HB 1038 IN

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Provides that if a court denies a request for an arrest warrant involving a crime of domestic violence, a prosecuting attorney may petition the court to hold an ex parte hearing to present additional evidence to establish probable cause. Requires a court to set the ex parte hearing within 24 hours after the petition is filed. Provides that if a court denies a request for an arrest warrant after the ex parte hearing and issues a summons for the defendant, certain notice of the summons to the victim is required. Requires the service of summons on a defendant concerning an alleged crime of domestic violence to be served by a law enforcement officer. Requires a bail hearing if a person is charged with a crime of domestic violence. Enhances the penalty for invasion of privacy to a Level 6 felony if a person violates a no contact order that was issued as a condition of probation or a bond. Enhances the penalty for domestic battery to a Level 6 felony if a person has a previous unrelated conviction of domestic battery. Provides that bail must be revoked for a defendant charged with a crime of domestic violence who violates a no contact order while on bail and who is subsequently charged with invasion of privacy or a subsequent crime of domestic violence.

• Karen Engleman Republican · author

1. Jan 4, 2022 Coauthored by Representative Payne · lower
2. Jan 4, 2022 Authored by Representative Engleman · lower
3. Jan 4, 2022 First reading: referred to Committee on Courts and Criminal Code · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Introduced House Bill (H) · Dec 30, 2021 · PDF