Amendment No. 69

 

Assembly Amendment to Assembly Bill No. 107                                                                (BDR 15‑285)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:               Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                       

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 2, line 8, by deleting “murder which” and inserting “murder,”.

     Amend section 1, page 2, by deleting lines 9 and 10 and inserting:

battery which involves the use”.

     Amend sec. 3, page 2, line 43, by deleting “1.” and inserting “[1.]”.

     Amend sec. 3, page 3, by deleting lines 1 through 19 and inserting:

“order. [If the violation is accompanied by a violent physical act by the adverse party against a person protected by the order, the court shall:

     (a) Impose upon the adverse party a fine of $1,000 or require him to perform a minimum of 200 hours of community service;

     (b) Sentence him to imprisonment for not fewer than 5 days nor more than 6 months;

     (c) Order him to reimburse the applicant, in an amount determined by the court, for all costs and attorney’s fees incurred by the applicant in seeking to enforce the temporary or extended order, and for all medical expenses of the applicant and any minor child incurred as a result of the violent physical act; and

     (d) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.

     2.  The adverse party shall comply with the order for reimbursement of the applicant before paying a fine imposed pursuant to this section.]”.

     Amend sec. 4, page 3, line 21, by deleting “1.” and inserting “[1.]”.

     Amend sec. 4, page 3, line 23, by deleting “(a)” and inserting “[(a)] 1.”.

     Amend sec. 4, page 3, line 25, by deleting “(b)” and inserting “[(b)] 2.”.

     Amend sec. 4, page 3, line 29, by deleting “subsection,” and inserting “[subsection,] section,”.

     Amend sec. 4, pages 3 and 4, by deleting lines 34 through 44 on page 3 and lines 1 through 8 on page 4, and inserting:

     “[2.  If the violation is accompanied by a violent physical act against a person protected by the order or injunction, the court shall:

     (a) Impose upon the person committing the act a fine of $1,000 or require him to perform a minimum of 200 hours of community service;

     (b) Sentence him to imprisonment for not fewer than 5 days nor more than 6 months;

     (c) Order him to reimburse the person obtaining the order or injunction, in an amount determined by the court, for all costs and attorney’s fees incurred by that person in seeking to enforce the order or injunction, and for all medical expenses of the person and any minor child incurred as a result of the violent physical act; and

     (d) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.

     3.  The person committing the violation shall comply with the order for reimbursement of the person obtaining the order or injunction before paying any fine imposed pursuant to this section.]”.