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2011 SESSION

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HB 2422 Protective orders; makes numerous changes to laws governing family abuse and stalking, penalty.

Introduced by: David J. Toscano | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Protective orders; definition of family abuse; dating violence; penalty.  Makes numerous changes to the laws governing family abuse protective orders and stalking protective orders, including (i) amending the definition of "family abuse" to specifically include assault, stalking, sexual assault, forceful detention, and intentional damage to real or personal property with the intent to intimidate or control; (ii) expanding the availability of stalking protective orders to any person who has been a victim of "dating violence" or an "act of violence"; and (iii) providing that if both parties file for a protective order, the court may issue mutual orders upon finding by clear and convincing evidence that both parties have committed, and are likely to commit in the future, conduct justifying the issuance of an order. The bill also harmonizes certain provisions regarding the violation of a family abuse protective order and a stalking protective order, including making the penalties for violating the orders consistent, to wit: (i) any person convicted of a second violation of a protective order, when the offense is committed within five years of a conviction for a prior offense and when either the instant or prior offense was based on an act or threat of violence, shall be sentenced to a mandatory minimum term of confinement of 60 days; (ii) any person convicted of a third or subsequent offense, when such offense is committed within 20 years of the first conviction and when either the instant or any of the prior offenses was based on an act or threat of violence, is guilty of a Class 6 felony and punishment shall include a mandatory minimum term of confinement of six months; (iii) any person who commits an assault and battery resulting in serious bodily injury upon a person protected by a protective order is guilty of a Class 6 felony; and (iv) any person who violates a protective order by furtively entering the home of the protected party while such party is present or enters and remains in such home until the protected party arrives is guilty of a Class 6 felony. The bill also provides that any person convicted of violating a protective order for which no mandatory minimum sentence is specified shall be sentenced to a term of confinement and shall not have his entire sentence suspended. This bill has been incorporated into HB 2063.


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