1088C

On page 1, line 1, of the Introduced bill, after "order" insert " and to revise certain provisions regarding protection orders"

On page 1, line 6, of the Introduced bill, after "person " delete "to be "

On page 1, line 7, of the Introduced bill, delete "any " and insert "the acts constituting a "

On page 1, line 7, of the Introduced bill, delete "constitutes " and insert "also constitute "

On page 1, line 7, of the Introduced bill, after "assault " insert "as defined "

On page 1, line 8, of the Introduced bill, after "violation " insert "under this section "

On page 1, line 8, of the Introduced bill, after "person " delete "to be "

On page 1, line 9, of the Introduced bill, after "more " insert "prior "

On page 1, line 10, of the Introduced bill, after "§ 25-10-13" insert " within ten years of committing the current offense"

On page 1, line 10, of the Introduced bill, after "§ 25-10-13, " insert "and "

On page 1, line 10, of the Introduced bill, delete "which " and insert " the current offense "

On page 1, line 11, of the Introduced bill, delete "and occurred within ten years of committing the current offense" and insert " or guilty plea"

On page 1, line 12, of the Introduced bill, after "person " delete "to be "

On page 1, line 15, of the Introduced bill, after "remedies." insert "

Section 2. That § 22-19A-16 be AMENDED:

22-19A-16. Violation of protection order--Penalties.

If a temporary protection order or a protection order is granted pursuant to §§ 22-19A-8 to 22-19A-16, inclusive, and the respondent or person to be restrained knows of the order, violation of the order is a Class 1 misdemeanor. If any the acts constituting a violation of this section constitutes also constitute an assault as defined pursuant to § 22-18-1.1, the violation under this section is a Class 6 felony. If a respondent or person to be restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section or § 25-10-13 within ten years of committing the current offense, and the factual basis for which the current offense occurred after the date of the second conviction or guilty plea, and occurred within ten years of committing the current offense, the respondent or person to be restrained is guilty of a Class 6 felony for any third or subsequent offense. Any proceeding under §§ 22-19A-8 to 22-19A-16, inclusive, is in addition to other civil or criminal remedies.

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On page 1, line 15, of the Introduced bill, after "remedies." insert "

Section 3. That § 25-10-13 be AMENDED:

25-10-13. Violation of protection order or no contact order as misdemeanor or felony.

If a temporary protection order or a protection order is granted pursuant to this chapter or a foreign protection order recognized pursuant to § 25-10-25 or 25-10-12.1, or if a no contact order is issued pursuant to § 25-10-23 or 25-10-25, and the respondent or person to be restrained knows of the order, the violation of the order is a Class 1 misdemeanor. If any the acts constituting a violation of this section constitutes also constitute a violation of § 22-18-1, 22-18-1.1, or 22-19A-1, the violation under this section is a Class 6 felony. If a respondent or person to be restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section or § 22-19A-16 within ten years of committing the current offense, and the factual basis for which the current offense occurred after the date of the second conviction or guilty plea, and occurred within ten years of committing the current offense, the respondent or person to be restrained is guilty of a Class 6 felony for any third or subsequent offense. Any proceeding under this chapter is in addition to other civil or criminal remedies.

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