No. HB 547
Filed under Criminal Justice.
Injunctions for Protection; Creates cause of action for injunction for protection in cases of serious violence by known person; specifies persons who have standing to file such injunction for protection in circuit court if specified conditions are met; prohibits clerk of court from assessing fee for filing of such injunction for protection; requires clerk of court to provide petitioner with certified copy of such injunction for protection; provides requirements for such petition for injunction for protection; provides requirements for temporary or final judgment on such injunction for protection; requires clerk of court to electronically transmit copies of specified documents within certain timeframe after court issues such injunction for protection; requires law enforcement officers to accept certified copy of such injunction for protection from petitioner & immediately serve it upon respondent; provides requirements for inclusion of such injunction for protection in specified statewide communication system; requires that respondent be held in custody if he or she is arrested for committing act of serious violence by known person in violation of injunction for protection until being brought before court.
Plain English Summary
AI-GENERATEDThe bill creates a new cause of action for an injunction for protection against serious violence by a known person. This expands the types of violence covered under the statute beyond existing categories.
It defines serious violence by a known person as an act of violence between individuals who are known to one another, when such violence causes serious bodily injury. This establishes the threshold for the new injunction.
The bill grants standing to file a petition to the victim or the parent/guardian of a minor child victim, provided the violence was reported to law enforcement and the petitioner is cooperating with criminal proceedings.
It prohibits the clerk of the court from assessing a filing fee for petitions seeking protection against serious violence by a known person, removing a financial barrier to access.
AICreates a new cause of action for an injunction for protection against serious violence by a known person, expanding the types of violence covered under the statute.
AIDefines serious violence by a known person as an act of violence between known individuals that causes serious bodily injury, establishing the threshold for the new injunction.
AIGrants standing to file a petition to the victim or the parent/guardian of a minor child victim, provided the violence was reported to law enforcement and the petitioner is cooperating with criminal proceedings.
AIIncreases the criminal penalty for stalking if the victim is protected by a new type of injunction.
AIProhibits the clerk of the court from assessing a filing fee for petitions seeking protection against serious violence by a known person, removing a financial barrier to access.
AIRequires that a respondent arrested for committing an act of serious violence by a known person in violation of an injunction must be held in custody until brought before the court.
AIMandates the inclusion of serious violence by a known person injunctions in the statewide verification system, ensuring law enforcement agencies can access injunction status information.
AIExtends the penalties for willfully violating a protective injunction to include injunctions for protection against serious violence by a known person.