that removing GPS tracking devices required by courts constitutes escape (Level 6 felony).
Legislative Description
Criminal law matters. Allows a county fiscal body to establish a mileage based service of process fee that is reasonably related to the expenses of serving process. Provides that, for the purpose of establishing or modifying the amount of bail, a defendant's dangerousness must be proved by a preponderance of the evidence. (Under current law, dangerousness must be proved by clear and convincing evidence.) Requires a court to immediately revoke bail if a defendant fails to appear at any stage of the proceedings and is charged with certain offenses. Specifies that "victim notification capabilities", with respect to a GPS tracking
Last Action
First Reading: referred to Committee on Courts and Criminal Code
1/14/2015