New Domestic Violence Reporting Bill

Tennessee have proposed new domestic violence bills that would affect the rationale for arrest or the decision not to arrest.

2011-11-24

November 24, 2011 (Press-News.org) New Domestic Violence Reporting Bill

According to statistics from the Centers for Disease Control and Prevention, violent acts are attributed to approximately 51,000 deaths each year. In cases of domestic violence -- sometimes referred to as intimate partner violence -- children, women and men can all be victims. With the news full of these stories, Tennessee's state legislature is considering several bills to tackle what it sees as a growing problem.

Both the Tennessee House and Senate have offered a number of bills that specifically address the issue of domestic violence. While most deal with the practicalities of filings, consequences and penalties for violators, Senate Bill 1630 and House Bill 1398 require law enforcement officers investigating allegations of domestic abuse to make a complete report and file that report with the officer's supervisor within 48 hours of the initial investigation.

The law further provides that if the officer does not arrest one or both parties, the rationale for the arrest or decision not to arrest should be included in the report. These bills, if enacted, would change the current requirement, which does not provide a time frame for filing.

The goal of the newly proposed legislation is to establish a better method of tracking domestic violence in the state. Incidents that do not rise to the level of assault are considered "matters of record." According to Memphis Police Department data, the number of "matter of record" filings rose from 896 to 10,916 between 2008 and 2010. Although these numbers are significant, the "matter of record" reports are not included in crime totals for the state or Federal Bureau of Investigation. In addition, these figures are not reported to the public.

At present, Senate Bill 1630 is stalled in the Senate Judiciary Committee. The House version of the bill is set for debate later this summer. If enacted, the bill could greatly change how police officers respond and report these types of intimate partner incidents. One concern is that more heightened scrutiny and perceived risks could lead to more arrests or criminal charges being filed.

Tennessee's legislators offered more than 17 bills that would impact this area of law. Given these potential changes, it is important for people to seek experienced legal advice if accused of a domestic violence offense.

Article provided by DeWerff & Associate
Visit us at http://www.dewerfflaw.com

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