Present law provides that a person commits domestic assault who commits an assault against a domestic abuse victim, which is defined as:
(1) Adults or minors who are current or former spouses; who live together or who have lived together; who are dating, 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; related by blood or adoption; or who are related or were formerly related by marriage; or
(2) Adults or minor children of a person in relationships described in (1).
Present law provides different penalties for a conviction of domestic assault based on a number of factors. However, this bill would provide that a person convicted of domestic assault involving strangulation or attempted strangulation would be punished by a mandatory minimum sentence of 30 days incarceration.
Present law provides that a person commits aggravated assault who intentionally or knowingly commits an assault, and the assault involved strangulation or attempted strangulation, which is defined as intentionally or knowingly impeding normal breathing or circulation of the blood by applying pressure to the throat or neck or by blocking the nose and mouth of another person, regardless of whether that conduct results in visible injury or whether the person has any intent to kill or protractedly injure the victim. Such aggravated assault is a Class C felony.
This bill would authorize an aggravated assault that involved strangulation, or attempted strangulation, in which the victim of the offense lost consciousness due to strangulation, to be prosecuted as attempted second degree murder, a Class A felony.
ON APRIL 3, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 213, AS AMENDED.
AMENDMENT #1 makes the following changes to this bill:
(1) Adds a requirement that the sentence for a person convicted of domestic assault involving strangulation or attempted strangulation include participation in programming that is evidence-based for domestic violence;
(2) Adds that an aggravated assault involving strangulation or attempted strangulation, in which the victim of the offense lost consciousness due to strangulation, may be prosecuted as attempted second degree murder or attempted first degree murder;
(3) Under present law, aggravated assault that involves strangulation or attempted strangulation is a Class C felony. This amendment enhances such offense to a Class B felony, if the victim is pregnant at the time of the offense; and
(4) Prohibits the release of a person charged with aggravated assault or assault against a first responder or nurse, involving strangulation, on the person's own recognizance or upon execution of an unsecured bond. This amendment requires a magistrate to require a person charged with such offense to post bail.Statutes affected:
Introduced: 39-13-111, 39-13-102
Amended with SA0195 -- 04/03/2023: 39-13-111, 39-13-102, 40-11-115