ENROLLED SENATE
BILL NO. 952	By:	Nichols of the Senate

			and

		Nelson, Roan, Tibbs, Peterson and Nollan of the House

An Act relating to assault and battery; amending 21 O.S. 2001, Sections 13.1, as last amended by Section 117, Chapter 234, O.S.L. 2009, 644, as last amended by Section 1, Chapter 348, O.S.L. 2010, 650 and 759 (21 O.S. Supp. 2010, Sections 13.1 and 644), which relate to assault and battery and domestic abuse; modifying minimum sentence for certain crime; adding certain prohibited criminal conduct; stating penalties; adding reference to certain crime for certain application; modifying certain crime upon law officers; increasing punishment for maiming; amending 22 O.S. 2001, Section 1105, as last amended by Section 6, Chapter 116, O.S.L. 2010 (22 O.S. Supp. 2010, Section 1105), which relates to discharge for bail; providing reference to certain crime for authorizing procedure for release; amending Section 3, Chapter 125, O.S.L. 2002, as amended by Section 3, Chapter 114, O.S.L. 2008 (22 O.S. Supp. 2010, Section 1105.3), which relates to pretrial release; adding certain crime that prohibits certain eligibility; and providing an effective date.

SUBJECT:  Assault and battery

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     21 O.S. 2001, Section 13.1, as last amended by Section 117, Chapter 234, O.S.L. 2009 (21 O.S. Supp. 2010, Section 13.1), is amended to read as follows:

Section 13.1  Persons convicted of:

1.  First degree murder as defined in Section 701.7 of this title;

2.  Second degree murder as defined by Section 701.8 of this title;

3.  Manslaughter in the first degree as defined by Section 711 of this title;

4.  Poisoning with intent to kill as defined by Section 651 of this title;

5.  Shooting with intent to kill, use of a vehicle to facilitate use of a firearm, crossbow or other weapon, assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm, as provided for in Section 652 of this title;

6.  Assault with intent to kill as provided for in Section 653 of this title;

7.  Conjoint robbery as defined by Section 800 of this title;

8.  Robbery with a dangerous weapon as defined in Section 801 of this title;

9.  First degree robbery as defined in Section 797 of this title;

10.  First degree rape as provided for in Section 1115 of this title;

11.  First degree arson as defined in Section 1401 of this title;

12.  First degree burglary as provided for in Section 1436 of this title;

13.  Bombing as defined in Section 1767.1 of this title;

14.  Any crime against a child provided for in Section 843.5 of this title;

15.  Forcible sodomy as defined in Section 888 of this title;

16.  Child pornography as defined in Section 1021.2, 1021.3 or 1024.1 of this title;

17.  Child prostitution as defined in Section 1030 of this title;

18.  Lewd molestation of a child as defined in Section 1123 of this title; 

19.  Abuse of a vulnerable adult as defined in Section 10-103 of Title 43A of the Oklahoma Statutes who is a resident of a nursing facility; or

20.  Aggravated trafficking as provided for in subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; or

21.  Aggravated assault and battery upon any person defending another person from assault and battery,

shall be required to serve not less than eighty-five percent (85%) of any sentence of imprisonment imposed by the judicial system prior to becoming eligible for consideration for parole.  Persons convicted of these offenses shall not be eligible for earned credits or any other type of credits which have the effect of reducing the length of the sentence to less than eighty-five percent (85%) of the sentence imposed.

SECTION 2.     AMENDATORY     21 O.S. 2001, Section 644, as last amended by Section 1, Chapter 348, O.S.L. 2010 (21 O.S. Supp. 2010, Section 644), is amended to read as follows:

Section 644.  A.  Assault shall be punishable by imprisonment in a county jail not exceeding thirty (30) days, or by a fine of not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment.

B.  Assault and battery shall be punishable by imprisonment in a county jail not exceeding ninety (90) days, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

C.  Any person who commits any assault and battery against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant shall be guilty of domestic abuse.  Upon conviction, the defendant shall be punished by imprisonment in the county jail for not more than one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.  Upon conviction for a second or subsequent offense, the person shall be punished by imprisonment in the custody of the Department of Corrections for not more than four (4) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.  The provisions of Section 51.1 of this title shall not apply to any second or subsequent offense.

