ARIZONA STATE SENATE
Phoenix, Arizona
domestic violence;
definition; sentencing
Stipulates that persons
charged with domestic violence offenses may not be released from custody in
specified instances. Repeals a section
of statute that was dually enacted by Laws 2000.
H.B. 2268 restricts the
ability for a person arrested or charged in relation to a domestic violence
offense to be released from custody.
Due to this provision, enactment of this bill is conditional upon
passage of an amendment to the Arizona Constitution proposed by H.C.R. 2014.
Additionally, current law
contains two sections numbered A.R.S. section 13-3601, relating to domestic
violence, its definition and sentencing options. This legislation repeals one of the sections and blends the
substantive provisions of the repealed section with the provisions of the
remaining section wherever possible.
The remaining section differs from the repealed section in that it does
not limit coverage for persons who reside or have resided in the same household
to persons of the opposite sex. This
provision was passed by the Legislature in Laws 2000.
The Joint Legislative Budget
Committee staff estimates that there will be no state general fund impact as a
result of this bill.
1. Specifies that a person arrested or charged for a domestic violence offense or for a violation of the conditions of a pretrial release order or probation order may not be released from custody if both of the following apply:
·
the
state, victim or other person appears personally or through counsel at the time
release conditions are set.
·
the
state, victim, or other person provides information that clearly and
convincingly shows the person charged poses a substantial danger to any other
person or the community and no conditions or release that may be imposed will
reasonably assure the safety of the other person or the community.
2. Adds to the definition of domestic violence “surreptitious photographing” if the relationship between the offender and the victim meets specified criteria.
3. Repeals a dually enacted section of law and blends remaining substantive provisions wherever possible.
4. Provides that the act shall be known as Cassie’s law.
5. Makes enactment conditional upon adoption of a constitutional amendment to make a person charged with a domestic violence offense ineligible for bail if the person charged poses a substantial danger to any other person or the community, if no conditions of release will reasonably assure the safety of the other person or the community and if the proof is evident or the presumption great as to the charge.
JUD 3/6/01 DPA 8-0-0-2-0
3rd Read 3/19/01 43-12-5-0
Prepared by Senate Staff
April 2, 2001