1999 Domestic Violence, Stalking, and Sexual Assault Legislation State by State Analysis of 1999 Legislation
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Alabama |
Act 589 |
30-6-1 |
Expands definition of domestic violence in family law provisions to include dating or engagement relationships |
30-6-4, 5 |
Transfers educational and reporting duties from prosecutors to state Coalition on Domestic Violence |
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30-6-7 |
Creates privileged communication for oral communications between domestic violence victims and an advocate and for written reports and records concerning the victim except in child abuse cases |
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Act 572 |
15-20-20.1 et seq. |
Amends Community Notification Act providing additional procedures for community notification and extending the Act to juvenile offenders |
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Act 447 |
30-5-9 |
Increases penalties for second violation of a domestic violence protection order to require a minimum 30 day imprisonment; for a third or subsequent offense, 120 days minimum sentence |
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Alaska |
Ch 54 |
12.63.100 |
Amends sex offender registration law to require persons with out of state sex crime convictions to register in state and adds new subsection defining conviction to include convictions that were the subject of a pardon. |
Arizona |
Ch 305 |
13-3821 |
Provides for Department of Corrections coordination with local sheriffs in registering sex offenders upon release from prison.; requires sex offenders required to register in another state to register in Arizona where they are working in the state or are students for more than 14 days ; makes registration a lifetime requirement in certain instances |
13-3827 |
Requires the Department of Public Safety to annually verify the addresses of all persons required to register as sex offenders |
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13-4438, 31-281 |
Adds juvenile offenders to those persons required to submit DNA because of a sexual offense they had committed |
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Ch 92 |
13-1406, 13-1423 |
Increases penalties for sexual offenses committed with the use of a weapon |
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Ch 182 |
Provides funding for programs for domestic violence victims |
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Ch. 261 |
13-1204 A (12) |
Increases penalties for assault in violation of a protection order to those for aggravated assault, Class 6 felony |
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13-3827 |
Makes editorial changes to law establishing Internet web site for sex offender information and provides that violation of the requirement to provide information under this section must be wanton or willful to be criminal. |
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Requires the court to order fingerprinting of defendants charged with misdemeanor domestic assault if the defendant has not been previously fingerprinted |
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Ch 278 |
13-1415 |
Makes editorial changes to law requiring HIV testing of defendants and requires prosecutor to inform health agency of victim's name and address for notification purposes. Also provides for mandatory counseling of victim |
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Arkansas |
Act 51 |
5-73-309 |
Adds requirement for firearm license that applicant not be barred by federal, state, or local law from purchasing or possessing firearm. |
Act 1 |
12-12-903 et seq. |
Amends the sex and child offender registration act to include adjudicated juveniles; extends laws application to individuals convicted by tribal courts and convictions under other state laws where that law requires the offender to register in that other state. |
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Act 1551 |
9-15-205 |
Provides specific authority for court to include in protective order enjoining threatening and harassment of petitioner |
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9-15-206 |
Authorizes issuance of protective order where defendant is incarcerated and authorizes petitioner to fill with court without specifying address on all documents |
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Act 1353 |
12-12-903 et seq |
Amends sex offender registration act to include juvenile sex offenders and adds tribal court convictions to covered persons and establishes the Sex Offenders Assessment Committee in place of the Child Abuse/Rape/Domestic Violence Commission, with responsibility to develop an evaluation protocol |
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Act 1550 |
16-81-113(b) |
Makes editorial changes to definition of protected persons under definition of domestic violence. |
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Act 1365 |
5-26-303 |
Increases penalties for repeat domestic violence within past 5 years to felony level |
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California |
Ch. 580 |
Penal Code § 1050 |
Adds stalking to list of crimes where continuances may be granted if prosecutor has a conflict with another proceeding |
Ch 382 |
Penal Code § 1050 |
Adds stalking to list of crimes where continuances may be granted if prosecutor has a conflict with another proceeding |
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Ch. 660 |
Penal Code § 273.5 |
Increases penalties for repeat domestic battery within 7 years to a felony offense; expands categories of persons covered by domestic battery law to include former spouses, cohabitants, and former cohabitants; and provides that defendants who twice fail a batterer treatment program shall be sentenced to jail for a period no less than 90 days and not to exceed 1 year. |
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Ch. 561 |
Family Code § 6250-52, 6380 |
Authorizes court to issue protection orders against elder abuse under Domestic Violence Protection Act |
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Family Code § 6380 |
Deletes requirement that protection orders use Judicial Council forms for registration in Order System for orders covered by Full Faith and Credit |
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Penal Code § 273.6 |
Authorizes court to order as a condition of probation that defendant contribute to a shelter for abused elders or dependent adults in lieu of any fine. |
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Ch. 367 |
Penal Code § |
Permits court to authorizes holder of protective order to record any prohibited communications notwithstanding laws against wiretapping |
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Ch. 703 |
Penal Code § 1270.1 |
Prohibits release of defendants on bail without any court hearing where charge is intimidation a witness or victim or terroristic threat. The court is required to state on the record how it took into consideration any threats made by defendant where bail varies from bail schedule |
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Penal Code § 646.93 |
Requires sheriff to notify prosecutor incases where defendant charged with stalking is released on bail. The prosecutor shall give notice of bail hearing to victims, who have right to be present and heard by the court on bail.. Unless good cause shown, court shall issue protective order, violation of which shall result in a no-bail warrant. |
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Ch. 576 |
Penal Code § 290 |
Amends Sex Offender Registration Act to extend its requirements to persons attending school or temporarily working in the state and creates increases penalties for failure to provide proof of residence when registering |
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Penal Code § 4852.03 |
Extends period after which a Certificate of Rehabilitation can be obtained removing sex offender registration requirements from 7 to 10 years after release from custody |
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Ch 661 |
Civil Procedure Code § 527.6, 527.8; Family Code § 6380 |
Requires that Judicial Council adopt forms for state-wide use in issuing orders of protection. State court orders using only the Judicial Council forms shall be transmitted to the state registry |
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Family Code § 6380, Penal Code § 836 |
Makes technical and clarifying amendments to provisions providing for Full Faith and Credit to non-California court orders of protection |
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Welfare & Inst. Code § 213.5 |
Extends the period of time that an order of protection against a child declared a ward of the court will last from one to three years and provides that orders shall use forms developed by Judicial Council |
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Ch 662 |
Code Civil Procedure 185 |
Authorizes court to provide unofficial translations of court order and directs Judicial Council to develop multi-language forms |
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Family Code 6304 |
Court shall provide in-court notice to respondent in order hearing of firearms restrictions |
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Family Code 6389 |
Makes mandatory previously discretionary authority of court to limit firearm possession while protective order in effect |
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Family Code 6304 |
Expands court's contempt power for order violations to out of state orders |
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Penal Code 273.5 |
Increases the period of mandatory incarceration as part of a "split" probation sentence for repeat non-felony domestic violence |
