Reference is to Printer's Date 3/25/15-H.
Amend the bill, as and if amended, pages [3433-18] and [3433-19], by deleting SECTION 14 in its entirety, and inserting:
/ SECTION 14. Section 16-25-70(A) and (B), as last amended by Act 319 of 2008, is further amended to read:
" (A)
A law enforcement officer may arrest, with or
without a warrant, a person at the person's place of residence
or elsewhere if the officer has probable cause to believe that
the person is committing or has freshly committed a misdemeanor
or felony pursuant to the provisions of Section 16-25-20(A) or
(D), 16-25-65, or 16-25-125, even if the act did not take place
in the presence of the officer. The officer may, if necessary,
verify the existence of probable cause related to a violation
pursuant to the provisions of this chapter by telephone or radio
communication with the appropriate law enforcement agency. A law
enforcement agency must complete an investigation of an alleged
violation of this chapter even if the law enforcement agency was
not notified at the time the alleged violation occurred. The
investigation must be document on an incident report form which
must be maintained by the investigating agency. If an arrest
warrant is sought, the law enforcement agency must present the
results of the investigation and any other relevant evidence to
a magistrate who may issue an arrest warrant if probable cause
is established.
(B) A law enforcement
officer must may arrest, with or without
a warrant, a person at the person's place of residence or
elsewhere if physical manifestations of injury to the alleged
victim are present and the officer has probable cause to believe
that the person is committing or has freshly committed a
misdemeanor or felony under the provisions of Section
16-25-20(A) or (D), or 16-25-65 even if the act did not take
place in the presence of the officer. A law enforcement officer
is may not required to
make an arrest if he determines probable cause does not exist
after consideration of the factors set forth in subsection (D)
and observance that no physical manifestation of injury is
present. The officer may, if necessary, verify the existence of
an order of protection by telephone or radio communication with
the appropriate law enforcement agency."/
Amend the bill further, page [3433-19], lines 30 - 43, by deleting SECTION 16 in its entirety, and inserting:
/ SECTION 16. Section 17-22-90(7) of the 1976 Code is amended to read:
"(7) if the
offense is first offense criminal domestic
violence pursuant to Section 16-25-20, agree in writing to
successful completion of a batterer's treatment program
selected by the court and approved by the
Department of Social Services Circuit
Solicitor with jurisdiction over the offense or, if the offender
moves to a different circuit after entering a treatment program,
the Circuit Solicitor for the county in which the offender
resides. When referring a person to a batterer's
treatment program, a court may designate a program to be used
based on the court's experience with the program regarding
successful completion of the program and the level of
appropriate communication between the program and the court
regarding a person's attendance."/
Amend the bill further, SECTION 3, Section 16-25-20(D), page [3433-6], immediately after line 2, by adding an appropriately numbered item to read:
/ ( ) A first offense conviction of domestic violence in the third degree pursuant to this subsection may be expunged five years from the date of conviction. /
Renumber sections to conform.
Amend title to conform.