House of Representatives

HB 2472

domestic violence; jury trials

Sponsors: Representatives Pearce, Cooley, Pierce, et al

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

HB 2472 modifies entitlements for defendants in criminal action cases and makes it unlawful for a plaintiff who has taken out an order of protection to violate terms in the order.

History

Current law entitles a defendant in a criminal action to a speedy trial by an impartial jury in the county in which the alleged crime was committed, to have counsel and to produce witnesses on behalf of the defendant. HB 2472 applies these entitlements to only those defendants in a criminal action that may result in incarceration or the suspension of civil rights.

Domestic violence as defined by current law means any act that is a dangerous crime against children as defined by law or an offense defined in various sections of the criminal code. Interference with judicial proceedings and making unreasonable noise are currently included in the definition for domestic violence.

The court issues an order of protection if the court determines there is reason to believe the defendant may commit an act of domestic violence. HB 2472 requires the court to hold a hearing to determine if there is reasonable cause to believe domestic violence has or may be committed.

Provisions

· Stipulates that the entitlement to a speedy trial, have counsel and produce witnesses on their behalf applies to defendants in criminal actions that may result in incarceration or the suspension of civil rights.

· Removes interfering with judicial proceedings and making unreasonable noise from acts constituting domestic violence.

· Specifies the court shall issue an order of protection if the court holds a hearing or there is a police report that determines there is reasonable cause the defendant may or has committed an act of domestic violence.

· Requires an order of protection to apply to the plaintiff who takes out the order and knowingly violates the terms and conditions of the order.

· States that a plaintiff who violates the terms in the order may be arrested and prosecuted for interfering with judicial proceedings and any other crime that may have been committed in disobeying the order.

· Makes technical and conforming changes.

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· 45th Legislature

· Second Regular Session 2 February 5, 2002

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