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Penal Code 273.6 |
Provides criminal penalties for violation of out of state protective order |
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Penal Code 836 |
Provides for mandatory arrest where law enforcement has probable cause in violations of domestic violence protective orders |
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Penal Code 11163.3, .6 |
Makes changes in law establishing domestic violence death review |
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Penal Code 12021 |
Creates new misdemeanor crime of possession of firearm in violation of protective order |
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Family Code 6343 |
Restricts batterer intervention programs that defendant can be ordered to attend to those approved by probation department |
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Ch. 901 |
Penal Code § 290 |
Makes technical amendment to sex offender registration law providing penalties for juveniles that fail to register |
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Ch. 730 |
Penal Code § 290 |
Amends sex offender registration to require that registrant information include information about employer, but would not make this information public. |
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Ch 901 |
Penal Code 290 |
Amends sex offender registration law to make it applicable to juvenile offenders |
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Ch 730 |
Penal Code 290 |
Amends sex offender registration law to require offenders to register the name and address of their employer; update this information annually or when there is a change of employer; prohibits public dissemination of this information |
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Ch 1022 |
Family Code § 6228 |
Requires law enforcement to provide a copy of the domestic violence incident report without any fee to the victim of a domestic violence event within 2 to 5 days of any victim request |
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Ch 659 |
Family Code § 6240 |
Expands definition of peace officer to include members of state community college police departments for purposes of defining who may respond to domestic violence calls or receive training on domestic violence |
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Family Code § 646.91 |
Authorizes court to issue ex parte protection order against stalking when requested by member of community college police department |
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Family Code § 6250.5 |
Authorizes court to issue ex parte protection order against domestic violence when requested by member of community college police department |
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Penal Code § 12028.5 |
Authorizes court to issue emergency protective orders on request of community college police department member |
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Colorado |
Ch 110 |
16-11-101(b) |
Requires probation to include in presentence report the criminal history of a juvenile convicted of unlawful sexual behavior; requires court to consider this information in setting sentence. |
Ch. 286 |
18-3-412.5 |
Adds requirement for persons convicted in other states to register as sex offender where required in state of conviction to register and to persons convicted under federal law |
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16-11-104 |
Requires DNA testing of offenders sentenced to jail or community corrections facility for conviction of crime involving unlawful sexual behavior |
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16-11-204.3 |
Expands law requiring DNA testing of offenders as a condition of probation to persons receiving deferred judgements. |
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16-11-204.3 |
Amends sexual offender registration law to exclude persons receiving deferred judgement or whose conviction is based on facts that make up a covered crime |
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16-13-901 et seq. |
Authorizes community notification about sexually violent predators |
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Ch. 289 |
16-11-204.3 |
Amends requirements for DNA testing of offenders to include crimes of violence and burglary |
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17-2-201 |
Authorizes parole board to require DNA testing of offenders |
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Ch 157 |
13-14-101 et seq |
Consolidates civil restraining orders issued by municipal and district courts against assaults, domestic abuse, stalking, and emotional abuse of elderly into one order |
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13-6-104 |
Provides for concurrent jurisdiction in county courts to issue similar orders |
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Ch. 215 |
18-9-111 |
Makes editorial changes to stalking law. Increases penalty from Class 6 to Class 5 felony and Class 5 to Class 4 for second conviction; also authorizes enhanced sentencing. |
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18-18-405 |
Increases penalty for possession of flunitrazepam (date rape drug, AKA rohypnol). |
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18-3-412.5 |
Clarifies that sex offender registration law applies to sexually violent predators and that failure of these offenders to register is a crime. |
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Ch. 119 |
18-3-403 |
Expands crime of second degree sexual assault to cases where victim is 15 or 16 years old and the non-spouse actor is at least 10 years older. |
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Ch. 275 |
18-13-123 |
Makes possession of GHB (gamma hydroxybutyrate) and ketamine (date rape drugs) a crime |
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Ch. 291 |
26-7.5-102, 105 |
Amends statute establishing domestic abuse program fund |
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14-4-107 |
Establishes family violence justice fund for civil legal services to indigent victims of domestic violence |
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13-15-102 |
Eliminates newspaper publication requirements when a person changes his/her name if the person is a victim of a crime of domestic violence |
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Connecticut |
Act 186 |
New |
Requires court to designate cases as involving domestic violence for purposes of criminal record history information |
46b-38a; 46b-15 |
Adds persons in a dating relationship to the definition of family member for purposes of protective order issuance |
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46-38b |
Authorizes law enforcement to seize any firearms in plain view at any site where an arrest for domestic violence is made |
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54-64a; 54-69 |
Places procedural restrictions on bail in domestic violence cases |
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54-63d |
Prohibits police citation release of a person charged with domestic violence where the defendant used or threatened use of a firearm |
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New |
Authorizes registration of foreign protective orders |
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53a-40e |
Authorizes issuance of criminal protective order in domestic violence cases involving additional crimes or attempts to commit such crimes |
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53a-59a, 60b, 60c, 61a |
Provides enhanced penalties for assault of a pregnant woman |
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Act June 99-2 |
Establishes a committee to study credentialing of sexual offender treatment providers |
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New |
Establishes new procedure for serious juvenile sex offenders whose cases are not transferred to criminal court denoted serious juvenile sexual offender prosecution. |
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53a-40, 70, 72b |
Creates new sentencing structure for persistent dangerous sexual offenders comprised of incarceration and parole for life |
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Act 143 |
New |
Creates crimes of voyeurism and dissemination of voyeuristic material, involving the photographing or other imaging of another without consent and despite reasonable expectation of privacy |
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Act 183 |
54-102g; 54-250 et seq |
Reenacts and amends sexual offender registration act |
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Act 240 |
New |
Creates felony crime of witness intimidation, authorizes issuance of a protective order against witness harassment, and establishes a witness protection program |
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New |
Authorizes court to issue protective order against witness intimidation |
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Delaware |
Ch. 62 |
11 DCA 3906 |
Requires domestic violence offenders upon second conviction to receive a psychocial assessment |
HB 53 |
16 DCA 3110 |
Authorizes record sharing by the Department of Health and Social Services in support of the Sexual Predator Act |
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Ch. 61 |
11 DCA 1448 |
Prohibits persons subject to domestic violence orders of protection or convicted of certain domestic violence misdemeanors from purchasing or possessing firearms |
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11 DCA 1441 |
Petitioner with protection order granted may apply for firearm permit |
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Ch. 63 |
10 DCA 1046 (c); 11 DCA 1904(a)(5) |
Provides Full Faith and Credit to domestic violence court orders from other states |
