SPONSORS: Sponaugle and Shott

TITLE: Relating to misdemeanor offenses for violation of protective order; and cleaning up redundant language.

DATE INTRODUCED: February 4, 2015

CODE REFERENCE: §48-27-903. Misdemeanor offenses for violation of protective order; repeat offenses; penalties.

IDENTICAL/SIMILAR BILLS:

SUMMARY ANALYSIS: The purpose of this bill is to eliminate certain redundant language in this section.

FULL ANALYSIS:

I. SUBSTANTIVE ANALYSIS

A. EXISTING LAW: The Current law provides that persons convicted of a violation of this provision shall upon conviction be jailed “which jail term shall include actual confinement of not less than thirty days, and fined not less than $500 nor more than $3,000. or both [sic]” and that a person convicted of a subsequent offense “which [sic] the violation occurs within ten years of a prior conviction of this offense is guilty of a misdemeanor .”

B. THE BILL: The bill eliminates the words “or both”; eliminating a redundancy as persons convicted of a violation of these provisions already must be both jailed and fined and changes the word “which” to “when” to eliminate the absurdity in subsection (c) relating to subsequent offenses.

II.       FISCAL NOTE: Minimal fiscal impact to state government.