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IN HB1415

Bill

Status

Introduced

1/14/2019

Primary Sponsor

Terry Goodin

Click for details

Origin

House of Representatives

2019 Regular Session

AI Summary

  • Prosecutors may petition for an ex parte hearing within 24 hours if a court denies an arrest warrant for domestic violence crimes, allowing presentation of additional evidence to establish probable cause.

  • Victims must be notified before a summons is served on domestic violence defendants, and only law enforcement officers may serve such summons (informal service on defense counsel is prohibited).

  • Mandatory bail hearings required for all persons charged with domestic violence crimes, with bail revocation required if defendants violate no contact orders while on bail and face subsequent charges.

  • Invasion of privacy enhanced from Class A misdemeanor to Level 6 felony when a person violates a no contact order issued as a condition of bond or probation.

  • Domestic battery enhanced to Level 6 felony for offenders with a previous domestic battery conviction, adding this as a separate enhancement category.

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 the service of summons on a defendant concerning an alleged crime of domestic violence to be served by a law enforcement officer. Requires a bail hearing if a person is charged with a crime of domestic violence. Enhances the penalty for invasion of privacy to a Level 6 felony if a person violates a no contact order that was issued as a condition of probation or a bond. Enhances the penalty for domestic battery to a Level 6 felony if a person has a previous conviction of domestic battery. Provides that bail must be revoked for a defendant charged with a crime of domestic violence who violates a no contact order while on bail and who is subsequently charged with invasion of privacy or a subsequent crime of domestic violence.

Last Action

First reading: referred to Committee on Courts and Criminal Code

1/14/2019

Committee Referrals

Courts and Criminal Code1/14/2019

Full Bill Text

No bill text available