We all know the story. Husband beats the hell out of the wife or kids. Breaks some bones. Someone is a bloody pulp. The police try to prosecute the case only to have the spouse drop the charges. "He got saved", "We are going to counseling", or "He is in rehab". We read about the victim in a few months winding up dead. Senator Will Longwitz's proposed bill (#2629) aims to do something about that problem. Copy of bill
Protective orders are nice but felony convictions are better. The law currently states a felony prosecution for domestic violence must have a warrant based on an affidavit. If the victim withdraws the complaint and affidavit, the prosecution stops. It is no source of madness to the police and prosecutors when they try to throw these savages in jail only to be backstabbed by the victim. A victim who is often intimidated or dependent upon the abuser for support. The police can pursue a misdemeanor prosecution but the fine is only $500 and carries a jail sentence of six months or less. The court can also order "anger management" on the first offense and nothing else.
SB #2629 states (the changes in the law are underlined):
SECTION 1. Section 99-3-7, Mississippi Code of 1972, is amended as follows:
3)(a)Any law enforcement officer shall arrest a person with or without a warrant when he has probable cause to believe that the person has, within twenty-four (24) hours of such arrest, knowingly committed a misdemeanor or felony which is an act of domestic violence or knowingly violated provisions of an ex parte protective order, protective order after hearing or court-approved consent agreement entered by a chancery, circuit, county, justice or municipal court pursuant to the Protection from Domestic Abuse Law, Sections 93-21-1 through 93-21-29, Mississippi Code of 1972, or a restraining order entered by a foreign court of competent jurisdiction to protect an applicant from domestic violence.
(b)If a law enforcement officer has probable cause to believe that two (2) or more persons committed * * * an act of domestic violence as defined herein, or if two (2) or more persons make complaints of domestic violence to the officer, the officer shall attempt to determine who was the principal aggressor. The term principal aggressor is defined as the party who poses the most serious ongoing threat, or who is the most significant, rather than the first, aggressor. The officer shall presume that arrest is not the appropriate response for the person or persons who were not the principal aggressor. If the officer affirmatively finds more than one (1) principal aggressor was involved, the officer shall document those findings.
This bill needs to pass. It is true a prosecution of domestic violence is made more difficult if the victim refuses to testify. However, there are cases where such testimony is not needed. It won't be needed if the cops witnessed the abuse take place. It won't be needed in cases such as Heather Spencer. George Bell, III beat her with a rubber mallet. Her injuries required 57 staples in her head. The medical evidence alone would have been sufficient for a conviction. Passing this bill will give law enforcement more power to stop the abuse and free the victim from intimidation and fear.
The bill has been assigned to Judiciary "B" Committee in the Senate. Here are the committee members:
Chairman: Hob Bryan
Vice-Chairman: Chris McDaniel
Sally Doty
Angela Hill
David Blount
W. Briggs Hopson, III
Sampson Jackson, II
Perry Lee
Derrick Simmons
Sean Tindall
Gray Tollison
Giles Ward
Michael Watson
Brice Wiggins
J.P. Wilemon, Jr.
Senator Longwitz also introduced SB #2626. It raises the fine for Simple Assault Domestic Violence (Misdemeanor) from $500 to $1,500 and increases the jail time from six months to one year. Copy of bill. It is also assigned to "Jud B". These are good bills. Jud B needs to pass this legislation. This will do more good to protect women from wife-beaters than a piece of paper that says "protective order". The best protective order is jail.
Needless to say, JJ will monitor these bills. That means the committee meetings will be videotaped and posted on this website. Senators voting no can expect to be asked why they voted against the bills.
18 comments:
Without comment as to any other aspect of anything, raising the penalty from six months to one year would probably mean that every domestic violence case could potentially be a jury trial if the accused demands it.
Good ol' SENATOR LONGWITZ. Making more laws to show he's tough on crime.
Thank God we have a (cough, cough) "former federal prosecutor" -- and totally not a carpet bagger -- looking out for our interests.
Should a man ever beat me or my child there would be no need for a trial. I might would have to wait until he went to sleep but I give him the same thing he gave me or my child even. Any man who beats a woman or a child needs a nice long stay in a cell with someone named Bubba.
