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1996 SESSION

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SB 112 Family abuse; mandatory arrest.

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

SUMMARY:

Family abuse; mandatory arrest. Requires a law-enforcement officer who has probable cause to believe that family member assault has been committed to make a custodial arrest of the person he reasonably believes to be the primary physical aggressor. A person taken into custody is not to be released on bail unless a protective order is issued limiting contacts and prohibiting further acts of abuse. Unless it cannot be determined, the law-enforcement officer is to determine who is the primary aggressor taking into account the relative severity of the injuries, the likelihood of future injuries, prior complaints of abuse and whether one of the parties was acting in self-defense.

The bill also requires that law enforcement training include a component on determination of "primary physical aggressor".

The definition of "family or household member" is modified to eliminate the same residence requirement for parents, stepparents, children, stepchildren siblings, grandparents, and in-laws.

This bill is recommended by the Commission on Family Violence Prevention.


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