D.  1.  Any person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon a current or former spouse, a present spouse of a former spouse, a parent, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant with any sharp or dangerous weapon, upon conviction, is guilty of domestic assault or domestic assault and battery with a dangerous weapon which shall be a felony and punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years, or by imprisonment in a county jail not exceeding one (1) year.  The provisions of Section 51.1 of this title shall apply to any second or subsequent conviction for a violation of this paragraph.

2.  Any person who, without such cause, shoots a current or former spouse, a present spouse of a former spouse, a parent, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant, by means of any deadly weapon that is likely to produce death shall, upon conviction, be guilty of domestic assault and battery with a deadly weapon which shall be a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life.  The provisions of Section 51.1 of this title shall apply to any second or subsequent conviction for a violation of this paragraph.

E.  Any person convicted of domestic abuse committed against a pregnant woman with knowledge of the pregnancy shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than one (1) year.

Any person convicted of a second or subsequent offense of domestic abuse against a pregnant woman with knowledge of the pregnancy shall be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not less than ten (10) years.

Any person convicted of domestic abuse committed against a pregnant woman with knowledge of the pregnancy and a miscarriage occurs or injury to the unborn child occurs shall be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not less than twenty (20) years.

E. F.  Any person convicted of domestic abuse as defined in subsection C of this section that results in great bodily injury to the victim shall be guilty of a felony and punished by imprisonment in the custody of the Department of Corrections for not more than ten (10) years, or by imprisonment in the county jail for not more than one (1) year.  The provisions of Section 51.1 of this title shall apply to any second or subsequent conviction of a violation of this subsection.

F. G.  Any person convicted of domestic abuse as defined in subsection C of this section that was committed in the presence of a child shall be punished by imprisonment in the county jail for not less than six (6) months nor more than one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.  Any person convicted of a second or subsequent domestic abuse as defined in subsection C of this section that was committed in the presence of a child shall be punished by imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, or by a fine not exceeding Seven Thousand Dollars ($7,000.00), or by both such fine and imprisonment.  The provisions of Section 51.1 of this title shall not apply to any second or subsequent offense.  For every conviction of domestic abuse, domestic assault or domestic assault and battery with a dangerous weapon, or domestic assault and battery with a deadly weapon, the court shall:

1.  Specifically order as a condition of a suspended sentence or probation that a defendant participate in counseling or undergo treatment to bring about the cessation of domestic abuse as specified in paragraph 2 of this subsection;

2.	a.	The court shall require the defendant to participate in counseling or undergo treatment for domestic abuse by an individual licensed practitioner or a domestic abuse treatment program certified by the Attorney General.  If the defendant is ordered to participate in a domestic abuse counseling or treatment program, the order shall require the defendant to attend the program for a minimum of fifty-two (52) weeks, complete the program, and be evaluated before and after attendance of the program by a program counselor or a private counselor.  Three unexcused absences in succession or seven unexcused absences in a period of fifty-two (52) weeks from any court-ordered domestic abuse counseling or treatment program shall be prima facie evidence of the violation of the conditions of probation for the district attorney to seek acceleration or revocation of any probation entered by the court.

b.	A program for anger management, couples counseling, or family and marital counseling shall not solely qualify for the counseling or treatment requirement for domestic abuse pursuant to this subsection.  The counseling may be ordered in addition to counseling specifically for the treatment of domestic abuse or per evaluation as set forth below.  If, after sufficient evaluation and attendance at required counseling sessions, the domestic violence treatment program or licensed professional determines that the defendant does not evaluate as a perpetrator of domestic violence or does evaluate as a perpetrator of domestic violence and should complete other programs of treatment simultaneously or prior to domestic violence treatment, including but not limited to programs related to the mental health, apparent substance or alcohol abuse or inability or refusal to manage anger, the defendant shall be ordered to complete the counseling as per the recommendations of the domestic violence treatment program or licensed professional;