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11 DCA 1271A |
Amends law relating to criminal contempt of a domestic violence protection order |
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Ch. 109 |
11 DCA 761 |
Rewrites definition of sexual conduct to remove ambiguity to clarify intent to criminalize sexual touching of sexual organs or parts |
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District of Columbia |
Act 13-9 |
24-1117 |
Amends Sex Offender Registration Act by adding authority for court to order mental examination for purposes of assessing risk |
Act 13-10, 13-55, 13-101 |
24-1110 |
Amend Sex Offender Registration Act provisions relating to notification of change of address |
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Act 13-133 |
Enacts Sex offender Registration Emergency Act of 1999, replacing 1996 Act |
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Florida |
Ch. 373 |
960.198 |
Authorizes crime victim compensation funds for relocation of victims of domestic violence |
Ch. 157 |
918.16 |
Mandates that court clear courtroom upon request of victim of a sex offense testifying in civil or criminal proceeding, except for specified parties |
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Ch 188 |
775.084 |
Enacts Three Strike law that applies to aggravated stalking offenses |
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Ch. 12 |
775.087 |
Increases penalty by one degree for specified crimes, including sexual battery and aggravated assault, when firearm used in commission of the crime |
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Ch. 193 |
921.0024 |
Mandates that the court use a sentencing multiplier when domestic violence occurs in presence of a child (use of multiplier was previously discretionary with court) |
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Georgia |
SB 105 |
42-1-12 |
Amends sexual offender registration law to provide for registration of persons convicted in another state and providing for hearing to allow challenge to application of law |
SB 113 |
16-5-20, 21, 23, 24 |
Provides enhanced penalties for domestic violence assaults |
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16-5-70 |
Adds to crime of cruelty to children new offense of intentionally committing domestic violence before a child under the age of 18. |
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Hawaii |
Act 95 |
353E-2 |
Requires agencies participating in statewide sex offender treatment program to provide upon request of another agency all relevant records of any offender receiving supervision or treatment |
Act 200 |
586-4 |
Amends laws authorizing temporary restraining orders to limit violations to knowing or intentional acts |
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586-11, 580-10 |
Persons convicted of knowing violation of a protective order are required to undergo domestic violence intervention and sets jail and fine penalties |
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Act 202 |
134-11 |
Excludes law enforcement officers convicted of domestic violence from exemption from laws regulating possession of firearms |
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Act 268 |
706-new |
Establishes as an aggravating factor in sentencing, the commission of domestic violence in presence of a child |
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Act 89 |
626-1 |
Amends rules of evidence in civil suits relating to victim's past behavior in sexual assault cases and other rules of evidence |
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Act 297 |
134-7 (f) |
Defines "good cause" for court to permit person convicted of domestic violence to have possession of firearm to include factors other than employment requirements |
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Act 244 |
706-606.5 (4) |
Provides for mandatory minimum sentence of 9 months for persons convicted of misdemeanor assault, terroristic threats, and sexual assault with 3 prior convictions. Persons convicted of 4th degree sexual assault under this provision shall be ordered to participate in sex offender assessment and may be ordered to a treatment program |
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Act 252 |
329-14(d)(17) |
Adds date rape drug gamma hydroxybutyrate to schedule precursor chemicals to schedules of regulated chemicals |
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Act 143 |
604-10.5 |
Provides that knowing violation of temporary restraining order against harassment is a misdemeanor and extends period of the order's effectiveness to 90 days |
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Act 278 |
711-new |
Establishes crime of violation of privacy involving unconsented observing, filming, or recording another person in state of undress as a Class C felony |
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Act 286 |
706-new |
Requires a person convicted three times previously of sexual assault to be sentenced to extended terms of imprisonment |
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Idaho |
Ch 330 |
39-6306A |
Provides for Full faith and credit to out-of-state protection orders |
Ch 380 |
18-8316 |
Makes discretionary with the court prior requirement for psychosexual evaluation of persons convicted of sex offenses |
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Ch 209 |
18-7006 |
Creates new misdemeanor offense of trespass of privacy |
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Ch 349 |
18-8303, 04 |
Amends sexual offender registration law to cover nonresident persons working in state or who are students, who is required to register in another state of conviction |
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Ch 302 |
18-8304, 07, 09 |
Clarifying amendments to state sexual offender registration law |
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18-8318 |
Requires indigent defendants for whom a psychosexual evaluation was done to pat the costs of the evaluation as a condition of sentence. |
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Ch 323 |
39-604 |
Requires testing for hepatitis C virus of all persons charged with crime where risk of transmission exists |
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Illinois |
Act 48 |
730 ILCS 150/2) and 3 |
Amends Sex Offender Registration Act to add convictions in foreign countries and juvenile sex offenders and increases the number of misdemeanor offenses covered by the Act; increases the period of registration from 10 years to life; requires students and temporary workers instate to register |
730 ILCS 150/4, 5, and 5-5 |
Adds requirement that persons covered by registration law must be informed of duty to register in any other student where they may be working or a student |
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Act 394 |
730 ILCS 150/3, 6 |
Amends Sex Offender Registration Act to add additional registration requirements relating to place)s) of employment |
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Act 221 |
730 ILCS 150/10 |
Amends Sex Offender Registration Act to increase penalties for knowingly providing false registry information |
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730 ILCS 152/120 |
Amends Sex Offender Registration Act to make information more accessible to public |
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Act 224 |
730 ILCS 150/8 |
Amends Sex Offender Registration Act to require photograph be included in registration materials |
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730 ILCS 152/115 |
Amends Sex Offender Registration Act to require State Police establish Internet site with registration information and authorizing State Police to require biographical information of persons seeking registry information from the Web |
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730 ILCS 152/120 |
Authorizes local law enforcement to publish pictures of registrants in local media where victim was 13 years or younger |
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Act 235 |
20 ILCS 4026/15 |
Amends Sex Offender Management Board Act to extend period within which Board must have developed policies and procedures to carry out its functions |
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Act 163 |
210 ILCS 85/6.01 |
Amends Hospital Licensing Act to require hospitals to meet new standards relating to domestic violence. |
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Act 112 |
720 ILCS 5/12-3.2, -30 |
Increases penalties for domestic violence battery and for order violations to felony where defendant has been convicted of specified crimes against the same victim, in addition to the previously specified domestic battery and order violations, including aggravated battery, stalking and unlawful restraint |
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Act 521 |
55 ILCS 5/3-3013 |
Requires coroner to investigate at the scene of the crime any deaths due to domestic violence and to report such deaths to the state police |
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Act 529 |
20 ILCS 3930/7.1 |
Establishes four pilot Sexual Assault Nurse Examiner projects in state to collect forensic evidence and other duties. Report on projects is due in 2 years |
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Act 494 |
New |
Enacts Confidentiality for Victims of Domestic Violence Act |
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Act 495 |
50 ILCS 705/6, 6.1 |
Amends Illinois Police Training Act to prohibit certification of applicants convicted of specified misdemeanors, including aggravated assault, harassment of witnesses, and minor sex offenses |
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Act 227 |
725 ILCS 207/15, 55, 65, 70 |
Amends Sexually Violent Persons Commitment Act authorizing civil commitment editorial changes and sets new requirements for commitment review |
