ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
domestic violence; pregnant
victim; penalty
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.
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 stepchildren).
According to the National Clearinghouse for the Defense of Battered Women, 40 percent 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.
The current maximum penalty
for domestic violence offenses 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, kidnapping, 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. 1345 allows the court to impose a greater sentence for
felony offenses committed against a pregnant victim.
S.B. 1345 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.
1. 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.
2. Repeals duplicative provisions of session law.
3. Makes conforming and technical changes.
4. Provides for a general effective date.
1.
Limits
the maximum penalty increase to felony offenses.
JUD 2/1/00 DPA 5-0-4-0
Prepared by Senate Staff
February 3, 2000