3.	a.	The court shall set a review hearing no more than one hundred twenty (120) days after the defendant is ordered to participate in a domestic abuse counseling program or undergo treatment for domestic abuse to assure the attendance and compliance of the defendant with the provisions of this subsection and the domestic abuse counseling or treatment requirements.  The court may suspend sentencing of the defendant until the defendant has presented proof to the court of enrollment in a program of treatment for domestic abuse by an individual licensed practitioner or a domestic abuse treatment program certified by the Attorney General and attendance at weekly sessions of such program.  Such proof shall be presented to the court by the defendant no later than one hundred twenty (120) days after the defendant is ordered to such counseling or treatment.  At such time, the court may complete sentencing, beginning the period of the sentence from the date that proof of enrollment is presented to the court, and schedule reviews as required by subparagraphs a and b of this paragraph and paragraphs 4 and 5 of this subsection.  Three unexcused absences in succession or seven unexcused absences in a period of fifty-two (52) weeks from any court-ordered domestic abuse counseling or treatment program shall be prima facie evidence of the violation of the conditions of probation for the district attorney to seek acceleration or revocation of any probation entered by the court.

b.	The court shall set a second review hearing after the completion of the counseling or treatment to assure the attendance and compliance of the defendant with the provisions of this subsection and the domestic abuse counseling or treatment requirements.  The court shall retain continuing jurisdiction over the defendant during the course of ordered counseling through the final review hearing;

4.  The court may set subsequent or other review hearings as the court determines necessary to assure the defendant attends and fully complies with the provisions of this subsection and the domestic abuse counseling or treatment requirements;

5.  At any review hearing, if the defendant is not satisfactorily attending individual counseling or a domestic abuse counseling or treatment program or is not in compliance with any domestic abuse counseling or treatment requirements, the court may order the defendant to further or continue counseling, treatment, or other necessary services.  The court may revoke all or any part of a suspended sentence, deferred sentence, or probation pursuant to Section 991b of Title 22 of the Oklahoma Statutes and subject the defendant to any or all remaining portions of the original sentence;

6.  At the first review hearing, the court shall require the defendant to appear in court.  Thereafter, for any subsequent review hearings, the court may accept a report on the progress of the defendant from individual counseling, domestic abuse counseling, or the treatment program.  There shall be no requirement for the victim to attend review hearings; and

7.  If funding is available, a referee may be appointed and assigned by the presiding judge of the district court to hear designated cases set for review under this subsection.  Reasonable compensation for the referees shall be fixed by the presiding judge.  The referee shall meet the requirements and perform all duties in the same manner and procedure as set forth in Sections 7003-8.6 and 7303-7.5 of Title 10 of the Oklahoma Statutes pertaining to referees appointed in juvenile proceedings.

The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court.

G. H.  As used in subsection F G of this section, “in the presence of a child” means in the physical presence of a child; or having knowledge that a child is present and may see or hear an act of domestic violence.  For the purposes of subsections C and F G of this section, “child” may be any child whether or not related to the victim or the defendant.

H. I.  For the purposes of subsections C and F G of this section, any conviction for assault and battery against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or any person living in the same household as the defendant, shall constitute a sufficient basis for a felony charge:

1.  If that conviction is rendered in any state, county or parish court of record of this or any other state; or

2.  If that conviction is rendered in any municipal court of record of this or any other state for which any jail time was served; provided, no conviction in a municipal court of record entered prior to November 1, 1997, shall constitute a prior conviction for purposes of a felony charge.

I. J.  Any person who commits any assault and battery with intent to cause great bodily harm by strangulation or attempted strangulation against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant shall, upon conviction, be guilty of domestic abuse by strangulation and shall be punished by imprisonment in the custody of the Department of Corrections for a period of not less than one (1) year nor more than three (3) years, or by a fine of not more than Three Thousand Dollars ($3,000.00), or by both such fine and imprisonment.  Upon a second or subsequent conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for a period of not less than three (3) years nor more than ten (10) years, or by a fine of not more than Twenty Thousand Dollars ($20,000.00), or by both such fine and imprisonment.  As used in this subsection, “strangulation” means any form of asphyxia; including, but not limited to, asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck or the closure of the nostrils or mouth as a result of external pressure on the head.

J. K.  Any district court of this state and any judge thereof shall be immune from any liability or prosecution for issuing an order that requires a defendant to:

1.  Attend a treatment program for domestic abusers certified by the Attorney General;

2.  Attend counseling or treatment services ordered as part of any suspended or deferred sentence or probation; and

3.  Attend, complete, and be evaluated before and after attendance by a treatment program for domestic abusers, certified by the Attorney General.

