Reference is to Printer's Date 3/25/15-H.
Amend the bill, as and if amended, by deleting SECTION 4 in its entirety and inserting:
/ SECTION 4. Section
16-25-65 of the 1976 Code, as last amended by Act 166 of 2005,
is further amended to read:
"Section 16-25-65.
(A) A person who violates Section
16-25-20(A) is guilty of the offense of
criminal domestic violence of a high and
aggravated nature when one of the following occurs. The person
commits:
(1)
an assault and battery which involves the use of a
deadly weapon or results in serious bodily injury to the
victim commits the offense under circumstances
manifesting extreme indifference to the value of human life and
great bodily injury to the victim results;
or
(2)
an assault, with or without an accompanying
battery, which would reasonably cause a person to fear imminent
serious bodily injury or death. commits the offense,
with or without an accompanying battery and under circumstances
manifesting extreme indifference to the value of human life, and
would reasonably cause a person to fear imminent great bodily
injury or death; or
(3)
violates a protection order and, in the process
of violating the order, commits domestic violence in the first
degree.
(B) A person who
violates subsection (A) is guilty of a felony and, upon
conviction, must be imprisoned not less than a mandatory
minimum of one year nor more than ten years. The court may
suspend the imposition or execution of all or part of the
sentence, except the one-year mandatory minimum sentence, and
place the offender on probation conditioned upon the offender
completing, to the satisfaction of the court, a program designed
to treat batterers offered through a government agency,
nonprofit organization, or private provider approved by the
Department of Social Services. The offender must pay a
reasonable fee for participation in the treatment program, but
no person may be denied treatment due to inability to pay. If
the offender suffers from a substance abuse problem, the judge
may order, or the batterer treatment program may refer, the
offender to supplemental treatment coordinated through the
Department of Alcohol and Other Drug Abuse Services with the
local alcohol and drug treatment authorities pursuant to Section
61-12-20. The offender must pay a reasonable fee for
participation in the substance abuse treatment program, but no
person may be denied treatment due to inability to pay
for not more than twenty years.
(C) The provisions of
subsection (A) create a statutory offense of
criminal domestic violence of a high and
aggravated nature and must not be construed to codify the common
law crime of assault and battery of a high and aggravated
nature.
(D)
Circumstances manifesting extreme indifference to the
value of human life include, but are not limited to, the
following:
(1)
using a deadly weapon;
(2)
intentionally impeding the normal breathing or
circulation of the blood of a household member by applying
pressure to the throat or neck or by obstructing the nose or
mouth of a household member and thereby causing stupor or loss
of consciousness for any period of time;
(3)
committing the offense in the presence of a
minor;
(4)
committing the offense against a person he knew,
or should have known, to be pregnant;
(5)
committing the offense during the commission of
a robbery, burglary, kidnapping, or theft; or
(6)
using physical force against another to block
that person's access to any cell phone, telephone, or electronic
communication device with the purpose of preventing,
obstructing, or interfering with:
(a)
the report of any criminal offense, bodily
injury, or property damage to a law enforcement agency; or
(b)
a request for an ambulance or emergency medical
assistance to any law enforcement agency or emergency medical
provider.
(E)
Notwithstanding any other provision of law, the judge
may provide, as a condition of bond, that an offender who
violates the provisions of this section may not ship, transport,
possess, or receive a firearm or ammunition while the offender
is under bond." /
Renumber sections to conform.
Amend title to conform.