View Amendment Current Amendment: 5 to Bill 3433 Rep. RUTHERFORD proposes the following Amendment No. 5 to H. 3433 (COUNCIL\MS\3433C005.MS.AHB15):

Reference is to Printer's Date 3/25/15-H.

Amend the bill, as and if amended, by deleting SECTION 14 in its entirety and inserting:

/ SECTION      14.      Section 16-25-70(A) and (B) of the 1976 Code, 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. Before an officer may make an arrest pursuant to this subsection, the recommendations of a domestic violence counselor must be received and taken into consideration. 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 documented 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 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], after line 15, by adding an appropriately numbered SECTION to read:

/ SECTION      __.      Article 1, Chapter 25, Title 16 of the 1976 Code is amended by adding:

     "Section 16-25-75.      (A)      Each law enforcement agency shall create an Office of Domestic Violence Assessment and Counseling. At least one domestic violence counselor and one domestic violence risk assessor, both of whom must be licensed pursuant to Chapters 55, 63, and 75, respectively, of Title 40 relating to licensed social workers, licensed counselors, and licensed psychologists must be employed by the office.
     (B)      A domestic violence counselor must accompany a law enforcement officer to the site of a domestic violence incident in order to assess and make recommendations to the law enforcement officer on whether or not an arrest should be made pursuant to Section 16-25-70(A). Communication between the domestic violence counselor and the victim and the person alleged to have committed a domestic violence offense is privileged and may not be used as evidence in a court of law.
     (C)      When a person is arrested for a domestic violence offense before a bond hearing may be held, a risk assessment must be performed by a domestic violence risk assessor to determine a person's probability of recidivism. When determining bond, the court must take into consideration the risk assessor's report." /

Renumber sections to conform.
Amend title to conform.