Good start, but the best way to protect females in troubled marriages would be the Baptist Seizure Inducing Act. That is, reform our divorce laws that often give a person no relief unless they have been put into danger in the first place. I don't suggest holding in any O2.
You good ole boys should try getting your ass, head, arms, and/or legs beaten to a bloody mess and then tell us women that the laws are justfinethankyouverymuch. And as for a carpetbagger trying to do the job that should've been done years ago, get the hell over it. Longowitz could be from Poland for all I care. At least he's trying to lock up those sorry SOB's who hit women and children for sport. You boys aren't any better than John Horn and his affinity for child molesters.
It ain't just the bubbas, pillars of the community commit domestic violence. Whether they're bullies, alcoholics, psychos, spoiled brats, or for whatever reason, there's no good reason for playing havoc on a child's life. If it weren't illegal, I would take them behind the barn and giv'm a taste of their own medicine.
Think this is a good bill, but I don't understand the comment at 1:18pm about a carpetbagger trying to be tough on crime. How can a kid from Quitman, MS who married into one of the best families in Madison County be a carpetbagger or need to appear to be tough on crime? RS
Good job, KF and good job Will. Both of you please stay on this issue. Hopefully Phil Bryant, Tate Reeves and Phillip Gunn will stand with you and help domestic violence victims.
The only good woman/child abuser is a dead woman/child abuser.
Thank you, Senator Longwitz, for introducing this bill. This is an issue that really needs attention in the State of Mississippi. If your fellow legislators are concerned about the citizens of this state, they will back you all the way on this issue and it will pass without a hitch! And, the ones that do not support passage of this bill will be sending a clear message that they are in support of this type behavior!
just grandstanding. increasing misdemeanor penalties is just political posturing.
if the women aren't willing to testify, the men will walk. too often, they are weighing the benefits of the man in jail or paying child support. testify and go on welfare; back off and maybe collect support. sucks.
life isn't fair. never has been.
As Heather Spencer's Mom, I applaud Senator Longwitz's bill, for whatever reason he's doing it. At least someone is trying to make these abusers pay before it gets too late and they kill, just like George Bell killed my daughter. She died a brutal death at his hands and left us wondering what we could have done to change the course of events that lead to her death, taking away a beautiful life way too soon.
500 lbs gorilla in the room that no one wants to talk about is the fact that so many spouses, majority female, keep coming back for more till they are dead. Codependency counseling is also needed.
12:58 said that raising the penalty from six months to one year would probably mean that every domestic violence case could potentially be a jury trial if the accused demands it.
To avoid jury trials in municipal court, section 21-13-19 limits municipal court maximum penalties to six months and $1,000 fine even if state statute authorizes longer jail penalty or higher fine. Therefore, a maximum penalty of more than six months would only lead to a possible jury trial in justice court or county court.
I wish I felt this bill would make a difference and wasn't just for " show".
While the cooperation of the victim makes the case against the abuser easier, a case can be made with good police work and medical evidence.
The public is now educated enough for a jury or judge not to take recanted testimony seriously.
The problem isn't the time spent behind bars but enforcing restraining orders and making the arrests.
I'd like to see mandatory anger management, tough time for violations of restraining orders, and aggressive prosecution and removing children from the homes of couples who get repeated domestic violence calls.
Educating police officers and judges would be helpful and maybe lawmakers as well, would be helpful.
If the assault was on a stranger, the police wouldn't hesitate. That it takes place in the home against someone who is supposed to feel safe in their own home makes this crime worse, not better.
10:01. This is true. But to get a jury trial all you must do is nolo in municipal court. This already happens with DUI(2nd). DV cases add a bit of drama to it, and I would want a jury almost every time if I had the opportunity.
I'm not advocating either way, just calling attention to it as our elected leaders decide what is best for us.
January 22, 2014 at 9:01 PM, I've read the bill, and nothing in it calls for an increase in the penalty for domestic violence.
In a case like HEather's, you didn't need her affidavit. You had plenty of medical evidence, doctor's testimony, custody of the weapon, etc. This will make prosecuting obvious or strong cases easier that would have failed when the victim refused to prosecute.
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