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725 ILCS 207/45 |
Amends requirements for offender DNA testing. |
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Act 445 |
720 ILCS 5/12-3.3 |
Creates new crime of aggravated domestic battery as a Class 2 felony |
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725 ILCS 5/110-6.3 |
Adds aggravated domestic battery to list of prior crimes where court is authorized to deny bail t |
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725 ILCS 5/111-8 |
Adds aggravated domestic battery to list of crimes where prosecutor may request issuance of protective order from court |
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Act 404 |
720 ILCS 5/12-12-14 |
Adds to definition of aggravated criminal sexual assault, the possession or use of a firearm and providing enhanced penalties |
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720 ILCS 5/12-14.1 |
Adds to definition of predatory criminal sexual assault, the possession or use of a firearm and providing enhanced penalties |
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Act 262 |
720 ILCS 5/12-3.2; 730 ILCS 5/5-5-6 |
Provides that persons convicted of domestic battery are responsible for the costs of any counseling needed by child witness to the battery |
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Act 279 |
730 ILCS 5/5-8-1; 730 ILCS 5/5-8A-3 |
Provides enhanced penalties upon release from prison for persons convicted of sexual assault of a victim under the age of 18 where the offender has a prior conviction for sexual assault |
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Act 115 |
720 ILCS 5/11-9 |
Increases penalties for third or subsequent conviction for public indecency to a Class 4 felony |
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Act 116 |
720 ILCS 5/12-12 |
Amends definition of sexual conduct to include transfer or transmission of semen upon the victim or her clothes for purpose of sexual gratification |
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Indiana |
HEA 1592 |
5-2-12-11(b) |
Requires publication of sex offender registry on the Internet. |
35-50-2-14 |
Adds provision authorizing court to sentence repeat sex offenders to an additional term equal to the presumptive sentence for the underlying offense |
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35-38-2-2.2 |
Requires that probation conditions for sex crimes to include registration and a prohibition against living within 1000 feet of a school without approval of the court |
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11-13-3-4(g)(2) |
Requires the parole board to enforce registration requirements and to prohibit offender from residing within 1000 feet of school property without approval of board |
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HEA 1747 |
34-26-2-12 |
Authorizes court issuing a protective order to also order defendant to refrain from possessing a firearm for period of order and to notify state police of the order |
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35-42-2-1; 35-42-2-1.3 |
Increases penalty for first domestic violence conviction for battery involving bodily injury from Misdemeanor B to Misdemeanor A. Moves provision for Felony D for repeat domestic violence conviction to new section. Adds to new definition of domestic violence provision including touching of person who is living as if spouse,. |
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35-50-2-7(b)(2) |
Prohibits court from downgrading domestic violence as a Class D felony to a Class A misdemeanor. |
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SEA 165 |
35-47-4-5 |
Adds new section defining serious violent felon that includes felony battery, rape and stalking and bars offenders so classified from possessing a firearm |
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Iowa |
Wests No 61; HF 713 |
236.5 |
Authorizes extension of a one year order of protection after hearing. |
236.19 |
Limits authorization for registration of foreign protective orders with court to only permanent orders. |
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Wests No 26; HF 136 |
692A.1 |
Adds to list of crimes for which sex offender registration law applies |
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West's No. 64, SF 216 |
229A.2, .10, .12 |
Amends sexually violent predator law |
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Kansas |
Ch 138 |
21-4636 |
Prior stalking of victim to be a factor in determining if there are aggravating circumstances to crime for sentencing under guidelines |
Ch 71 |
59-29a06 |
Amends sexual predator civil commitment law to provide for 12 persons jury trials unless both parties agree to fewer jurors |
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Ch. 159 |
20-302b |
Divests district court of jurisdiction to hear domestic violence protection proceedings |
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Ch. 164 |
21-2511 |
Amends language of law defining who must provide blood and saliva samples for DNA analysis |
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Ch 140 |
59-29a01 et seq |
Amends civil commitment of sexually violent predators act |
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21-3520 |
Amends definition of unlawful sexual relations crime and widens the definition of persons covered by custodial sexual relations crime |
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22-4902 et seq |
Amends sex offender registration act |
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Kentucky |
Not in session |
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Louisiana |
Act 1150 |
15:542 |
Amend sex offender registration law to shorten the period within which registration must be accomplished |
Act 594 |
15:542.1 |
Amends sex offender registration law to add new classes of persons required to register, including residents convicted of federal sex crimes and temporary workers and students required to register under another state's laws. State registrants are also required to register in another state where they are located if that state has a registration law |
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Act 1194 |
Provides penalties for possession of GHB date rape drug |
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Act 930 |
15:542 |
Adds requirement for sex offender photo to be published in local newspapers as part of notice to community requirement |
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Act 1209 |
15:536 |
Defines serial sex offender as person with 2 prior convictions and prohibits diminution of sentence for good behavior and sentenced to life imprisonment without parole |
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Act 525 |
15:538 |
Chemical castration for probationers may be ordered by a qualified medical staff |
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Act 957 |
14:40.2 |
Authorizes court to provide notice of stalking conviction to employer |
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Act 963 |
14:40.2 |
Increases age where enhanced penalty for stalking of a minor to under age 18 from previous 12 years of age |
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15.571.3 |
Authorizes court to prohibit diminution of sentence for conviction of sex crime through good time or other credits |
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Code Crim Procedure Art 335.1 |
Requires court in determining pretrial release for defendant charged with stalking to consider threat or danger to victim |
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Act 1157 |
Code Crim. Procedure Art 895(L) |
Probation orders in domestic violence cases may include payment in amount not to exceed $100 for family violence program in addition to any costs of program attendance |
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Act 213 |
42:2136 |
Authorizes information from protective order registry to be made available to the Department of Social Services, office of family support, support enforcement services |
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Act 659 |
14:79 |
Defines protective order violation to include willful disobedience of criminal stay-away order and conditions of probation or parole for a stay-away. |
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Act 1200 |
14:79 |
Adds violation of criminal court protective orders to law making violation of protective orders a crime |
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46:2132 |
Revises definition of persons protected by protective orders to include household members of the opposite sex residing or formerly residing in the same household |
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46:2136 |
Extends period during which protective order is effective from six to eighteen months |
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Act 1336 |
46:2135(I) |
Authorizes use of hearing officer to try petitions for temporary restraining orders |
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Code of Civil Proc. Art. 3604 |
Provides that temporary restraining orders issued by hearing officer remain in effect 15 days or until the judge signs the order, whichever occurs last |
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Resolution |
Suspends provisions of law for establishing Detection of Sexual and Violent Offenders Law (DNA) until crime laboratory is funded and operational |
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Act 979 |
15:1229 |
Creates automatic victim notification system |
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Maine |
Ch 492 |
17-A MRSA 1202 |
Increases the length of probation for persons convicted of domestic violence to 2 years or completion of batterer intervention program |
