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Committee amends and advances bill raising penalties for repeated violation of protection orders
Summary
House Bill 38, which would elevate certain third or subsequent violations of domestic violence protection orders to a class D felony, was amended and reported favorably after survivor testimony and committee discussion about enforcement gaps and serial abusers.
The Senate Judiciary Committee reported House Bill 38 favorably as amended by a Senate committee substitute, moving forward a measure that increases penalties for certain repeated violations of domestic violence orders of protection.
Representative James Tipton, the bill—s sponsor, said the legislation would raise the penalty for a third or subsequent conviction for violating an order of protection to a class D felony if the later violation involved the use or attempted use of physical force or a threat of physical harm, and if the repeated violations involved the same victim within a five-year period.
A survivor, Mary Ann Pratt, described repeated violations and persistent threats by her ex-husband, including physical assault, repeated contacts while an ankle monitor was imposed, and social-media threats. Pratt recounted being assaulted, fleeing her home, and later experiencing ongoing violations and threats during periods when her abuser was repeatedly released from jail.
Committee members discussed gaps in enforcement and the possibility that the system—s response had failed the survivor. Senator Thomas and others noted that serial abusers who victimize multiple people could evade the bill—s three-strikes structure as written because the measure focuses on repeat violations against the same victim. Chair Storm said the Attorney General's office had worked with staff and that language to address serial abusers is being contemplated as a Senate floor amendment.
The committee adopted a Senate committee substitute that adds a procedural provision allowing a petitioner to request to be excused from future court appearances. Senator Carroll and others asked questions about victims who initiate contact and how that interacts with enforcement. The committee then voted to report the bill favorably; Chair Storm said, —House bill 38 is reported favorably as amended by the Senate Committee substitute with the expression of opinion the same should pass.—
Members signaled intent to continue refining the bill—s scope on the floor, including language to better capture serial offenders who victimize multiple people.
The bill was advanced with the committee noting both the legislative change and the need for improved enforcement and possible future amendments.
