The bill amends the law regarding domestic battering in the third degree in Arkansas, specifically addressing the classification of the offense and the enhancement of penalties based on prior acts. Under the revised law, domestic battering in the third degree remains classified as a Class A misdemeanor. However, it escalates to a Class D felony if the offense is committed against a pregnant woman or if the perpetrator has committed certain prior acts within the last five years. The prior acts that can lead to this felony classification include various degrees of domestic battering and aggravated assault on a family or household member.

Additionally, the bill introduces a new provision that allows the state to establish a classification enhancement for individuals who have not been previously convicted of the listed prior acts. This can be done by proving the commission of such acts beyond a reasonable doubt during the prosecution's case in chief. The changes aim to strengthen the legal framework surrounding domestic violence and ensure that repeat offenders face more severe consequences.

Statutes affected:
HB 1765: 5-26-305(b)