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(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB 460

SOURCES OF INFORMATION

Administrative Office of the Courts (AOC)

Administrative Office of the District Attorneys (AODA)

SUMMARY

Synopsis of Bill

The Battery Against a Household Member bill proposes increases in the penalties for battery on a household member, aggravated battery on a household member and violation of an order of protection. The increases are gradual by number of prior convictions and require mandatory minimum sentences

Significant Issues

By requiring a mandatory minimum sentence, the bill provides significant improvement in current domestic violence laws. The erratic sentencing of these offenders under the current law, particularly the frequent deferring of sentences, has been problematic. Mandatory minimum sentences will make sentencing consistent and will have a deterrent effect.

ADMINISTRATIVE IMPLICATIONS

It will cost the judicial information system $400 for statewide update, distribution and documentation of statutory changes. Any additional fiscal impact on the judiciary would be proportional to the enforcement of this law and commenced prosecutions.

FAR/njw