|
SB 1185 - This act removes the prosecuting attorney from certain actions not directly involving the prosecution of a crime, including bringing suit against a person who has not properly trimmed his or her hedges and appearing on behalf of the director of the Department of Revenue for administrative actions regarding a person's driving privileges. This act repeals the current provision regarding change of venue in a criminal proceeding. Under this act, upon written application of the defendant, a change of venue may be ordered because the inhabitants of the county are prejudiced against the defendant or the state has an undue influence over the county inhabitants. This act sets out the procedure for the defendant to file for a change in venue and for the state to file a denial of the existence of the reasons to justify such change of venue. Provisions requiring the prosecution or county to pay costs when a case is discharged or the defendant is acquitted are repealed. Currently, sexual offenders who commit certain offenses against a child are prohibited from residing within 1,000 feet of a school or child-care facility. This act would prohibit all persons required to register as a sexual offender from residing within such distance of a school or child-care facility. Currently, a person commits the crimes of hindering a prosecution or tampering with physical evidence by committing certain acts. Under this act, attempting to commit such acts constitutes a crime. The crime of hindering prosecution is a Class D felony if the apprehension, prosecution, conviction, or punishment hindered relates to a felony, rather than if the actions taken by the offender constitute a felony in and of themselves. This act specifies that the crime of resisting or interfering with arrest, detention, or stop applies to arrests on warrants issued for probation and parole violations and arrests on capias warrants or bench warrants issued by a federal, state, or municipal judge. Resisting or interfering with an arrest for a probation violation warrant, parole violation warrant, capias warrant, or bench warrant, where such warrant issue was related to a felony, is a Class D felony. Under this act, a person commits the crime of tampering with a judicial proceeding if, with purpose to influence the official action of a prosecuting attorney, he or she threatens or causes harm to any person or property, engages in harassing behavior toward the prosecuting attorney, or offers any benefit to such prosecuting attorney. This act adds incest and sexual exploitation of a minor to the list of offenses for which a person must register as a sexual offender. SUSAN HENDERSON MOORE
|