Ch 451 |
16 MRSA 631 |
Adds protective orders to information available through state criminal justice information system |
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Ch. 434 |
17 MRSA 402-A |
Creates crime of aggravated trespass where person enter building with intent to commit assault, stalking, or threaten another or commit a sex crime. |
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Ch 437 |
43-A MRSA 11201 et seq |
Enacts new Sex Offender Registration and Notification Act |
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Ch 435 |
26 MRSA 850 |
Requires employers to provide leave for specified crime victims from work to attend court, receive medical treatment, or obtain services to remedy crisis caused by domestic violence, sexual assault, or stalking |
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Ch. 369 |
16 MRSA 53-C |
Provides for privileged communication for communications between advocates and victims or family of victims of crime involving of domestic violence, sexual assault, or serious trauma or financial loss |
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Ch 67 |
19-A MRSA 4006 |
Requires court officers to serve notice of issuance of court order of protection upon criminal defendants where no law enforcement officer available in the court |
|
Maryland |
Ch 490 |
Art 88B § 12A |
Adding specified violent crimes to those required to provide DNA samples to State Police and providing that probationers who fail to provide such a sample a guilty of probation violation |
Ch 402 |
Art 27 § 792 |
Authorizing Internet posting of sex offender registration information |
|
Ch 449 |
Family Low Code 4-505 |
Authorizing court in granting petition for protective order to include provision ordering respondent to stay away from child care provider while child of victim is in such care |
|
Ch 403 |
Art 27 § 616 1/2 (N) |
Prohibiting bail commissioner to order release of defendant charged with violating provisions of ex parte protective order against further domestic abuse, but authorizing judge to allow pretrial release after hearing where court is assured that defendant will not flee nor presents a danger to another person |
|
Ch 404 |
Courts & Jud. Proceedings 3-1501 |
Authorizes issuance of protective order to any person who alleges commission of a crime, except persons covered by Family Court Article (e.g., dating relationships) and further authorizes striking of petitioner's address if warranted from court documents. False information on a petition is a misdemeanor |
|
Courts & Jud. Proceedings 3-1508 |
Violation of the non-domestic violence protective order is a misdemeanor offense for which a law enforcement officer is required to arrest and take into custody |
||
Ch 317 |
Art 27 § 792 |
Reenacting sex offender registration law to add students and temporary workers in state required to register in another state to register in Maryland, specifying that information required to be provided with registration etc. |
|
Massachusetts |
Ch 74 |
178C to 178P |
Reenacts sex offender registry law and providing for civil commitment and community parole supervision for life |
Michigan |
Act 88 |
MCL 257.307 |
Amends motor vehicle law to require license applicants to have a photograph image part of the license when required by the Sex Offenders Registration Act to have an identifying license |
Act 31 |
MCL 28.722 et seq |
Amends sex offender registration act to comply with federal requirements |
|
Act 76 |
New |
Prohibits use of citations in lieu of arrest in domestic violence incidents |
|
Act 39, Act 32 |
MCL 750.145d |
Prohibits use of the Internet or a computer system to communicate for purposes of stalking a minor |
|
Act 85 |
MCL 28.722-.725, .727-.730 |
Amends Sex Offenders Registration Act to comply with federal act (42 USC 14071) |
|
Act 87 |
MCL 769.1 |
Adds provision authorizes judge to determine if crime not included in Sex Offenders Registration Act is in fact one that constitutes a sexual offense against a minor and require registration. |
|
Minnesota |
Ch 127 |
243.166 |
Prohibits court from modifying sex offender registration requirement. |
Ch. 216 |
Act Art. 2 § 27 |
Establishes Fatality Review Team pilot project |
|
590.01 |
Sets standards for post-conviction motions for DNA testing |
||
609.3461 |
Increases the crimes , conviction for which requires submission to DNA testing |
||
Act Art. 4 § 16 |
Requires study on supervision of sex offenders |
||
Ch. 233 |
243.166 |
Extends registration requirement for convicted sex offenders to persons charged in other jurisdictions, but found not guilty by reason of insanity and committed via civil order |
|
244.052 |
Mandates disclosure by local law enforcement to the public of information about Risk level II sex offenders, but authorizes nondisclosure where agency finds disclosure would harm public safety or if limited disclosure is needed to protect victim identity. |
||
Mississippi |
Ch. 434, 552 |
Sec. 1 |
Providing for Full Faith and Credit for out of state protective orders |
Ch. 552 |
97-3-7 |
Makes editorial changes to domestic violence assault law and makes permissive rather than mandatory upon the court the imposition of required attendance at counseling or treatment |
|
Ch. 504 |
99-3-7 |
Authorizes arrest without a warrant based upon probable cause for stalking involving present or past household members (domestic violence) |
|
Ch. 560 |
97-3-101 |
Reinstates felony penalty for sexual battery where defendant had position of trust over child victim |
|
99-37-25 |
Amends law providing for payment of initial medical examination of rape victim clarifying that county shall pay providers directly and that victims insurance coverage is not a secondary source of funds. Adds provision for victim reimbursement if the victim refuses to cooperate with the investigation or prosecution and clarifies that county payments do not cover other medical costs other than that conducted for procurement of evidence. Removes requirement that victim request testing of defendant for HIV or other sexually transmitted diseases before testing is authorized. |
||
Missouri |
HB 852 West No. 56 |
600.042.1 et seq |
Reenacts provisions relating to civil commitment if sexual offenders not in custody. |
HB 348 West No. 53 |
211.425.1 |
Adds juveniles to list of offenders covered by sex offender registration act |
|
HB 358, West No. 34 |
191.659, 191.663 |
Authorizes informing parents of unemancipated minor of results of HIV testing of criminal defendant |
|
Montana |
Ch 84 |
45-5-502; 45-5-503 |
Providing that persons incarcerated in state facilities can not consent to sexual relations with an employee of the facility; maximum imprisonment term of five years is set |
Ch 358 |
New |
Authorizing plea agreements that include sex offender registration in cases where registration would not otherwise apply |
|
Ch 227 |
46-23-502 |
Redefining sexual offense subject to sex offender registration to include consensual sexual relations between a victim under the age of 18 years and an offender three or more years older |
|
46-23-506 |
Removes eligibility for lifting of sex offender registration after 10 years for offenders convicted of sex crimes involving force, repeat offenses, or a victim under the age of 12 |
||
Ch 219 |
46-23-508 |
Providing that the address of a registered sex offender is public information which may be disseminated to the public where the offender is a Level 2 offender |
|
Ch 147 |
44-6-102 |
Adds juvenile offenders to those classes of persons required to submit DNA samples to the state registry |
|
44-6-103 |
Sets procedures for DNA sample collection |
||
46-18-202 |
Authorizing the court to order DNA sample submission in cases where plea brgain includes this provision, regardless of whether DNA sample would otherwise be required |
||
Ch 288 |
45-2-101 |
Revising definition of sexual contact to include touching through clothing for the purposes of causing injury or humiliation, sexual gratification of either party |
|
45-5-504 |
Redefines the crime of indecent exposure to include purposes of abuse, humiliation or sexual arousal or gratification of any person |
||
Ch 311 |
40-15-202 |
Authorizes a continuance in proceedings for good cause in cases involving a permanent order of protection |
|
40-15-301 |
Provides that jurisdiction lies in court holding hearing on protective order petition when petition for divorce is filed before hearing held |
||
Ch 386 |
25-1-201 |
Establishing the civil legal assistance for domestic violence victims account from family matter fees in district court |
|
Nebraska |
LB 131 |
28-1229 |
Forbids persons convicted of domestic violence or violating a stalking protective order to obtain permit to possess explosive materials |
LB 511 |
28-New |
Creates felony crime of sexual abuse of an inmate confined in a correctional institution or on parole by an employee of the department of corrections regardless of any consent given |
|
Nevada |
AB 339 |
33.[new] |
Creates position of master to hear order protection order cases |
33.17, .020; 33.080 |
Corrects difficulties in procedures that integrate temporary and extended orders of protection |
||
Ch 333 |
200.575 |
Increases penalties for aggravated stalking and second stalking conviction to 2 to 15 years |
|
481.[new] |
Requires peace officer certification training to include instruction on stalking |
||
Ch 310 |
176.0926; 179D.[new] |
Amends sex offender registration law to include nonresident students and workers |
|
176.135 |
Requires psychosexual evaluation of convicted sex offenders before probation sentence may be imposed |
||
179B.250 |
Authorizes use of a website on the Internet to provide public with information from sex offender registry |
||
Ch 442 |
62.170 |
Provides that a juvenile arrested for a domestic violence battery may not be released for 12 hours after being taken into custody. |
