DOMESTIC ASSAULT
Present law provides that a third or subsequent conviction for domestic assault committed by intentionally, knowingly, or recklessly causing bodily injury to another is punishable by a fine of not less than $1,100 nor more than $5,000, and by confinement in the county jail or workhouse for not less than 90 consecutive days, nor more than 11 months, 29 days. However, if (i) the domestic assault victim's relationship with the defendant is between adults or minors who are current or former spouses, or adults or minors who are dating or who have dated or who have or had a sexual relationship, but does not include fraternization between two individuals in a business or social context; or the victim is the minor child of any person in those above specified relationships, and (ii) the defendant has at least two prior convictions for domestic assault committed by intentionally, knowingly, or recklessly causing bodily injury to another prior to or at the time of committing the offense, then the offense is a Class E felony, with a mandatory confinement of not less than 90 consecutive days in the county jail or workhouse.
A Class E felony is punishable by a term of imprisonment not less than one year nor more than six years, and the jury may assess a maximum fine of $3,000, unless otherwise provided by statute.
This bill amends the above provision to provide, instead, that a third or subsequent conviction for domestic assault by intentionally, knowingly, or recklessly causing bodily injury to another is a Class E felony. The defendant must be sentenced to mandatory confinement of not less than 90 consecutive days in the county jail or workhouse. The defendant must pay a fine of not less than $1,100 nor more than $5,000.
RECIDIVIST MISDEMEANANT
This bill provides that, notwithstanding the below provision, a defendant convicted of any combination of five or more qualifying misdemeanors is deemed a recidivist misdemeanant and commits a Class E felony on the sixth or subsequent qualifying misdemeanor. This bill defines a "qualifying misdemeanor" as any of the certain misdemeanor convictions listed in this bill.
Additionally, this bill provides that a defendant commits a Class E felony upon a third or subsequent conviction of any combination of the following offenses: assault against a first responder or nurse; child abuse; child neglect or endangerment; domestic assault; unlawful carrying and possession of a firearm; violation of an order of protection or restraining order; or violation of a no contact order.
This bill provides that if the offense date of a preceding qualifying misdemeanor conviction is within 10 years of the date of the present offense, all eligible qualifying misdemeanor convictions occurring within 20 years of the offense date of the present offense must be considered when determining the total number of preceding qualifying misdemeanor criminal convictions. However, this bill does not apply if more than 10 years have elapsed between the offense date of the present offense and the offense date of a preceding qualifying misdemeanor conviction.
ANOTHER JURISDICTION
This bill provides that a preceding qualifying misdemeanor conviction from another jurisdiction other than this state must be considered a preceding qualifying misdemeanor conviction if the elements of the offense are the same as the elements of a comparable offense in this state.
MULTIPLE PRECEDING QUALIFYING MISDEMEANORS
This bill provides that if more than one preceding qualifying misdemeanor conviction occurs on a single date, only one conviction from that date may be used for the purposes of this bill.
ENHANCED PUNISHMENT
This bill provides that to seek enhanced punishment under this bill, eligible preceding qualifying misdemeanor convictions must be alleged in a separate count of the indictment. The indictment must include the dates of the offenses; the dates of the convictions; the names of the preceding offenses; and the jurisdiction where the preceding qualifying misdemeanor convictions occurred.
Additionally, this bill provides that a certified judgment or certified copies of the records of a court clerk constitutes prima facie evidence of a preceding qualifying misdemeanor conviction for purposes of the bill.
This bill does not prohibit a district attorney general from seeking enhanced punishment under any other laws of this state.
ON APRIL 24, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2323, AS AMENDED.
AMENDMENT #1 names the bill the "Chris Wright Act."

Statutes affected:
Introduced: 39-13-111
Amended with HA1091 -- 04/24/2024: 39-13-111