HB 1038

Bill Subjects

Abuse Generally Bail And Bail Bondsmen Crimes And Offenses Generally Warrants

Abstract

Provides that if a court denies a request for an arrest warrant involving a crime of domestic violence, a prosecuting attorney may petition the court to hold an ex parte hearing to present additional evidence to establish probable cause. Requires a court to set the ex parte hearing within 24 hours after the petition is filed. Provides that if a court denies a request for an arrest warrant after the ex parte hearing and issues a summons for the defendant, certain notice of the summons to the victim is required. Requires the service of summons on a defendant concerning an alleged crime of domestic violence to be served by a law enforcement officer. Requires a bail hearing if a person is charged with a crime of domestic violence. Enhances the penalty for invasion of privacy to a Level 6 felony if a person violates a no contact order that was issued as a condition of probation or a bond. Enhances the penalty for domestic battery to a Level 6 felony if a person has a previous unrelated conviction of domestic battery. Provides that bail must be revoked for a defendant charged with a crime of domestic violence who violates a no contact order while on bail and who is subsequently charged with invasion of privacy or a subsequent crime of domestic violence.