Criminal Justice (Domestic Violence)

Reinstates mandatory minimum jail sentences for successive violations of the same order for protection. Removes the distinction between domestic and non-domestic violations of an order for protection. Eliminates the court's ability to suspend mandatory minimum sentences.

HB 186 reclassifies harassment by stalking as a class C felony, making it a more serious criminal charge. This change directly affects individuals convicted of stalking-related harassment, potentially leading to harsher sentencing. The bill modifies the legal classification, moving it from a lower-level offense to a felony, which impacts how courts handle such cases and the penalties imposed.

SB 2813 creates a Domestic Abuse Offender Registry within the Attorney General's Department, requiring the state to maintain a public list of individuals convicted of domestic abuse offenses. The bill appropriates funding to establish and operate this registry, which would provide law enforcement and the public with access to offender information. This directly affects individuals convicted of domestic abuse, as their details would be added to the registry. The key mechanism is the centralized database managed by the Attorney General's office, funded through state appropriations.

Increases the penalties imposed on individuals convicted for violation of a temporary restraining order and order for protection. Clarifies that the court shall not sentence a defendant to pay a fine for violating a temporary restraining order or order for protection if, after conducting a financial review, the court determines the defendant is or will be unable to pay the fine. Specifies that the court may suspend certain jail sentence for violation of a temporary restraining order or order for protection upon condition that the defendant remain alcohol- and drug-free, conviction-free, and complete court-ordered assessments or intervention.

Establishes comprehensive reforms to protect children and families from abuse and improve systemic responses. Part I: Establishes the calendar year 2027 as the Year of Resilience, Safety, and Survivor Justice. Part II: Modernizes statutory definitions of harm and child abuse. Part III: Recognizes coercive control as domestic abuse. Part IV: Reforms Family Court procedures to prioritize child safety and prohibit parental alienation theories. Part V: Defines economic abuse and strengthens financial protections, including automatic restraining orders, emergency hearings, forensic accounting authority, and liability for financial institutions. Part VI: Safeguards neurodivergent children and prohibits diagnosis shopping. Part VII: Protects reproductive privacy in custody proceedings. Part VIII: Enhances Child Welfare Services Branch accountability through audits and creation of a Child Welfare Ombudsman. Part IX: Requires automatic protective orders and custody restrictions in cases of severe violence. Part X: Creates a Family Violence Docket with mandatory judicial training and an advisory panel.

Increases the mandatory minimum jail sentence for a first conviction of knowingly or intentionally violating a temporary restraining order from forty-eight to seventy-two hours. Requires mandatory mental health counseling for a first conviction of knowingly or intentionally violating a temporary restraining order.