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F I S C A L I M P A C T R E P O R T





SPONSOR: Gorham DATE TYPED: 2/18/01 HB
SHORT TITLE: Battery Against a Household Member SB 574
ANALYST: Rael


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY01 FY02 FY01 FY02

NFI



(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB 460



SOURCES OF INFORMATION



Administrative Office of the Courts (AOC)

Administrative Office of the District Attorneys (AODA)



SUMMARY



Synopsis of Bill



The Battery Against a Household Member bill proposes increases in the penalties for battery on a household member, aggravated battery on a household member and violation of an order of protection. The increases are gradual by number of prior convictions and require mandatory minimum sentences



Significant Issues



By requiring a mandatory minimum sentence, the bill provides significant improvement in current domestic violence laws. The erratic sentencing of these offenders under the current law, particularly the frequent deferring of sentences, has been problematic. Mandatory minimum sentences will make sentencing consistent and will have a deterrent effect.



ADMINISTRATIVE IMPLICATIONS



It will cost the judicial information system $400 for statewide update, distribution and documentation of statutory changes. Any additional fiscal impact on the judiciary would be proportional to the enforcement of this law and commenced prosecutions.



FAR/njw