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House committee endorses domestic abuse bill Wednesday, Jan 31, 2007 By John Lyon Arkansas News Bureau LITTLE ROCK - A bill to set guidelines for law enforcement officers in responding to domestic abuse incidents was endorsed Tuesday by the House Judiciary Committee. House Bill 1310 by Rep. Dawn Creekmore, D-Hensley, would require an officer to determine which party was the "predominant aggressor" in a domestic abuse incident. In making that determination, the officer would take into consideration the parties' statements, the extent of injuries involved, evidence of self-defense, imminent threat of further injury, prior complaints of abuse, the future welfare of any minors present and any other relevant factors. If the abuse would constitute a felony, the officer would be required to arrest the predominant aggressor if the abuse occurred within the past four hours or, in cases involving physical injury, if the abuse occurred within the past 12 hours. If the abuse would constitute a misdemeanor, the arrest of the predominant aggressor would be "considered the preferred action" if an imminent threat of further injury to one of the parties existed. Creekmore told the committee the bill would help ensure that officers "leave a party at home that was not the predominant aggressor, so they can stay at home and take care of the children." Sgt. Michael Mundy of the Independence County sheriff's office testified that the bill would help officers deal more effectively with domestic abuse and would open people's eyes to the problem. Some committee members said they were concerned the bill would open the door to lawsuits. "I think it's impossible to conduct a full investigation to meet all these requirements," said Rep. David Johnson, D-Little Rock. Little Rock lawyer Jeff Rosenzweig said the bill would not withstand a constitutional challenge because it requires officers to predict future conduct. The vote was 12-5, with Reps. Will Bond, D-Jacksonville, David "Bubba" Powers, D-Hope, Chris Thyer, D-Jonesboro, Jon Woods, R-Springdale, and Johnson voting against the bill. The measure goes to the House. |
