05/06/1998 10:25 AM Senate HES

                                                                               
         HB 245 - DOM. VIOL. ASSAULTS;PRISONER CONTACTS                        
                                                                               
REPRESENTATIVE FRED DYSON, sponsor of HB 245, explained to                     
committee members that HB 245 does several things.  First, it                  
establishes presumptive sentences for repeat domestic violence                 
offenses.  Second, it prohibits contact between the victim and                 
perpetrator during the time between the arrest and arraignment.                
Third, it allows evidence of other sexual assaults or attempted                
sexual assaults be considered when prosecuting an attempt of sexual            
assault, and it unifies the common Rule 404 language.  Fourth, the             
bill creates the crime of "Unlawful Contact with a Crime Victim"               
which improves enforcement of restraining orders.  Finally, HB 245             
requires that anger management classes, ordered by the Court, be               
approved by the Department of Corrections.                                     
                                                                               
[RECORDING BEGINS]                                                             
                                                                               
SENATOR GREEN asked if the classes will be required to meet the                
batterer's program standard.                                                   
                                                                               
REPRESENTATIVE DYSON said they will.                                           
                                                                               
Number 064                                                                     
                                                                               
JAYNE ANDREEN, Executive Director of the Council on Domestic                   
Violence and Sexual Assault (CDVSA), stated CDVSA supports HB 245.             
Regarding the provision that prohibits contact between the victim              
and perpetrator between the time of arrest and arraignment, that               
issue was brought to CDVSA's attention by a police officer.                    
Perpetrators are using their one phone call to contact the victim,             
sometimes before the police officer has left the scene of the crime            
and is still with the victim.  That behavior is part of the whole              
power and control cycle that takes place in domestic violence and              
it is important to give the victim the 12 hours until the time of              
arraignment at which time the judge can determine whether contact              
is permissible.  CDVSA supports the concept of increasing penalties            
for repeat domestic violence offenders who are convicted of fourth             
degree assault.  CDVSA also supports the concept of having                     
strengthened language that requires the courts only to use approved            
batterers' programs.  Because of the way the statute was drafted,              
the courts have not felt obligated to abide by that provision.                 
                                                                               
At 10:32 a.m., CHAIRMAN WILKEN announced Senator Leman left to                 
testify before the Senate Finance Committee, therefore the meeting             
would be recessed until his return.                                            
                                                                               
CHAIRMAN WILKEN reconvened the meeting at 11:00 a.m. and clarified             
that the committee was discussing CSHB 245(RLS)am.                             
                                                                               
SENATOR GREEN moved to delete Section 19 which begins on page 9 and            
ends on page 10, line 6.  There being no objection, the motion                 
carried.                                                                       
                                                                               
SENATOR GREEN moved SCSCSHB 245(HES) and its accompanying fiscal               
notes from committee with individual recommendations.  There being             
no objection, the motion carried.