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1999 SESSION

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SB 848 Assault and battery against a family or household member.

Introduced by: Joseph V. Gartlan, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Definition of family or household member. Revises the definition of “family or household member” to include parents, stepparents, children, stepchildren, brothers, sisters, grandparents, and grandchildren, regardless of whether such persons reside in the same home. This is the definition under current law for criminal jurisdiction of the juvenile court; however, under other sections of the Code, such persons must reside in the same home to be considered family or household members. This will broaden the applicability of protective orders and the family assault statute. Current law precludes conviction under the family assault statute of a parent who assaults a child who does not reside with the parent. The family assault statute imposes enhanced punishment (Class 6 felony for a third offense) and requires the issuance of an emergency protective order whenever a warrant is issued. Under certain circumstances a warrantless arrest may be made for violations of the family assault statute. This bill is identical to HB 1801.


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