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IN HB1272

Bill

Status

Introduced

1/11/2018

Primary Sponsor

Terry Goodin

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Allows a prosecuting attorney to petition for an ex parte hearing within 24 hours if a court initially denies an arrest warrant request in a domestic violence case, enabling presentation of additional evidence to establish probable cause.

  • Requires courts to notify the victim before a summons is served on a defendant in domestic violence cases, or notify the prosecuting attorney at least 24 hours prior to service to allow victim notification.

  • Mandates that summons service in alleged domestic violence crimes be performed by law enforcement officers only, prohibiting informal service on defense counsel.

  • Requires a bail hearing for persons charged with domestic violence crimes and mandates bail revocation if a defendant violates a no contact order while on bail and is subsequently charged with invasion of privacy or another domestic violence offense, unless the defendant agrees to wear a GPS tracking device.

  • Enhances penalties for invasion of privacy to a Level 6 felony when violating a no contact order issued as a condition of probation or bond, and increases domestic battery to a Level 6 felony upon a prior domestic battery conviction.

Legislative Description

Laura's law. To honor the memory of Laura Russell, provides that if a court denies a request for an arrest warrant involving a crime of domestic violence, a prosecuting attorney may petition a court to hold an ex parte hearing to present additional evidence to establish probable cause. Requires a court to hold the ex parte hearing within 24 hours after the petition is filed. Provides that if a court denies a request for an arrest warrant after the ex parte hearing and issues a summons for the defendant, certain notice of the summons to the victim is required. Requires

Last Action

First reading: referred to Committee on Courts and Criminal Code

1/11/2018

Committee Referrals

Courts and Criminal Code1/11/2018

Full Bill Text

No bill text available