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2004 SESSION

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SB 550 Family abuse; determination of predominant physical aggressor.

Introduced by: Janet D. Howell | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Family abuse. Changes the term primary physical aggressor to predominant physical aggressor in section that requires arrest in most family abuse cases when the law-enforcement officer has probable cause to believe that family assault or violation of a protective order occurred. The officer is required to arrest and take into custody the person he has probable cause to believe, based on the totality of the circumstances, was the primary (now predominant) physical aggressor (unless there are special circumstances that would dictate a course of action other than an arrest). The bill sets standards for determining who is the predominant physical aggressor. This bill is a recommendation of the Family Violence Subcommittee of the Virginia State Crime Commission.


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