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bills
All criminal justice bills
Removes language concerning an affidavit from provisions concerning probable cause for battery and domestic battery. Requires a law enforcement officer to provide a victim who requests a protection order with the required forms and appropriate assistance in completing and filing the forms.
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.
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.
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.
Codifies the Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act. Provides procedures for enforcement of a Canadian domestic violence protection order (protection order) by a law enforcement officer and the court. Provides that a protection order may be registered in Indiana.