SB1345 - 442R - House Bill Summary

House of Representatives

SB 1345

domestic violence; pregnant victim; penalty

Sponsors: Senator Richardson, et al

X	Committee on Human Services
	Caucus and COW
	As Passed the House

SB 1345 increases by up to two years the maximum penalty the court may impose on a defendant if the defendant committed a felony offense against a pregnant victim and knew of the pregnancy. In addition, it permits a person convicted of a violation of domestic violence statutes to petition for a review of sentence if the person meets several requirements.

Background

According to the National Clearinghouse for the Defense of Battered Women, 40% of assaults on women by their male partners begin during the first pregnancy. The Domestic Violence Data Source indicates that victims of domestic violence are less likely to seek prenatal care. As a consequence, domestic violence carries a risk for the unborn fetus, as well as the mother, and includes increased rates of miscarriage, premature birth, low birth weight, fetal injury and fetal death.

Provisions

· Increases by up to two years the maximum penalty for a defendant who committed a felony offense against a pregnant victim and knew of the pregnancy.

· Permits a person convicted of a violation of Title 13, Chapters 10 and 11, before September 30, 1992 to petition the Board of Executive Clemency to review the sentence imposed upon the person if the following apply:

1. The person was suffering from Battered Persons Syndrome as a result of the victim’s acts of violence against the person.

2. At least three corroborated acts of domestic violence involving offenses defined in sections 13-1201 through 13-1204 were committed against the person by the victim before the offense for which the person was convicted.

3. The victim was the only individual who suffered death or serious physical injury during the commission of the offense.

4. The person committed the offense against the victim as a direct result of the past acts of domestic violence by the victim as defined by ARS sections 13-1201 through 1204.

5. The person applies for a sentence review within 90 days after the Department of Corrections posts, mails or broadcasts notice to the person.

· Specifies that the petition shall state that the person meets the eligibility requirements for review.

· Requires the Department of Corrections to establish a procedure for providing notice to inmates of the eligibility requirements for sentence review and of the 90-day petition deadline by December 31, 2000.

· Gives the Board of Executive Clemency sole discretion in determining the petition to be sufficient.

· Requires the Board to hold a hearing at which the victim’s family, the prosecutor and the sentencing judge are given notice and an opportunity to be heard if the petition is determined to be sufficient.

· States that the Board may recommend to the Governor that the inmate’s sentence be reduced if the inmate’s petition is valid and if there is clear evidence that the inmate will conform to the requirements of the law when released.

· Prohibits a person from appealing the Board’s final decision regarding the shortening of the person’s sentence.

· Requires the Board to complete all petition reviews by December 31, 2001.

· Repeals Section 31-403, relating to review of sentence petitions, on January 31, 2002.

· Repeals duplicative provisions of session law relating to domestic violence.

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· 44th Legislature Analyst Initials _______