K. L.  There shall be no charge of fees or costs to any victim of domestic violence, stalking, or sexual assault in connection with the prosecution of a domestic violence, stalking, or sexual assault offense in this state.

L. M.  In the course of prosecuting any charge of domestic abuse, stalking, harassment, rape, or violation of a protective order, the prosecutor shall provide the court, prior to sentencing or any plea agreement, a local history and any other available history of past convictions of the defendant within the last ten (10) years relating to domestic abuse, stalking, harassment, rape, violation of a protective order, or any other violent misdemeanor or felony convictions.

M. N.  Any plea of guilty or finding of guilt for a violation of subsection C, E F, F G, H I or I J of this section shall constitute a conviction of the offense for the purpose of this act or any other criminal statute under which the existence of a prior conviction is relevant for a period of ten (10) years following the completion of any court imposed probationary term; provided, the person has not, in the meantime, been convicted of a misdemeanor involving moral turpitude or a felony.

N. O.  For purposes of subsection E F of this section, “great bodily injury” means bone fracture, protracted and obvious disfigurement, protracted loss or impairment of the function of a body part, organ or mental faculty, or substantial risk of death.

SECTION 3.     AMENDATORY     21 O.S. 2001, Section 650, is amended to read as follows:

Section 650.  A.  Every person who, without justifiable or excusable cause, knowingly commits any aggravated assault and battery upon the person of a police officer, sheriff, deputy sheriff or highway patrolman, corrections personnel as defined in Section 649 of this title, or any state peace officer employed by any state or federal governmental agency to enforce state laws, while said officer is in the performance of his or her duties shall upon conviction thereof be guilty of a felony, which shall be punishable by imprisonment in a state correctional institution the custody of the Department of Corrections for not more than five (5) years, or county jail for a period not to exceed one (1) year life or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

B.  Every person who, without justifiable or excusable cause, commits any aggravated assault and battery upon a person that the violator knows or should reasonably know is a police officer, sheriff, deputy sheriff or highway patrolman, corrections personnel as defined in Section 649 of this title, or any state peace officer employed by any state or federal governmental agency to enforce state laws, that results in maiming as defined in Section 751 of this title, while said officer is in the performance of his or her duties shall upon conviction be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections of not less than five (5) years nor more than life or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

C.  This section shall not supersede any other act or acts, but shall be cumulative thereto.

SECTION 4.     AMENDATORY     21 O.S. 2001, Section 759, is amended to read as follows:

Section 759.  Any person guilty of maiming another, as defined in Section 751 of this title, shall be guilty of a felony punishable by imprisonment in the State Penitentiary custody of the Department of Corrections not exceeding seven (7) years, or by imprisonment in the county jail not exceeding one (1) year, life or by a fine not exceeding One Thousand Dollars ($1,000.00), or both such fine and imprisonment.

SECTION 5.     AMENDATORY     22 O.S. 2001, Section 1105, as last amended by Section 6, Chapter 116, O.S.L. 2010 (22 O.S. Supp. 2010, Section 1105), is amended to read as follows:

Section 1105.  A.  Except as otherwise provided by this section, upon the allowance of bail and the execution of the requisite recognizance, bond, or undertaking to the state, the magistrate, judge, or court, shall, if the defendant is in custody, make and sign an order for discharge.  The court, in its discretion, may prescribe by court rule the conditions under which the court clerk or deputy court clerk, or the sheriff or deputy sheriff, may prepare and execute an order of release on behalf of the court.

B.  No police officer or sheriff may release a person arrested for a violation of an ex parte or final protective order as provided in Sections 60.2 and 60.3 of this title, or arrested for an act constituting domestic abuse as specified in Section 644 of Title 21 of the Oklahoma Statutes, or arrested for any act constituting domestic abuse, stalking or harassment as defined by Section 60.1 of this title, or arrested for an act constituting domestic assault and battery or domestic assault and battery with a deadly weapon pursuant to Section 644 of Title 21 of the Oklahoma Statutes, without the violator appearing before a magistrate, judge or court.  To the extent that any of the following information is available to the court, the magistrate, judge or court shall consider, in addition to any other circumstances, before determining bond and other conditions of release as necessary for the protection of the alleged victim, the following:

