Working to transform the child welfare system.

SB 5618: Concerning arrest of sixteen and seventeen year olds for domestic violence assault

SB 5618 would amend current statute to allow a police officer to, at the request of a parent or guardian, arrest the sixteen or seventeen year old child of that parent or guardian if the officer has probable cause to believe that the child has assaulted a family or household member if the officer believes: (a) A felonious assault has occurred; (b) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (c) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Additionally, in making the determination to arrest, the officer has to consider: (i) The intent to protect victims of domestic violence; (ii) the extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence or stalking of each person involved, including whether the conduct was part of an ongoing pattern of abuse.

The bill also takes out provisions requiring a juvenile detention facility to book into detention any person under age eighteen brought to that detention facility pursuant to an arrest for assaulting a family or household member.