INDIANA SENATOR JIM ARNOLD'S FIRST BILL TO BECOME LAW

PROTECTS VICTIMS OF DOMESTIC VIOLENCE

The first of Senator Arnold's bills to become law was Senate Enrolled Act 27, known as the domestic violence "cooling off" period bill.  The new law requires that any individual arrested for a crime of domestic violence be held in custody for a minimum of eight hours.  The cooling off period will provide perpetrators time to calm down and avoid responding with more violence after the arrest.  The time will provide domestic violence victims with an opportunity to seek needed services, find alternative housing or file for a restraining order.

Domestic violence continues to be a serious problem that puts too many individuals, families and children at risk.  According to the Indiana Coalition Against Domestic Violence, 4,500 adults and 3,677 children were served in emergency shelters in Indiana last year due to domestic violence.  During that same period, 75 deaths were attributed to domestic violence.

Testimony before the Senate Judiciary Committee indicated that the new law had the support of domestic violence awareness advocates, judges and law enforcement agencies.  The measure received tremendous support from lawmakers, passing out of both the Senate and the House of Representatives by unanimous votes.

SECTION1.IC 35-33-1-1.7   IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS (EFFECTIVE JULY 1, 2008): 

Sec. 1.7. (a) A law enforcement agency having custody of a person arrested for a crime involving domestic or family violence shall keep the person in custody for at least eight (8) hours from the time of the arrest.

(b) A person described in subsection (a) may not be released on bail until at least eight (8) hours from the time of the person's arrest.

SECTION 2. IC 35-33-8-6.5   IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS (EFFECTIVE JULY 1, 2008):

Sec. 6.5. The court may not release a person charged with a crime involving domestic or family violence on bail until at least eight (8) hours from the time of the person's arrest.