1.  Whether the person has a history of domestic violence or a history of other violent acts;

2.  The mental health of the person;

3.  Whether the person has a history of violating the orders of any court or governmental entity;

4.  Whether the person is potentially a threat to any other person;

5.  Whether the person has a history of abusing alcohol or any controlled substance;

6.  Whether the person has access to deadly weapons or a history of using deadly weapons;

7.  The severity of the alleged violence that is the basis of the alleged offense including, but not limited to:

a.	the duration of the alleged violent incident,

b.	whether the alleged violent incident involved serious physical injury,

c.	whether the alleged violent incident involved sexual assault,

d.	whether the alleged violent incident involved strangulation,

e.	whether the alleged violent incident involved abuse during the pregnancy of the alleged victim,

f.	whether the alleged violent incident involved the abuse of pets, or

g.	whether the alleged violent incident involved forcible entry to gain access to the alleged victim;

8.  Whether a separation of the person from the alleged victim or a termination of the relationship between the person and the alleged victim has recently occurred or is pending;

9.  Whether the person has exhibited obsessive or controlling behaviors toward the alleged victim including, but not limited to, stalking, surveillance, or isolation of the alleged victim;

10.  Whether the person has expressed suicidal or homicidal ideations; and

11.  Any information contained in the complaint and any police reports, affidavits, or other documents accompanying the complaint.

C.  No police officer or sheriff may release a person arrested for any violation of subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes, without the violator appearing before a magistrate, judge, or court.  In determining bond and other conditions of release, the magistrate, judge, or court shall consider any evidence that the person is in any manner dependent upon a controlled dangerous substance or has a pattern of regular, illegal use of any controlled dangerous substance.  A rebuttable presumption that no conditions of release on bond would assure the safety of the community or any person therein shall arise if the state shows by clear and convincing evidence:

1.  The person was arrested for a violation of subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes, relating to manufacturing or attempting to manufacture a controlled dangerous substance, or possessing any of the substances listed in subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes with the intent to manufacture a controlled dangerous substance; and

2.  The person is in any manner dependent upon a controlled dangerous substance or has a pattern of regular illegal use of a controlled dangerous substance, and the violation referred to in paragraph 1 of this subsection was committed or attempted in order to maintain or facilitate the dependence or pattern of illegal use in any manner.

SECTION 6.     AMENDATORY     Section 3, Chapter 125, O.S.L. 2002, as amended by Section 3, Chapter 114, O.S.L. 2008 (22 O.S. Supp. 2010, Section 1105.3), is amended to read as follows:

Section 1105.3  A.  Any eligible county pursuant to the provisions of this act may establish and fund a pretrial program to be utilized by the district court in that jurisdiction.

B.  When a pretrial release program is established pursuant to this act and private bail has not been furnished, the judge may order a person to be evaluated through the pretrial program.  After conducting an evaluation of the person applying for pretrial release, the pretrial program shall make a recommendation to the court.  The recommendation shall indicate any special supervisory conditions for pretrial release.  The judge shall consider the recommendations and may grant or deny pretrial release.  The presiding judge of the judicial district may issue a standing order outlining criteria for cases that may automatically be evaluated for pretrial release by a pretrial program operating in the jurisdiction.  The standing order may include amounts for bail and types of bonds deemed appropriate for certain offenses.

C.  Except as otherwise authorized by the provisions of this subsection, persons accused of or detained for any of the following offenses or conditions shall not be eligible for pretrial release by any pretrial program:

1.  Aggravated driving under the influence of an intoxicating substance;

2.  Any felony driving under the influence of an intoxicating substance;

3.  Any offense prohibited by the Trafficking In Illegal Drugs Act;

4.  Any person having a violent felony conviction within the past ten (10) years;

5.  Appeal bond;

6.  Arson in the first degree, including attempts to commit arson in the first degree;

7.  Assault and battery on a police officer;

8.  Bail jumping;

9.  Bribery of a public official;

10.  Burglary in the first or second degree;

11.  Civil contempt proceedings;

12.  Distribution of a controlled dangerous substance, including the sale or possession of a controlled dangerous substance with intent to distribute or conspiracy to distribute;

