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.