Assigned to JUD FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Phoenix, Arizona

REVISED FACT SHEET FOR S.B. 1309
domestic violence; sentencing

Purpose

Increases by two years the maximum penalty the court may impose on a defendant convicted of domestic violence committed against a pregnant victim, if the defendant knew of the pregnancy.

Background

Domestic violence is defined as the committing of specified crimes against a spouse or former spouse, an individual who shares a child with the defendant, a woman who is pregnant by the defendant, a man by whom the defendant is pregnant, an individual of the opposite sex residing in the same house as the defendant, or an individual who is related to the defendant (siblings, parents, children, grandparents, grandchildren, certain in-laws and step-children).

The current maximum penalty for domestic violence offences varies, as the definition includes, but is not limited to, such crimes as dangerous crimes against children, endangerment, threatening or intimidating, assault, aggravated assault, custodial interference, unlawful imprisonment, kidnaping, criminal trespass, criminal damage, interfering with judicial proceedings, disorderly conduct, harassment, aggravated harassment, stalking, and emotional abuse of a child. These crimes vary in misdemeanor and felony levels, thus so do the sentencing requirements. S.B. 1309 allows the court to impose a greater sentence if any of these crimes are committed against a pregnant victim.

According to an article in Clinical Obstetrics and Gynecology published in September 1997, written by Linda R. Chambliss, M.D., Maricopa Medical Center, at least 40 percent of battered women report that the abuse continued while they were pregnant and that the abdomen was a more frequent target. A battered woman is less apt to obtain prenatal care and deliver an infant with a low birth weight. Abuse during pregnancy is associated with a higher risk of eventual homicide of either partner.

S.B. 1309 will have a negative fiscal impact to the state if it results in domestic violence felons being incarcerated in prisons for longer periods of time. Counties and cities will experience increased costs if S.B. 1309 results in domestic violence misdemeanants serving longer jail sentences.

Provisions

1. Increases by two years the maximum penalty for a defendant convicted of domestic violence committed against a pregnant victim, if the defendant knew of the pregnancy.

FACT SHEET S.B. 1309 - Revised Page

2. Makes conforming and technical changes.

3. Contains a general effective date.

Amendments Adopted by Committee

1. Allows the court to increase, up to two years, the sentence for a defendant convicted of an act of domestic violence committed against a pregnant victim.

Senate Action

JUD DPA 8-0-1-0

Prepared by Senate Staff

February 23, 1999

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