Thursday, February 13, 2014

Domestic violence bills pass Senate on unanimous votes

The Senate just passed two bills that will strengthen domestic violence laws if enacted.  Senator Will Longwitz sponsored both bills. They will now move to the House for passage.


SB #2629 will remove the requirement of a victim's affidavit for a felony prosecution of domestic violence. This will enable the police to prosecute a case of aggravated domestic violence without the victim's consent.

SB#2626 will increase the penalties for simple domestic violence.  Mississippi suffered an "incongruity" in the law that saw a fine for misdemeanor domestic violence was literally half the fine for misdemeanor animal cruelty.  This bill triples the maximum fine from $500 to $1,500 and doubles the maximum jail sentence from six months to one year.


13 comments:

Anonymous said...

the affidavit issue is a red herring. you don't have to have the victim sign an affidavit to bring a felony charge. however, prosecutors will rarely bring a felony case if the "victim" is not cooperating. now there are many reasons why some get assaulted and then don't want to cooperate, but the bottom line is that without the victim fully cooperating, you can bet that some other case will get called for trial...

Anonymous said...

PRAISE GOD!!!

Anonymous said...

This is wonderful news! Thank you Senator Longwitz. Thank you Kingfish for following this. Please keep following it until the Governor signs it into law.

Anonymous said...

5:00 and 5:29 are mere cheerleaders for longavitz. he's just making headlines. on this site. nowhere else. he's just posturing.

Anonymous said...

6:07 This will help with prosecuting domestic violence cases. I thank the legislature for doing this. It was the right thing to do.

Anonymous said...

KF - You forgot to put your normal disclaimer that this post is "A PAID ADVERTISEMENT" for your buddy Longwitz. The Senate has passed several good bills this year - as has the House - but you have put several posts up about these bills that Longwitz sponsored.

Realize it is news that Longwitz accomplished something, but still this is a little over the top for coverage! This appears to be good legislation, but so are several other bills sponsored by other folks.

But hey, your fascination with Willie is better than your shilling for McDaniel

Kingfish said...

Go to hell, you little scumbag. This site has reported on domestic violence for a long time. Perhaps you forgot my fight to get the Heather Spencer police reports. This site has taken to task a few so-called domestic violence advocates when all they do is push for stronger notifications and protective orders. Those are nice but do nothing to stop the nutjobs from engaging in domestic violence. What will stop them is jail.

I have written before on this site about the shortcomings in the law. If someone in the legislature decided to take them up and do something about it, you damn right I'm going to support it and I don't care who it is. If these bills were pushed by Ed Blackmon or Bobby Moak, you would have seen me supporting them, politics be damned.

But you know, all you do care about is the politics. Never mind how many women are intimidated into dropping charges or never file them in the first place when they are beaten to a pulp. Never mind the frustration the cops face because they can't prosecute a scumbag thanks to the victim's reluctance to prosecute.

Then there is the fact our misdemeanor animal cruelty laws are tougher than our misdemeanor domestic violence laws. You get hit worse if you kick your dog than if you kick your wife. Very nice.

Anyway, take your George Bell, III-loving ass and get lost.

Anonymous said...

I agree with the first post. this is nothing but a feel good bill. If the victim does not want the defendant convicted and tells the jury the same, there will be no conviction and a lot of money and time wasted. I would simply more on with a different case to prosecute

Anonymous said...

I agree with the first comment. This is nothing but a feel good statute. If a felony goes to trial and the victim tells the jury they have made up and she or he does not want the defendant to be convicted, there will not be a conviction. No reason to go to trial. Waste of time, money when another case could use that slot

Anonymous said...

I am all for getting tougher on Domestic Violence cases. However, SB 2626 has two major flaws; the first is that in all Municipal Courts, the judge is limited to imposing fines of $1000. Even though the bill would allow a $1,500 fine the judge can not impose it. Secondly, by increasing the possible jail time to one year, the defendants will have a right to a jury trial. Justice courts can do jury trials, municipal courts can not. However when defendants appeal cases from Municipal Court to County Court they can get a jury trial there. This will clog the system greatly. I would be ok with 2626 if they would just cut the jail time back to 6 months.

Anonymous said...

I'm for returning to the 30s when a group of men in town whupped the shit out of anybody who abused his wife or children.

We can still do it, just more quietly.

Screw due process.

Anonymous said...

I am amazed at how many women have had this happen to them and suffer quietly. Rich and poor. They are so ashamed they won't talk about it. The smart ones get away and the ones that don't know their lives are at stake think it will stop somehow.
I never see ads for hotlines or shelters. How do domestic violence victims even know where to turn if they want to get help?

Kingfish said...

This post aged really well. This bill saved the Mardis case.


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