The proposed bill would update current statutes related to domestic violence offenses by introducing new requirements for judicial officers and modifying existing criteria for legal decision-making. Specifically, it mandates that judicial officers impose electronic monitoring as a condition of release on bail or recognizance for defendants charged with domestic violence that results in physical harm. Additionally, it requires defendants subject to an order of protection to provide identifying information to the plaintiff, contingent upon a hearing that establishes a prior history of harm. The bill also enhances the criteria for determining significant domestic violence by requiring courts to consider factors such as the seriousness, frequency, recency, and impact of domestic violence acts. Moreover, the bill clarifies that completion of rehabilitation programs cannot solely rebut the presumption against joint decision-making for parents with a history of domestic violence and prohibits courts from awarding unsupervised parenting time if significant domestic violence is found. It also introduces provisions that require defendants with a history of harming the plaintiff to provide identifying information if there is reasonable cause to believe that physical harm may result without this information. The bill further clarifies that an order of protection issued by a lower court remains valid even if a related action is pending in a higher court and prohibits charging fees for filing an appeal of such orders.

Statutes affected:
Introduced Version: 13-3602, 13-3967, 13-3601, 13-2910, 41-1661, 13-2810, 13-3883, 13-3903, 22-425
Senate Engrossed Version: 13-3602, 13-3967, 25-403.03, 13-3601, 13-2910, 41-1661, 13-2810, 13-3883, 13-3903, 22-425, 13-706, 13-3407, 13-3407.01, 13-3968, 13-4406, 13-3212, 13-610, 8-327, 13-501