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.
"
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.
"