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1998 SESSION

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HB 583 Protective orders; family abuse or stalking.

Introduced by: Vivian E. Watts | all patrons    ...    notes | add to my profiles

SUMMARY:

Protective orders. Makes primarily technical changes in the provisions governing protective orders in cases of family abuse or stalking.

The provision governing expiration of an emergency order is clarified to ensure that the order remains effective beyond 72 hours only if the court is not in session at that time, and continues to be effective until 5 p.m. of the next day that the issuing court is in session.

Electronic transfer of information from the courts to VCIN is authorized, but not required.

A reference to the provisions governing return of service by a private process service is added to the section on preliminary protective orders.

Language is added to clarify that references in the statutes to service of a "copy" includes a facsimile copy.

The definition of "law-enforcement officer" is amended to include auxiliary police officers having the power of arrest.

The bill adds emergency protective orders issued in family abuse and stalking cases to the list of court-ordered prohibitions included in the criminal trespass statute.

Finally, the bill includes authority for law-enforcement officers to make a warrantless arrest in cases of brandishing a firearm. Because brandishing is a misdemeanor, a warrantless arrest under current law would require that the offense be committed in the officer's presence. In domestic violence situations, this would rarely be the case.

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


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