HB1433
To Require A Law Enforcement Officer Who Is Executing Or Serving An Order Of Protection To Serve Any Outstanding Criminal Warrants Related To Domestic Violence Or Offenses Involving The Petitioner As The Victim.
AI-Generated Summary
This bill proposes an amendment to Arkansas Code 9-15-208, which deals with law enforcement assistance in executing orders of protection. The core of the amendment mandates that when a law enforcement officer is serving an order of protection, they must also check for and serve any outstanding criminal warrants related to domestic violence. This applies specifically when the petitioner for the order of protection is the victim named in the warrant. The existing law allows courts to order law enforcement to accompany petitioners and assist in executing or serving orders of protection, as well as helping them retrieve personal effects. The proposed change adds a specific duty to perform a warrant check before serving the order of protection. This aims to ensure that individuals facing domestic violence proceedings are also held accountable for any existing domestic violence-related criminal charges through active warrants.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill, if enacted, would be individuals seeking protection from domestic violence, particularly those who are victims of offenses for which outstanding criminal warrants exist against the perpetrator. Law enforcement agencies would benefit from a standardized procedure that ensures greater accountability for individuals involved in domestic violence cases. The state's legal system, particularly the prosecution of domestic violence crimes, could also see a benefit from the more efficient and simultaneous addressing of both civil protection orders and criminal warrants.
Who Might Suffer?
The primary group that could be negatively impacted by this bill is individuals who have outstanding criminal warrants related to domestic violence and are also the subject of an order of protection. Upon being served with the order of protection, they would be immediately subject to arrest on the outstanding warrants. This could lead to increased arrests and potential incarceration for these individuals, impacting their personal lives, employment, and family situations. Additionally, law enforcement officers might face increased workload or logistical challenges in executing both the order of protection and the arrest warrants simultaneously, depending on the circumstances.