HB 216 — AN ACT relating to interpersonal violence.

UNOFFICIAL COPY 20 RS BRHB 253216/GA AN ACT relating to interpersonal violence.

(1) "Domestic violenceanimal" andmeans abuse"a means:personal pet that is an animal that has been converted to a domestic habitat;

(2) "Domestic violence and abuse" means:

or (b) Any conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137 conducted towards a domestic animal owned by the person for whom protection is sought when used as a method of coercion, control, punishment, intimidation, or revenge directed against a family member or member of an unmarried couple;

(2)(3)[(2)] "Family member" means a spouse, including a former spouse, a grandparent, a grandchild, a parent, a child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim;

(3)(4)[(3)] "Foreign protective order" means any judgment, decree, or order of protection which is entitled to full faith and credit pursuant to 18 U.S.C.

(4)(5)[(4)] "Global positioning monitoring system" means a system that electronically determines a person's location through a device worn by the person which does not invade his or her bodily integrity and which transmits the person's latitude and longitude data to a monitoring entity;

(5)(6)[(5)] "Member of an unmarried couple" means each member of an unmarried Page 1 of 7 HB021610.100 - 253 - XXXX GA UNOFFICIAL COPY 20 RS HB 216/GA couple which allegedly has a child in common, any children of that couple, or a member of an unmarried couple who are living together or have formerly lived together;

(6)(7)[(6)] "Order of protection" means an emergency protective order or a domestic violence Page 1 of 6 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 253 order and includes a foreign protective order;

(7)(8)[(7)] "Strangulation" refers to conduct prohibited by KRS 508.170 and 508.175;

and (8)(9)[(8)] "Substantial violation" means criminal conduct which involves actual or threatened harm to the person, family, or property, including a domestic animal, of an individual protected by an order of protection.

Page 2 of 7 HB021610.100 - 253 - XXXX GA UNOFFICIAL COPY 20 RS HB 216/GA (c) Directing that either or both of the parties receive counseling services available in the community in domestic violence and abuse cases;

Page 2 of 6 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 253 2.

Awarding possession of anyjointly sharedowned domestic animals to the petitioner.person for whom protection is sought.

Page 3 of 7 HB021610.100 - 253 - XXXX GA UNOFFICIAL COPY 20 RS HB 216/GA (4) A domestic violence order shall be effective for a period of time fixed by the court, not to exceed three (3) years, and may be reissued upon expiration for subsequent periods of up to three (3) years each.

Page 3 of 6 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 253 As used in this chapter:

or (b) Any conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137 Page 4 of 7 HB021610.100 - 253 - XXXX GA UNOFFICIAL COPY 20 RS HB 216/GA conducted towards a domestic animal owned by the person for whom protection is sought when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the perpetrator is or has been in a dating relationship;

(3) "Foreign"Domestic protectiveanimal" order" means anya judgment,personal decree,pet orthat order of protection which is entitledan toanimal fullthat faithhas andbeen creditconverted pursuant to 18a U.S.C.domestic habitat;

(4) "Foreign protective order" means any judgment, decree, or order of protection which is entitled to full faith and credit pursuant to 18 U.S.C.

Page(5)[(4)] 4 of 6 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 253 (4) "Global positioning monitoring system" means a system that electronically determines a person's location through a device worn by the person which does not invade his or her bodily integrity and which transmits the person's latitude and longitude data to a monitoring entity;

(5)(6)[(5)] "Order of protection" means any interpersonal protective order, including those issued on a temporary basis, and includes a foreign protective order;

(6)(7)[(6)] "Sexual assault" refers to conduct prohibited as any degree of rape, sodomy, or sexual abuse under KRS Chapter 510 or incest under KRS 530.020;

(7)(8)[(7)] "Stalking" refers to conduct prohibited as stalking under KRS 508.140 or 508.150;

(8)(9)[(8)] "Strangulation" refers to conduct prohibited by KRS 508.170 and 508.175;

and (9)(10)[(9)] "Substantial violation" means criminal conduct which involves actual or threatened harm to the person, family, or property, including a domestic animal, of an individual protected by an order of protection.

(1) Following a hearing ordered under KRS 456.040, if a court finds by a preponderance of the evidence that dating violence and abuse, sexual assault, or Page 5 of 7 HB021610.100 - 253 - XXXX GA UNOFFICIAL COPY 20 RS HB 216/GA stalking has occurred and may again occur, the court may issue an interpersonal protective order:

Going to or within a specified distance of a specifically described residence, school, or place of employment or area where such a place is Page 5 of 6 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 253 located;

and (d) Awarding possession of any sharedjointly owned domestic animals to the petitioner.person for whom protection is sought.

(b) Only impose a location restriction where there is a specific, demonstrable Page 6 of 7 HB021610.100 - 253 - XXXX GA UNOFFICIAL COPY 20 RS HB 216/GA danger to the petitioner or other person protected by the order;

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