Specifies that county residency requirements do not apply to: (1) public defenders (except for the chief public defender); (2) employees of a public defender office; (3) judicial officers; or (4) court personnel.
Provides that at the time of sentencing for a person convicted of making an unlawful proposition the court may require the person to complete a prostitution offender program approved by the court. Requires a person ordered to complete a prostitution offender program to pay a fee.
Prohibits a court from requiring an arrestee to pay bail as a condition of pretrial release, unless: (1) the court finds by clear and convincing evidence that the arrestee is a flight risk or danger to the community; (2) the arrestee is charged with murder or treason; (3) the arrestee is on pretrial release not related to the incident that is the basis for the present arrest; or (4) the arrestee is on probation, parole, or other community supervision. Requires that the amount of bail be the lowest amount required, based on the defendant's financial circumstances, to assure the arrestee's appearance at trial and to protect the community.
Requires the names and specified other information of child victims, child witnesses, and certain other persons to be redacted in criminal actions. Requires the use of an anonymous designator such as "Child Witness No. 1" when redacting a name, and prohibits redaction that uses the person's initials or that describes the person in terms of a family relationship.
Requires a law enforcement officer to administer a lethality assessment for domestic violence incidents. Requires data to be transmitted to a local domestic violence fatality review team and the statewide domestic violence fatality review committee. Provides that a law enforcement officer responding to the scene of an alleged crime involving domestic or family violence shall use all reasonable means to prevent further violence, including administering a lethality assessment. Provides that all statements communicated in a lethality assessment are not admissible as evidence against the victim in any judicial proceeding and not discoverable in any litigation. Provides that the statewide domestic violence fatality review committee shall collect and analyze data concerning domestic violence lethality assessments. Makes conforming changes.
HB 1314 establishes a new procedural framework for individuals convicted of crimes to seek legal relief after their conviction. It creates specific steps for filing requests and court review, directly affecting people challenging their convictions or sentences. The bill does not change criminal laws but outlines how postconviction cases will be processed. This procedural change was introduced by Representative Ireland and referred to the Courts and Criminal Code committee.
Defines an "intelligent speed assistance device" as an aftermarket device that uses technology to limit the speed of a motor vehicle to not more than the speed limit of the area being traveled. Allows a court to require a person who has been convicted of a crime for which the operation of a motor vehicle is an element of the offense to use an intelligent speed assistance device. Requires the court to notify the bureau of motor vehicles (bureau) if an order is issued requiring the use of an intelligent speed assistance device and for the bureau to send a notice to the individual subject to the court order. Makes it a Class B misdemeanor to tamper with, or solicit another person to tamper with, an intelligent speed assistance device. Permits the bureau to establish rules related to the use of intelligent speed assistance devices and to approve vendors of intelligent speed assistance devices.
Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits a Class A misdemeanor. Specifies defenses. Requires a court to issue an order, upon entry of a judgment of conviction for domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm; (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any license or permit to carry a handgun (license) owned or possessed by the defendant; and (3) requires confiscation, within 72 hours, of any firearm or license owned or possessed by the defendant. Provides that a domestic batterer who knowingly or intentionally fails to surrender a certain firearm or license commits a Class A misdemeanor, enhanced to a Level 6 felony in specific instances. Provides defenses. Specifies how a confiscated firearm or license shall be returned or disposed of if a person's right to possess a firearm is restored.
Allows an individual's spouse, legal guardian, friend, relative, or medical service provider to petition a court for involuntary substance use disorder treatment. Requires a petition to include certain information and allows a court to dismiss a petition, without prejudice, if it does not contain the required information. Requires the court to appoint a public defender if the individual subject to a petition seeking involuntary substance use disorder treatment is not represented by an attorney. Requires a court to order the individual to be evaluated by a medical provider if the court finds that: (1) the individual has a substance use disorder; (2) because of the individual's substance use disorder, the individual is experiencing impaired judgment and is unable to independently maintain the individual's activities of daily living or is a danger to self or others; and (3) the individual refuses to voluntarily participate in substance use disorder treatment. Allows a court to order a local law enforcement agency to consider whether an individual meets the criteria for emergency detention under certain circumstances. Requires a medical provider who completes an evaluation concerning an individual's need for substance use disorder treatment to submit the evaluation to the court. Specifies that after receiving an evaluation from a medical provider, the court may dismiss the petition or set a hearing for further evidence to be presented about the individual's need for substance use disorder treatment. Requires a court to order involuntary outpatient substance use disorder treatment for a period, not to exceed 90 days, if medical evidence supports that the individual requires immediate treatment for a substance use disorder and the individual has refused treatment.
Amends the definition of "domestic or family violence" to include additional acts or behaviors that are not necessarily physical. Prohibits a court from returning certain children to the child's parent, guardian, or custodian unless appropriate safety conditions are ordered. Requires the office of judicial administration to develop a training program, which must include certain topics relating to domestic or family violence. Makes technical and conforming changes.
