domestic violence;
protection orders
DPA |
Committee on Judiciary |
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F |
Committee on Human Services |
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Caucus and COW |
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Third Read |
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As Passed the House |
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SB 1050 makes changes to inconsistencies in statutes that prescribe when a modified injunction against harassment or order of protection is effective. The bill also makes clarifying changes to enhanced sentencing for domestic violence crimes against pregnant victims.
SB 1050 was amended in the Judiciary Committee to remove service of process fees for all orders of protection and injunctions against harassment.
SB 1050 failed to pass the Human Services Committee.
Currently, an injunction against harassment or an order of protection granted by the court is effective upon service on the defendant. If the order is modified, it is also effective upon service on the defendant. However, one provision of each statute relating to modified orders and injunctions states that a modified order becomes effective within 24 hours of the entry of the order. This conflicts with the provision that makes these documents effective upon service.
Currently, Arizona Revised Statutes section 13-3601(L) states that the court shall increase the sentence by up to two years above the maximum available penalty for a person convicted of certain felonies if the victim was pregnant and the defendant knew that the victim was pregnant. However, section 13-711 allows the court to increase the sentence for a person convicted of either a felony or misdemeanor domestic violence offense if the victim was pregnant. This inconsistency is resolved by SB 1050 by clarifying sentence enhancement for domestic violence felonies and misdemeanors.
§ Removes inconsistencies in statute to clarify that modified orders of protection and injunctions against harassment become effective when served on the defendant.
§ Distinguishes between the sentence enhancement allowed for domestic violence misdemeanors and felonies when the victim is pregnant.
§ Requires that petitions for orders of protection must include whether there is pending action for maternity or paternity.
§ Makes other technical and conforming changes.
SB 1050 was amended in the
Judiciary Committee as follows:
§ Removes service of process fees for all orders of protection and injunctions against harassment.
§ Makes a clarifying change to indicate that the court must determine whether the petition arose out of a dating relationship.
SB 1050 failed to pass the Human
Services Committee.
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45th Legislature
Second Regular
Session 3 April 17, 2002
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