Domestic Violence Bills
Passed:
HB 43 Domestic Violence Modifications creates the Domestic Violence Data Task Force under the Department of Public Safety, a member of which will be appointed by UACDL.
HB 120 Weapon Possession Amendments amends the definition of a Category II restricted person relating to domestic violence by exempting those whose conviction has been expunged, set aside, reduced to an infraction by court order or pardoned.
HB 199 Voluntary Firearm Safekeeping Amendments prohibits a law enforcement agency that receives a firearm from the owner or the owner's cohabitant for safekeeping from returning the firearm to the owner if the owner: is a restricted person; or has been arrested and booked into jail on a class A misdemeanor or felony domestic violence offense, has had a court review the probable cause statement and determine that probable cause existed for the arrest, and is subject to a jail release agreement or a jail release court order. This bill also directs the Department of Public Safety to create a pamphlet detailing a domestic violence victim's rights to commit the perpetrator's firearm to a law enforcement agency.
HB 314 Remedies for Victims of Domestic Violence Amendments allows victims of domestic violence to terminate their rental agreements with a lower termination fee and get an expungement for an eviction.
SB 117 Domestic Violence Amendments creates a standardized domestic violence lethality assessment protocol and requires any law enforcement officer who responds to a report of domestic violence between intimate partners to conduct a lethality assessment. It requires the lethality assessment to be submitted with a probable cause statement to the court and allows the assessment to be used in determining a person’s pretrial release status. It originally required the lethality assessment to be included in a presentence report, but we were able to remove that provision. We opposed the lethality assessment being used in either situation because the tool was originally designed to help victims know whether they should seek additional services and it has not been validated for use as a tool with any predictive value for reoffending. Unfortunately, we did not have enough support to limit it any further. Practitioners should be prepared to argue to judges that the assessment was never intended to be used as a pretrial release risk tool and the results are easy to manipulate and misinterpret.