Amends TCA Title 36; Title 38; Title 39 and Title 40.
Present law requires a law enforcement officer to take certain actions when responding to a domestic abuse call, such as advise the victim of a shelter or other service in the community or offer to transport the victim to a place of safety. This bill also requires the law enforcement officer to, if the officer makes an arrest, ask if the victim wants the defendant to be required to wear a global positioning monitoring system device as a condition of bail and have the victim indicate the victim's response on the victim of domestic abuse form. This bill also: (1) Requires a magistrate to impose as condition of bail the defendant to carry or wear a global positioning monitoring system device and pay, with exceptions, the costs associated with such system in relation to that defendant if a defendant is arrested for any of the following and the victim has indicated on the victim of domestic abuse form that the victim wants the defendant to be required to wear such system as a condition of bail: (A) Any criminal offense defined under the present law provisions for offenses against the person, in which the victim of the offense is a domestic violence victim; or (B) A violation of an order of protection as authorized under the present law domestic abuse provisions; and (2) Provides that an entity operating a global positioning monitoring system will not be civilly liable for any claim for injuries to or death of a victim resulting from actions taken by a defendant while the defendant is required to use such system pursuant to the present law global positioning monitoring system as a condition of bail provision.
Present law requires a law enforcement officer to take certain actions when responding to a domestic abuse call, such as advise the victim of a shelter or other service in the community or offer to transport the victim to a place of safety. This bill also requires the law enforcement officer to, if the officer makes an arrest, ask if the victim wants the defendant to be required to wear a global positioning monitoring system device as a condition of bail and have the victim indicate the victim's response on the victim of domestic abuse form. This bill also: (1) Requires a magistrate to impose as condition of bail the defendant to carry or wear a global positioning monitoring system device and pay, with exceptions, the costs associated with such system in relation to that defendant if a defendant is arrested for any of the following and the victim has indicated on the victim of domestic abuse form that the victim wants the defendant to be required to wear such system as a condition of bail: (A) Any criminal offense defined under the present law provisions for offenses against the person, in which the victim of the offense is a domestic violence victim; or (B) A violation of an order of protection as authorized under the present law domestic abuse provisions; and (2) Provides that an entity operating a global positioning monitoring system will not be civilly liable for any claim for injuries to or death of a victim resulting from actions taken by a defendant while the defendant is required to use such system pursuant to the present law global positioning monitoring system as a condition of bail provision.
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