|
33.090 |
Provides for Full Faith and Credit to orders of protection issued by another state's courts |
||
New Hampshire |
Ch 240 |
173-B:4 |
Reenacts laws relating to issuance of temporary orders of protection for persons from domestic violence to include requirement that respondent surrender firearms and ammunition and is prohibited from their purchase during the period the order is effective; authorizing court to deny visitation based upon statutory criteria |
173-B:5 |
Reenacts law regarding issuance of permanent orders of protection, including new provisions barring court-ordered mediation; requiring defendant to pay reasonable attorney fees; barring mutual orders of protection; explicitly stating defendant from entering plaintiff's residence even at invitation and that such actions do not relieve peace officers of duty to enforce order; requiring administrative office of courts to enter information about protective orders into state database; establishing procedures for return of firearms and ammunition to defendant after order has expired |
||
173-B:9 |
Reenacts law regarding penalties for violation of a protective order, including new provisions barring reduction of charges; and providing enhanced penalties to upgrade any subsequent charges involving abuse following conviction for order violation |
||
173-B:10 |
Adds new duties for peace officers responding to domestic violence to assist victim in obtaining her property, transportation to hospital, shelter, counselor, and provide written notice of victim rights |
||
Ch 321 |
645:1; 321:2 |
Increases penalties for indecent exposure and makes offenders convicted three times of indecent exposure subject to registration as a sexual offender |
|
Ch 229 |
597:2; 597:6-eII |
Authorizes court to impose protective detention or electronic monitoring for persons charged with domestic violence, stalking or order violations where danger to victim is found; authorizes revocation of bail under similar conditions |
|
Ch 177 |
632-A:1 |
Redefines illegal sexual contact to include touching of genitals through clothing |
|
651-B:1 |
Adds crimes of computer pornography and luring child for sexual purposes by use of computer to list of crimes for which registration for life is mandated |
||
Ch 141 |
644:4 |
Amends definition of harassment to include electronic communication generated by computers |
|
Ch 89 |
None |
Establishes committee to investigate issues related to investigation, trials and sentencing of sex offenders |
|
New Jersey |
Ch. 47 |
2C:12-10 |
Deletes requirement for actual fear as element of stalking crime in lieu of requirement that defendant act knowingly that actions would place reasonable person in fear of bodily injury or death. |
Ch. 113 |
52:4B-9 |
Authorizes Victim Crime Compensation Board to set maximum rates for payment of medical costs, that shall be full payment for those services |
|
Ch 119 |
2C:25-33 |
Requires Administrative Office of the Courts to maintain statistical records of orders of protection, including specific restraints ordered and program attendance and to develop forms to be used to record pretrial release information |
|
2C:25-24 |
Amends police reporting on domestic violence calls to add information about the number of calls alleging domestic violence order violations and the number of arrests for order violation |
||
Ch 133 |
2C:35-3 |
Adds date rape drugs GHB and flunitrazepam to controlled substances listings |
|
Ch 73 |
2c:3-4 |
Modifies retreat doctrine in using deadly force in domestic violence cases by deleting retreat requirement where building is owned by the aggressor |
|
Ch 209 |
2C:11-3 |
Adds violation of domestic violence protective order as aggravating factor in homicide cases |
|
Ch 236 |
2C:25-27; 2C:25-29 |
Provides for enforcement of court order for batterer to attend counseling by prohibiting dissolution of any order containing a treatment requirement until proff is shown of completion of counseling attendance |
|
New Mexico |
Ch. 19 |
29-11A-1 et seq |
Amends sexual offender registration and notification act to expand the list of covered offenses to include persons convicted in other states and offenders convicted of solicitation or attempt to commit covered sex crimes; providing public access to information |
Ch. 48 |
40-13-6 |
Providing for Full Faith and Credit to court orders of other states |
|
Ch. 142 |
40-13-new |
Authorizes issuance of ex parte protection order upon request of law enforcement officer |
|
New York |
Ch 635 |
Penal Law 120.40-120.60 |
Creates new crime of stalking, providing for misdemeanor penalties for course of conduct knowing that it will result in harm or fear of harm against safety, mental health, or employment; multiple victimizations or prior victimizations of a single victim/family increase misdemeanor penalties. Use or threat of the use of a weapon, prior commission of a predicate crime in the past 5 years or stalking a minor under age 14 increases penalty to Felony 4. Stalking resulting in actual injury is a Class D Felony |
Ch 560 |
Executive Law 995 |
Amends law requiring DNA testing of designated offenders to include additional offenses |
|
S 3985 |
Domestic Relations Law 240.3, 252 (8)(9) |
Adds provisions requiring hearing on temporary orders of protection be held within one day of filing and authorizing court to order surrender of firearms as part of order |
|
North Carolina |
Law 363 |
14-208.6, .26 |
Amends sex offender registration requirements to add solicitation, conspiracy to commit a registerable offense and makes registration requirement discretionary with the court where the conviction is for aiding and abetting. |
Law 262 |
14-196 |
Adds electronic mail to law making it a misdemeanor to threaten communications by telephone |
|
14-277.1 |
Adds willful threat to destroy another's property to law making it a misdemeanor to threaten another in writing or otherwise |
||
Law 23 |
50B-3 |
Edits and rewrites law relating to entry of protection orders into registry to include modifications to the orders |
|
50B-4 |
Provides for Full Faith and Credit by law enforcement officers |
||
50B-4.1 |
Includes non-North Carolina orders under law making violation of protection order a misdemeanor |
||
50B-4.2 |
Creates new crime of false reporting that a non-North Carolina order is in effect |
||
North Dakota |
Ch 139 |
14-07.1-11 |
Extends period of time from 4 to 12 hours before an officer must obtain an arrest warrant rather than making a warrantless arrest for domestic violence |
Ch 136 |
14-07.1-01, 16 |
Adds sexual assault service agencies to the newly renamed Domestic Violence and Sexual Assault Prevention Fund |
|
Ch 138 |
14-07.1 |
Provides Full Faith and credit in recognition of foreign protective orders |
|
Ch 545 |
62.1-04-03 |
Bars a license for firearm possession by any person subject to federal restriction on firearm possession |
|
Ch 127 |
12.1-21 |
Creates felony crime of interference with 911 call |
|
Ch 665 |
Creates sexual offender sentencing study |
||
Ch 124 |
12.1-32-07 |
Authorizes court to impose as a condition of probation a bar to internet access |
|
12.1-17-07 |
Adds clarifying language that harassment may be accomplished by electronic communication |
||
Ch 137 |
14-07.1 |
Authorizes court to order payment of court costs when it finds false allegations of abuse have been made in domestic violence protection order proceeding |
|
Ch 131 |
12.1-32-15 |
Amends Sex Offender Registration Act to cover persons temporarily domiciled in state; to include juvenile offenders within the registration requirement; authorize court to order registration in cases not covered by Act but where court finds sexually predatory conduct; and provide for life time registration for specified offenders |
|
Ohio |
SB 9 |
2929.17, 2951.02 |
Adds sentencing provision authorizing court to order counseling in domestic violence cases |
2929.12, 2929.01, 29.29.22 |
Provides for court to consider in setting sentence whether domestic violence committed in vicinity of a minor, defined as within 30 feet |
||
HB 137 |
2903.211 |
Increases penalties for stalking to a felony where threat of physical harm is made, victim is a minor, weapon possession, violation of protective order and other factors, including a single repeat offense. Further adds clause that repeated interference with performance of public duty may constitute a pattern of conduct |
|
2919.26 |
Authorizes family or household member to file a petition on behalf of victim for criminal order of protection at bail hearing |
||
2921.31 |
Increases penalties for obstructing or delaying official business resulting in physical harm to a felony |
||
HB 329 |
|||
Oklahoma |
Ch 309 |
21 OS 644 |
Sets minimum sentence of 6 months for domestic violence committed in presence of child; second such offense requires sentence of no less than one year; presence of child defined as being able to see or hear |
21 OS 1111 |
Creates crime of rape where victim is under legal custody and perpetrator is governmental employee |
||
Act 97 |
22 OS 60.4 |
Sets limit of three years for duration of protective orders and requires court to notify parties of expiration date |
|
22 OS 60.11 |
Requires orders of protection to state duration limit and that violation of order can result in imprisonment for up to one year |
||
Ch 337 |
15 OS 776.1 |
Creates crime of false electronic communications, which misrepresents identifying information about message origin or contains information that is false, malicious or misleading and which injures a person |
|
Ch 336 |
57 OS 582 et seq |
Adds students and persons temporarily working in the state to those required to register under sex offender registration act.; sets procedural requirements; provides for registration reciprocity with other states |
|
Ch 417 |
22 OS 60.11 |
