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S.F. No. 1423 - Domestic Abuse Provisions, First Engrossment
 
Author: Senator Vicki Jensen
 
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
 
Date: March 19, 2013



 

Sections 1, 4, and 5 amend the penalty provisions of the domestic abuse order for protection (OFP), harassment restraining order, and domestic abuse no contact order (DANCO) laws to strike the mental state requirement ("knowingly") in the gross misdemeanor and felony violations of those laws.

Sections 2 and 6 amend the OFP and DANCO laws to allow venue for a violation at the place where any call is made or received, or for wireless/electronic communications, where the actor or victim resides, or in the jurisdiction of a safe-at-home program participant’s address.

Section 3 amends the gross misdemeanor domestic assault penalty provision. Under current law, a misdemeanor domestic assault may be enhanced to a gross misdemeanor if the offender had a previous qualified domestic violence-related offense conviction or deliquency adjudication against a family or household member. This section strikes the requirement that the previous violation be committed against a family or household member.

Section 7 amends the provision of law addressing the admissibility of evidence of similar conduct by an accused against the victim of domestic abuse, or against other family or  household members. Replaces the phrase “similar conduct” with “domestic conduct.”

KPB/tg

 
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