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MS SB2629

Bill

Status

Passed

3/21/2014

Primary Sponsor

William Longwitz

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Origin

Senate

2014 Regular Session

AI Summary

  • Amends Section 99-3-7 to allow law enforcement officers to arrest persons without a warrant when there is probable cause they committed a misdemeanor or felony act of domestic violence within 24 hours, or violated a protective order or restraining order.

  • Requires officers to determine the "principal aggressor" when two or more persons are involved in domestic violence, considering factors including evidence, history of abuse, self-defense claims, and witness statements.

  • Prohibits officers from basing arrest decisions on the victim's consent or request, and allows victims to independently seek remedies regardless of the officer's probable cause determination.

  • Mandates that officers investigating domestic violence crimes file affidavits on behalf of victims within 24 hours if probable cause is found, or provide victims with filing procedures if charges are reported later.

  • Provides civil immunity to law enforcement officers acting in good faith when making or declining to make arrests under domestic violence provisions.

  • Takes effect July 1, 2014.

Legislative Description

Domestic violence; clarify when arrest may be made without warrant.

Last Action

Approved by Governor

3/21/2014

Committee Referrals

Judiciary B2/15/2014
Judiciary, Division B1/20/2014

Full Bill Text

No bill text available