13.  Domestic abuse or, domestic assault or domestic assault and battery with a dangerous weapon, or domestic assault and battery with a deadly weapon;

14.  Driving under the influence of intoxicating substance where property damage or personal injury occurs;

15.  Felony discharging a firearm from a vehicle;

16.  Felony sex offenses;

17.  Fugitive bond or a governor’s fugitive warrant;

18.  Immigration charges;

19.  Kidnapping;

20.  Juvenile or youthful offender detention;

21.  Manslaughter;

22.  Manufacture of a controlled dangerous substance;

23.  Murder in the first degree, including attempts or conspiracy to commit murder in the first degree;

24.  Murder in the second degree, including attempts or conspiracy to commit murder in the second degree;

25.  Negligent homicide;

26.  Out-of-county holds;

27.  Persons currently on pretrial release who are arrested on a new felony offense;

28.  Possession, manufacture, use, sale or delivery of an explosive device;

29.  Possession of a controlled dangerous substance on Schedule I or II of the Controlled Dangerous Substances Act;

30.  Possession of a firearm or other offensive weapon during the commission of a felony;

31.  Possession of a stolen vehicle;

32.  Rape in the first degree, including attempts to commit rape in the first degree;

33.  Rape in the second degree, including attempts to commit rape in the second degree;

34.  Robbery by force or fear;

35.  Robbery with a firearm or dangerous weapon, including attempts to commit robbery with a firearm or dangerous weapon;

36.  Sexual assault or violent offenses against children;

37.  Shooting with intent to kill;

38.  Stalking or violation of a Victim Protection Order;

39.  Two or more prior felony convictions; or

40.  Unauthorized use of a motor vehicle.

D.  A person not eligible for pretrial release pursuant to the provisions of subsection C of this section may be released upon order of a district judge or associate district judge under conditions prescribed by the judge, which may include an order to require the defendant to use an active, real-time, twenty-four-hour Global Positioning System (GPS) monitoring device as a condition of pretrial release.  The court may further order the defendant to pay costs and expenses related to the GPS device and monitoring.

E.  Every pretrial services program operating pursuant to the provisions of this act shall meet the following minimum criteria:

1.  The program shall establish a procedure for screening and evaluating persons who are detained or have been arrested for the alleged commission of a crime.  The program shall obtain criminal history records on detained persons through the National Crime Information Center (NCIC).  The information obtained from the screening and evaluation process must be submitted in a written report without unnecessary delay to the judge who is assigned to hear pretrial release applications when the person is eligible for pretrial release;

2.  The program shall provide reliable information to the judge relating to the person applying for pretrial release so a reasonable decision can be made concerning the amount and type of bail appropriate for pretrial release.  The information provided shall be based upon facts relating to the person's risk of danger to the community and the risk of failure to appear for court; and

3.  The program shall make all reasonable attempts to provide the court with information appropriate to each person considered for pretrial release.

F.  A pretrial program established pursuant to this act may provide different methods and levels of community-based supervision to meet any court-ordered conditions of release.  The program may use existing supervision methods for persons who are released prior to trial.  Pretrial programs which employ peace officers certified by the Council on Law Enforcement Education and Training (CLEET) are authorized to enforce court-ordered conditions of release.

G.  Each pretrial program established pursuant to this act shall provide a quarterly report to the presiding judge of the judicial district of the jurisdiction in which it operates.  A copy of the report shall be filed of record with the court clerk of the jurisdiction.  Each report shall include, but is not limited to, the following information:

1.  The total number of persons screened, evaluated or otherwise considered for pretrial release;

2.  The total number and nature of recommendations made;

3.  The number of persons admitted to pretrial release that failed to appear; and

4.  Any other information deemed appropriate by the reporting judicial district or that the program desires to report.

H.  Every pretrial release program established pursuant to this section shall utilize the services of local providers; provided, however, any program in continuous existence since July 1, 1999, shall be exempt from the provisions of this subsection.

SECTION 7.  This act shall become effective November 1, 2011.

Passed the Senate the 20th day of May, 2011.

	
	Presiding Officer of the Senate

Passed the House of Representatives the 20th day of May, 2011.

	
	Presiding Officer of the House
	of Representatives