domestic violence;
definition; sentencing
HB 2268 repeals one section of the Arizona Revised Statutes in Title 13 that was dually enacted by Laws 2000 and continues the Domestic Violence and Sexual Assault State Plan Task Force until from and after July 31, 2003.
Currently, two sections numbered 13-3601 exist in the Arizona Revised Statutes. This is due to unblendable changes made to the law during the Forty-Fourth Legislature, Second Regular Session.
Section 13-3601 (as amended by Laws 2000, chapter 32, section 7, chapter 42, section 1, and chapter 361, section 3) defines domestic violence as any act which is a dangerous crime against children or any assault, kidnapping, criminal trespass, criminal damage, interference with judicial proceeding, disorderly conduct, harassment or stalking that is committed if any of the following applies:
1. The victim and defendant are married or cohabitating or were married or cohabitating.
2. The victim and defendant have a child together.
3. The victim or defendant is pregnant by the other party.
4. The victim is related to the defendant or the defendant’s family by blood or court order.
5. The victim is a child who resides or resided with the defendant and is related by blood to a former spouse of the defendant or to a person who cohabitated with the defendant.
An officer may arrest a person if the officer has probable cause to believe that domestic violence has been committed, and is required to arrest a person if there is probable cause to believe that the person committed domestic violence involving a deadly weapon. The law provides procedures for officers to follow during an arrest or after confiscating a firearm. This includes providing information regarding resources for victims of domestic violence.
The dually enacted section 13-3601 (as amended by Laws 2000, chapter 370, section 1) contains the same provisions as mentioned above except that the section does not distinguish between couples who reside and cohabitate together. Nor does this section contain a provision that applies the definition of domestic violence to a relationship that exists between a domestic violence victim and defendant pursuant to a court order. This section also does not provide for an enhanced penalty if a defendant commits a felony against a pregnant victim and knew the victim was pregnant.