Requires that protective orders must provide notice that possession of a firearm while the order in effect may violate federal law even if the order does not specifically bar possession |
|
Ch 191 |
43A OS 3-313 |
Provides for confidentiality of information about victims of domestic violence and sexual abuse |
|
Oregon |
Act 943 |
Establishes Sexual Assault Victims Fund for grants to crisis centers and other service providers |
|
Act 949 |
163.305 |
Modifies definition of sexual assault to clarify that lack of verbal or physical resistance does not by itself signify consent by adding reference to threat resulting fear is a component of physical force |
|
40.210 |
Excludes evidence of reputation or opinion relating to victim dress in sexual assault cases |
||
Act 626 |
181.586 et seq |
Amends state sex offender registration law to expand category of offenders required to register; authorizes public dissemination of registry information by electronic and other means |
|
Act 115 |
166.090 |
Amends telephone harassment law to include calls made despite order from telephone owner not to make such calls |
|
Act 617 |
107.718 |
Authorizes court to include in a protective order payment of emergency monetary assistance and to bar entry into any subsequent residence the victim may have to move to; bar any telephone or mail contact |
|
135.250 |
Authorizes criminal court in setting release conditions to limit defendant's possession of firearms |
||
107.710 |
Establishes burden of proof on petitioner for protective order to be preponderance of the evidence |
||
Act 946 |
New |
Creates misdemeanor A crime if interfering with report of a crime |
|
Act 945 |
40.460 |
Modifies rules of evidence regarding hearsay in domestic violence cases that is made within 24 hours after the incident occurred and was recorded electronically or in writing or made to a peace officer, and has indicia of reliability; and statements about sexual abuse made by a child or person with developmental disabilities |
|
Act 1073 |
163.160 |
Increases penalty for simple assault to a Class C felony where defendant has been convicted three times previously of domestic violence not involving the same victim; adds provision making the commission of an assault witnessed by being otherwise perceived (e.g., heard) by the defendant's or victim's minor child also a Class C felony |
|
Act 869 |
163.305-.465 New |
Creates new misdemeanor crime of private indecency by exposure of one's genitals and makes this crime subject to sexual offender registration |
|
Act 967 |
135.139 |
Authorizes district attorney to request HIV testing of arrested suspects |
|
Act 924 |
New |
Provides that sexually violent offenders are subject to intensive supervision for entire term of probation or parole |
|
Act 163 |
New |
Establishes a post-prison lifetime sentence for persons found to be sexually violent dangerous offenders |
|
Act 250 |
New |
Provides for Full Faith and Credit for orders of protection issued by non-Oregon courts |
|
133.310 |
Mandates arrest when peace officer believes that the terms of a foreign order of protection have been violated |
||
Pennsylvania |
Act 59 |
18 PCSA 2706 |
Adds electronic communication to definition of terroristic threat |
18 PCSA 2709 |
Makes editorial changes in harassment law and adds to definition of a course of conduct, threatening or obscene words, language, drawings, or actions. |
||
18 PCSA |
Expands definition of harassment by communication to include electronic communications and other provisions; amends offense of stalking by communication or address and makes conviction for stalking where there has been a prior incident of violence such as domestic violence, a felony |
||
Rhode Island |
Ch 255 |
11-37.1-2 et seq |
Amends Sexual Offender Registration and Community Notification Act to include murder committed as part of a sex crime; requires nonresidents working in the state or students in the state to register when required to register in another state; requires in-person annual registration and if a recidivist to verify address on a quarterly basis for life |
11-37.1-12 |
Amends Sexual Offender Registration and Community Notification Act to provide for risk assessment by the Parole Board |
||
Ch 227 |
11-37.1-13, 14 |
Amends Sexual Offender Registration and Community Notification Act to include juvenile offenders under the act |
|
Ch 339 |
17-28-1 et seq |
Provides for address confidentiality for victims of domestic violence |
|
Ch 195 |
12-29-1.1-1 et seq |
Provides for Full Faith and Credit to protective orders issued by a court other than that of Rhode Island; deleting any registration requirement for enforcement; and further provides that orders issued by a state court state on their face that it complies with due process for Full Faith and Credit |
|
Ch 40 |
11-37.1-13 |
Amends Sexual Offender Registration and Community Notification Act provides for appeals of a community notification determination by juveniles subject to Family Court jurisdiction |
|
South Carolina |
Act 74 |
23-3-430(C) |
Adds sexual abuse of spouse as crime for which registration as sexual offender is required; adds sexual battery of patient or trainee as crime requiring registration |
Act 110 |
23-3-530 |
Requires State Law Enforcement Division to develop protocol manual for agencies' use in administering sex offender registry |
|
23-3-490 |
Requires sheriffs to provide a listing of local registry for publication in newspapers in area and to notify school officials of an offender living in nearby area |
||
Act 80 |
43-1-205 |
Requires batterer intervention programs receiving state funds to comply with state program standards |
|
South Dakota |
Act 174 |
34-20B-20 |
Adds date rape drugs GHB and flunitrazepam to Schedule of regulated drugs |
Act 127 |
23A-28C-4 |
Includes stalking in definition of violent crime under victim rights act |
|
Tennessee |
Ch 344 |
10-7-504; 36-3-604 |
Adds provision providing for protection of confidential information gathered by government agencies about victims of domestic violence who have valid orders of protection |
Ch 138 |
40-11-150 |
Requires law enforcement to arrest without a warrant based upon probable cause belief that defendant has violated order of release in domestic violence case; violation shall be punished as contempt of court |
|
Ch 128 |
40-11-150 |
Authorizes magistrate to delay release for up to 12 hours of defendant charged with domestic violence finds defendant is threat to victim; requires law enforcement to provide victim with information about nearest source of help |
|
Texas |
Ch. 27 |
Code Crim. Procedure, Art. 42.12 |
Adds provision authorizing judge to require persons convicted of domestic violence to make a payment not to exceed $100 to a family violence shelter in the local county. |
Ch. 1188 |
841.001 et seq |
Authorizes civil commitment of sexually violent predators |
|
Ch. 1415 |
Code Crim Procedure Art 26.13 |
Requires court to determine if defendant is aware of sex offender registration requirement before accepting plea |
|
CCP Art 42.05, 12 |
Restricts availability of community supervision sentence where defendant convicted of crime requiring sex offender registration |
||
CCP Art 62.011, 62.03, 62.061 |
Requires students and temporary workers in state to comply with state sex offender registration law |
||
CCP Art. 62.02 |
Requires persons required to register in Texas to register in any other state they may be in that has a sex offender registration law |
||
CCP Art 62.021 |
Requires persons required to report under another state's sex offender registration law to report under Texas law regardless of whether Texas law would otherwise require registration |
||
CCP Art 62.10 |
Increases penalties for failure to register as sex offender when required to do so |
||
Ch. 444 |
CCP Art 62.021 |
Amends sex offender registration law to require persons required to report under another state's sex offender registration law to report under Texas law regardless of whether Texas law would otherwise require registration |
|
CCP Art 62.0451, 62.061 |
Establishes procedures for providing notice of registration requirement and verification of sex offender registration information |
||
Ch 417 |
Penal Code § 22.021, 12.48; Crim. Proc. Code Art. 42.015 |
Creates new crime of using date rape drugs to facilitate commission of offense |
|
Ch 1234 |
Requires Department of Public Safety to work with Texas Council on Family Violence to develop standard format for protective orders |
||
Ch. 1557 |
CCP Art 62.035 |
Establishes risk assessment review committee to develop a sex offender screening tool to determine risk of persons subject to sex offender registration requirement |
|
CCP Art 62.04, 62.03 |
Specifies uses of risk assessment tool for sex offender classification |
||
CCP Art 62.045 |
Requires public notice be given to area residents when sex offender with risk level one is to live in area |
||
Ch. 553 |
CCP Art 42.01, 42.12 |
Establishes procedural burdens on court before placing sex offender on community supervision where victim younger tan 17 years of age |
|
CCP Art 62.02 |
Requires persons required to register as sex offenders in Texas to register in any other state they may be in that has a sex offender registration law |
||
CCP Art 62.03 |
Requires sex offenders being released from prison to be informed of registration requirements in Texas and other states |
||
CCP Art 62.011, .061 |
Requires students and temporary workers convicted of sex offenses in another state who are residing in state to register as sex offenders in the state |
||
Ch. 158 |
Penal Code 39.04 |
Expands the types of conduct that constitute criminal sexual behavior between inmates and correctional facility staff |
|
Ch. 389 |
CCP Art 5.08 |
Prohibits court ordered mediation in family violence cases |
|
Ch. 1341 |
CCP Art 17.291(b) |
