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Sponsor seeks to allow warrantless arrests for recent intimate‑partner violence even when parties do not reside together
Summary
Senate Bill 739 would expand warrantless arrest authority in domestic‑violence contexts to include persons who had an intimate relationship within the past year even if they do not currently reside together; sponsor said the change aims to close a gap that excludes certain intimate partners from immediate arrest protections.
Senate Bill 739 would amend domestic‑violence warrantless arrest provisions to permit officers to make warrantless arrests following alleged assaults where the parties had an intimate relationship within the prior year, even if they do not live together, sponsor Senator William Fulton told the Judicial Proceedings Committee on Feb. 26.
Fulton described the bill as a “cleanup” to ensure that the statutory category of persons eligible for relief includes intimate partners who do not share a residence such as former dating partners who remain vulnerable. He told the panel the proposed language would exclude routine roommates from being treated as intimate partners for warrantless arrest purposes.
Supporters said the change would help police act promptly in cases where the alleged offender might flee or destroy evidence and that it reflects the realities of non‑cohabiting intimate relationships. Senator Fulton said warrantless arrests remain constrained by requirements such as a police report within 48 hours and corroborating evidence of physical injury.
Opposition testimony came from the District Public Defender for the 5th District, who urged an unfavorable report. Public‑defense witnesses argued the bill lacks a clear statutory definition of “intimate relationship,” risking inconsistent applications by police and prosecutors; they said protections for victims who do not reside with alleged offenders already exist through protective‑order statutes and that expanding warrantless arrest authority could broaden the group subject to criminal arrest based on ambiguous factors.
Committee questions focused on statutory definitions and safeguards. The public‑defender witness noted potential conflict with existing General Assembly policy that provides resources assuming victims may have to leave their homes and depend economically on abusers; she warned broadening the statutory class could undercut those policy calculations.
No committee vote was recorded. The sponsor said he would take comments from stakeholders and work with the committee on draft language.
