Bill that would tighten penalties for domestic violence offenders advances in House Judiciary Committee

Legislation that would increase minimum jail times for domestic violence offenders advanced in the House Judiciary Committee Thursday.

The bill by Miami Republican Jeanette Nuñez’s (HB 1385) raises the number of required days spent in jail if found guilty from five to 10 days in a first offense; 15 days for the second offense and 20 days for the third offense or anymore thereafter. If the domestic violence happens in front of a child, the bill proposes a first offense would raise the minimum mandate from five to 15 days, 20 for the second offense and 30 days for a third or any subsequent offense, the legislator told committee members.

The bill would also prohibit award of attorney fees in specified domestic violence proceedings, including in cases of injunctions, and prevents a court from adjudicating the offense, except under rare circumstances.

“We want to make sure that there’s no chilling effect in a victim seeking an injunction,” Nunez explained to Dania Beach Democrat Joe Geller. “We feel that perhaps the awarding of attorney’s fees could be an undue burden to that victim.”

The bill would also require first-time offenders to attend a 26-week, so-called “batterers course,” which must be completed. Currently they are only mandated to attend but not complete the program.

“Thank you for the enhanced penalties,” said Opa Locka Democrat Cynthia Stafford. “Usually I don’t support those things, but having worked in this area, I think they’re necessary and needed at this time,” she said in supporting the bill.

The companion bill (SB 1564) in the Senate is sponsored by Hialeah Republican Rene Garcia.