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Lawmakers debate using prior uncharged conduct to enhance domestic battery penalties; sponsor pulls bill for more work
Summary
A proposed change to allow proof of prior uncharged domestic violence to enhance a current domestic-battery charge drew sustained committee questions about evidence, prejudice and legal limits, and the sponsor withdrew the bill for revision.
Representative Kinden Underwood proposed changing how repeat domestic abuse is treated for sentencing by allowing prior conduct (not necessarily prior convictions) to be proved beyond a reasonable doubt and used to enhance a current domestic-battery charge.
Prosecutors and a witness described cases in which victims delayed reporting repeated violence and investigators later found photographic, video and recorded evidence showing multiple prior incidents. Prosecutor Joshua Robinson told the committee that victims often delay…
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