AN ACT TO PROVIDE THAT A JUDGE SHALL DETERMINE THE CONDITIONS OF PRETRIAL RELEASE FOR A DEFENDANT CHARGED WITH A DOMESTIC VIOLENCE OFFENSE WHEN THE DEFENDANT IS OR HAS BEEN IN A DATING RELATIONSHIP WITH THE VICTIM, AND TO INCLUDE IN THE LIST OF AGGRAVATING FACTORS THAT THE DEFENDANT KNEW OR SHOULD HAVE KNOWN THAT A MINOR WAS WITNESSING THE CRIME BY SIGHT OR HEARING.
Amends GS 15A-534.1 to provide that when a defendant has been charged with a specific domestic violence offense against a person with whom the defendant is or has been in a dating relationship, as defined in GS 50B-1(b)(6), with domestic criminal trespass, or with violation of an order entered pursuant to GS Chapter 50B, Domestic Violence, a judge will determine the conditions of pretrial release (previously, did not include persons with whom the defendant is or has been dating in the list).
Amends GS 15A-1340.16 to add to the list of aggravating factors that can be considered in determining whether to impose an aggravated sentence, that it is an aggravating factor when a defendant knew or reasonably should have known that a person under the age of 18 who was not involved in the commission of the offense witnessed the offense by sight or hearing.
Effective December 1, 2015, applying to offenses committed on or after that date.
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