04/24/2002 01:36 PM Senate HES

          HB 348-VIOLATION OF A DOMESTIC VIOLENCE ORDER                                                                     
                                                                                                                                
REPRESENTATIVE  ERIC CROFT, sponsor  of HB  348, said the  measure                                                              
corrects a judicial decision made  in 2001 regarding what standard                                                              
of proof  is necessary to prosecute  a violation of  a restraining                                                              
order. The court decision has made  it very difficult to prosecute                                                              
those cases as the prosecutor has  to prove what "is in somebody's                                                              
head." He  said the  standard being asserted  in HB 348,  reckless                                                              
disregard for the  violation standard, is the  proper mental state                                                              
and one that allows these prosecutions  to continue without asking                                                              
the prosecutors to do an impossible task.                                                                                       
                                                                                                                                
CHAIRWOMAN  GREEN  reminded  members  that  HB 348  has  a  Senate                                                              
Judiciary Committee referral where that issue can be addressed.                                                                 
                                                                                                                                
MS.  ANNE  CARPENETI, Assistant  Attorney  General,  informed  the                                                              
committee that  the Department of Law  supports HB 348 as  it will                                                              
help the  department prosecute cases  of violations  of protective                                                              
orders.                                                                                                                         
                                                                                                                                
SENATOR  WARD   moved  HB  348  from  committee   with  individual                                                              
recommendations. There being no objection, the motion carried.