Cases Of Domestic Violence In Municipal Court
| Type | Bill |
|---|---|
| Session | 2023 Regular Session |
| Subjects |
Concerning the jurisdiction of municipal courts to hear domestic violence offenses.
Bill Summary:
Beginning January 1, 2024, the act requires a municipality that has a municipal ordinance that criminalizes an act of domestic violence to adopt an ordinance establishing:
- Protections and rights for victims, victims' families, and witnesses; sentencing guidelines; conditions of probation; conditions of release on bond; and guidelines and standards that are consistent with similar provisions for prosecuting an act of domestic violence in district court; and
- A requirement that the prosecuting attorney who initially meets with the victim after the charges are filed makes a reasonable effort to remain as the prosecuting attorney throughout the proceeding.
The act states that any case involving an alleged violation of a municipal ordinance that criminalizes an act of domestic violence is a misdemeanor for the purposes of complying with federal law.
The act authorizes any affected person to enforce compliance with the act by notifying the crime victim services advisory board of any noncompliance. If the board determines that the report of noncompliance has a basis in fact and cannot be resolved, the act requires the board to refer the report to the governor, who shall request that the attorney general file suit to enforce compliance.
Beginning January 2025 and each year thereafter until January 2029, the act requires the department of public safety to report during the department's "SMART Act" hearing the total number of reports and inquiries submitted to CBI, the CCIC database, and the NCIC database.
APPROVED by Governor May 25, 2023
EFFECTIVE January 1, 2024
NOTE: This act was passed without a safety clause.
(Note: This summary applies to this bill as enacted.)
Related Documents & Information
| Date | Version | Documents |
|---|---|---|
| 04/19/2023 | PA1 |
| Activity | Vote | Documents |
|---|---|---|
| Refer House Bill 23-1222 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. | The motion passed on a vote of 5-0. | Vote summary |
| Activity | Vote | Documents |
|---|---|---|
| Adopt amendment L.002 | The motion passed without objection. | Vote summary |
| Adopt amendment L.001 | The motion passed on a vote of 11-1. | Vote summary |
| Refer House Bill 23-1222, as amended, to the Committee of the Whole. | The motion passed on a vote of 11-1. | Vote summary |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 05/03/2023 | Third Reading | BILL |
34
AYE
1
NO
0
OTHER
|
Vote record |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 04/21/2023 | Third Reading | BILL |
56
AYE
4
NO
5
OTHER
|
Vote record |
| Date | Location | Action |
|---|---|---|
| 05/25/2023 | Governor | Governor Signed |
| 05/15/2023 | Governor | Sent to the Governor |
| 05/15/2023 | Senate | Signed by the President of the Senate |
| 05/12/2023 | House | Signed by the Speaker of the House |
| 05/03/2023 | Senate | Senate Third Reading Passed - No Amendments |
| 05/02/2023 | Senate | Senate Second Reading Special Order - Passed - No Amendments |
| 05/02/2023 | Senate | Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the Whole |
| 04/25/2023 | Senate | Introduced In Senate - Assigned to Judiciary |
| 04/21/2023 | House | House Third Reading Passed - No Amendments |
| 04/20/2023 | House | House Second Reading Special Order - Passed with Amendments - Committee |
| 04/18/2023 | House | House Committee on Judiciary Refer Amended to House Committee of the Whole |
| 03/01/2023 | House | Introduced In House - Assigned to Judiciary |
Prime Sponsor
Sponsor
Co-Sponsor
| Effective Date | Chapter # | Title | Documents |
|---|---|---|---|
| 01/01/2024 | 267 | Cases Of Domestic Violence In Municipal Court |