HB1430
To Amend The Definitions Under The Domestic Abuse Act Of 1991.
AI-Generated Summary
This bill proposes amendments to the definitions within Arkansas's Domestic Abuse Act of 1991. Specifically, it aims to modify the definition of "course of control" and expand the definition of "disturbing the peace." The amendment to "course of control" clarifies that it encompasses a pattern of behavior between family or household members that unreasonably interferes with a person's free will and personal liberty, either in purpose or effect. The bill further elaborates on what constitutes "disturbing the peace" by including "course of control" as a component. It also lists several other behaviors under this expanded definition, such as stalking, repeated threats, criminal impersonation, verbal or electronic harassment, surveillance, property destruction, and criminal trespass. These changes are intended to update and broaden the scope of actions that can be recognized as domestic abuse under state law.
Potential Impact Analysis
Who Might Benefit?
Individuals who are victims of domestic abuse or who experience behaviors that fit the expanded definitions of "course of control" and "disturbing the peace" would be the primary beneficiaries. This includes victims who may have previously fallen outside the scope of the Domestic Abuse Act due to specific definitions. Law enforcement and the judicial system could also benefit from clearer and broader definitions, potentially allowing for more effective intervention and prosecution of cases that constitute domestic abuse. Advocacy groups and organizations supporting victims of domestic violence may also find the updated legal framework more robust in protecting those they serve.
Who Might Suffer?
Individuals accused of domestic abuse or behaviors that may now be more readily categorized under the expanded definitions of "course of control" or "disturbing the peace" could be negatively impacted. This could include individuals facing civil or criminal proceedings under the Domestic Abuse Act who previously might not have been covered. There is also a potential for unintended consequences or broader application of these definitions in family or household disputes, which could lead to increased legal scrutiny or penalties for actions that were not previously considered domestic abuse. Law enforcement and the judicial system might also experience an increased caseload as a result of the expanded definitions.