Extends period of denial of bail from 4 hours to up to 48 hours where defendant is arrested for domestic violence and probable cause exists to believe violence will continue if released |
|
Ch. 1351 |
Family Code 6.602, 153.0071 |
Authorizes objection to mediation in divorce action on basis of domestic violence having occurred |
|
Ch. 709 |
Transportation Code 521.275 |
Authorizes Department of Transportation to issue new drivers license number on showing that person has been victim of domestic violence |
|
Ch. 1368 |
Government Code 411.150 (a) |
Expands requirement that juvenile offenders provide DNA samples to when they have convicted of a crime requiring registration as a sex offender |
|
Ch. 1401 |
CCP 42.016; CCP Art 62.065; Transport Code 521.057 |
Requires the Department of Public Safety to include in its driving license record information that license holder is subject to sex offender registration and to require offender to apply for such new license and establishes procedures for this information to be communicated to law enforcement officers |
|
Ch. 1412 |
CCP Art 17.292, 17.293 |
Authorizes issuance of criminal court protective order in domestic violence cases where serious bodily injury to victim occurred or weapon used or displayed and may suspend license to carry concealed weapon; order to sent to the Department of Public Safety |
|
Family Code 85.022; 85.042 |
Court may order suspension of license to carry concealed handgun as part of domestic violence protective order; order to sent to the Department of Public Safety |
||
Ch. 1102 |
Civil Practice & Remedies Code 81.010 |
Authorizes civil injunction action against state to force firing of mental health services provider for sexual acts with patient |
|
Ch. 1470 |
CCP Art 56.32(9) |
Authorizes compensation of victims fund to pay for relocation and housing rental assistance for victims of domestic violence |
|
Ch. 1050 |
Government Code 411.148 |
Specifying methods used for collecting DNA samples from offenders and authorizing use of force |
|
Ch. 910 |
CCP Art 42.12 |
Makes editorial and technical changes to authority of court to order persons convicted of domestic violence to attend batterer intervention programs where programs are available and meet state standards |
|
Ch. 1158 |
Penal Code 22.01 |
Increases penalty for domestic violence to third degree felony from jail felony for second offense against family member; defines second offense to include deferred adjudication |
|
Ch. 1160 |
Family Code 82.008; 82.0085 |
Extends grounds for renewal of expired order of protection where there is threatened harm that reasonably places victim in fear of imminent physical harm; similar grounds may be the basis for extending an order soon to expire |
|
Family Code 85.025 |
Extends duration of protective order from one to two years, excluding period of incarceration; authorizes subject of order to file objection to its continuance after one year |
||
Family Code 85.026 |
Requires that protective orders state on their face that it is unlawful for person subject to order to posses a firearm |
||
Ch. 150 |
Government Code 411.0098 |
Establishes a Sex Offender Compliance Unit to investigate and arrest individuals determined to have committed a sexually violent offense |
|
Utah |
Ch. 296 |
77-36-1.1 |
Makes discretionary formerly mandatory provision for enhancement penalty upon conviction of second domestic violence offense |
Ch. 54 |
77-36-2.7 |
Authorizes on a discretionary basis dismissal of domestic violence charges when requested by prosecutor and victim; prior law authorized dismissal on request of victim when judge found dismissal would benefit victim |
|
Ch 343 |
Creates Council on Sexual Victims and Offenders |
||
Ch 145 |
9-4-202(c), 1301 |
Authorizes Division of Community Development to assist in construction and improvement of domestic violence shelters |
|
Ch. 96 |
76-5-106.5 |
Adds violation of a stalking injunction to elements of stalking crime and increases level of crime from Class B misdemeanor to Class A misdemeanor. Second conviction for stalking is now a third degree felony from Class A misdemeanor Court is authorized to issue a permanent stalking injunction when it holds in abeyance any conviction or plea; violation of order is a third degree felony. |
|
Ch. 174 |
77-7-2 |
Authorizes police arrest without a warrant based upon probable cause in all Class A misdemeanor cases. |
|
Ch. 229 |
77-36-1 |
Includes disorderly conduct as domestic violence where plea agreement reached; excludes disorderly conduct misdemeanor from coverage of federal firearms law, 18 USC 921 |
|
Ch. 246 |
76-5-108; 77-36-2.4 |
Clarifies that knowing violation of an order is equal to intentional violation in determining guilt |
|
Vermont |
None |
||
Virginia |
Ch 807 |
16.1-253.4; 18.2-57.2; 19.2-81.3 |
Permits court to use its discretion in issuing emergency protective order where defendant charged with domestic violence is a minor |
Ch 721 |
16.1-228; 18.2-57.2 |
Revises definition of family member (other than spouse or ex-spouse) for purposes of domestic violence to delete requirement that persons live or have lived in the same home |
|
Ch. 963 |
19.2-151 |
Provides that defendants convicted of a first domestic violence offense may be placed on probation and charges dismissed upon successful completion, but that conviction remains in subsequent proceedings |
|
Ch. 367 |
18.2-6118.2-67.1; 67.2, |
Amends rape laws to broaden its scope in spousal cases to where bodily injury occurred rather than former requirement of serious physical injury |
|
18.2-67.2:1 |
Amends spousal rape law to include intimidation against spouse or another person, in addition to force or threats of force |
||
Ch 630 |
54.1-3605 |
Removes sunset clause on provisions regulating certification of sex offender treatment providers |
|
Ch 801 |
19.2-298.1 |
Requires Virginia residents or persons convicted in Virginia of Mann Act violation to register as a sex offender |
|
Ch 662 |
19.2-298.1 |
Requires probation or parole officers to notify State Police whenever probationer/parolee changes his/her address under sex offender registration act |
|
Ch 845 |
18.2-472.1, 19.2-298.1 |
Requires registration as sex offender of persons temporarily residing instate if required to register in home state and expands offenses for which registration is required |
|
Ch 946 |
37.1-70.1 |
Authorizes civil commitment of persons convicted of violent sex offenses and found unrestorable, incompetent, and likely to commit future offenses |
|
Ch 371 |
19.2-152.8, .152.9, 152.10 |
Specifies that stalking protection order may specifically prohibit contact of any kind with victim or victim's family |
|
Ch 665 |
16.1-228 |
Redefines family abuse crime to include threats |
|
Ch 849 |
32.1-283.2 |
Authorizes local jurisdictions to establish death review teams in fatal family incidents and requires Chief Medical Examiner to develop a model protocol |
|
Ch 54 |
16.1-260 |
Requires juvenile intake officer to accept and file petition for protective order when family abuse is alleged |
|
Washington |
Ch 6 |
9A.44.130 |
Amends sex offender registration act to include persons without a fixed address and prohibits registrants from changing their name if the change would interfere with law enforcement interests |
Ch 184 |
26-New; 10.31.100(2)(b) |
Provides for Full Faith and Credit to non-Washington state protection orders |
|
Ch 397 |
New |
Provides for pilot family court project |
|
Ch 45 |
9A.44.New |
Creates crime of custodial sexual misconduct for employees of correctional agencies |
|
Ch 72 |
13.40.New |
Provides for administrative actions when custodial misconduct is alleged |
|
Ch 351 |
9.94A.040 |
Adds stalking and violation of domestic violence protection orders to list of crimes under Level IV of sentencing guidelines |
|
Amends sexual offender registration law to provide that knowing failure to register or to move without notifying sheriff is a Class C felony where felony kidnapping was a crime of conviction |
|||
Ch 329 |
43.43.754 |
Expands the class of offenders who must have blood sample drawn for DNA databank |
|
Ch 326 |
40.14.060, .070; |
Amends laws regulating the retention of records pertaining to sexually violent offenses |
|
Ch 170 |
10.14.150 |
Authorizes district court to transfer civil antiharassment cases to superior court in specified instances |
|
Ch 147 |
26.50.150, 9.94A.120 |
Authorizes sentencing court to order batterers to attend treatment that includes education regarding the effects of domestic violence on children where perpetrator or victim has a minor child |
|
Ch 53 |
40.24.070 |
Provides for confidentiality of records pertaining to victim of domestic violence or sexual assault participation in programs |
|
Ch. 27 |
9A.46.020, .110; 10.14.020 |
Amends harassment and stalking laws to include acts involving electronic communication |
|
West Virginia |
SB 643 |
61-8B-16 |
Amends law providing for state payment for costs of forensic medical examination in sexual offense cases |
SB 2003, SB 705 |
48-2C-4c |
Establishes domestic violence legal services fund |
|
SB 2003 |
48-2A-6 |
Provides for $25 assessment fee against persons subject to protective order, payable to family court fund and other technical changes in authority of court to issue orders of protection |
|
HB 2871 |
15-12-1 et seq |
Adds new Sex Offender Registration Act |
|
Wisconsin |
Act 21 |
961.14(5)(ag) |
Makes editorial changes to law prohibiting possession of date rape drug gamma-hydroxybutyric acid |
Wyoming |
Act 133 |
7-19-301, 302, 303, 304 |
Amends Sexually Violent Offenders Registration Act by adding new class of offenders required to register and changing registration and notification provisions |
Act 93 |
9-1-638 |
Authorizes Division of Victim Services to administer state program of shelter services to victims of domestic abuse and sexual assault |
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