§ 14-68. Domestic violence; sentencing.

(a)

Definitions.

(1)

Domestic violence means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. "Domestic violence" also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.

(2)

Intimate relationship means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of a child regardless of whether the persons have been married or have lived together at any time.

(b)

Domestic violence; sentencing.

(1)

Domestic violence probation, treatment. If the court places any person on probation who is convicted of any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, the person shall be ordered, as a condition of probation, to complete a treatment evaluation and treatment program that has been approved by the state domestic violence offender management board or other similar board created by statutes of the state. Nothing in this section shall preclude the court from ordering such treatment in any appropriate case.

(2)

Habitual domestic violence offender. Any municipal violation that includes an act of domestic violence is a class 1 offense if the defendant at the time of sentencing has been previously convicted of two (2) or more prior offenses that included an act of domestic violence and that were separately brought and tried and arising out of separate criminal episodes.

a.

The prior convictions must be set forth in a special allegation filed by the prosecuting attorney. For the purposes of this section, "conviction" includes any federal, state, or municipal conviction for a felony, misdemeanor, or municipal ordinance violation.

b.

For trials in cases alleging that the defendant is a habitual domestic violence offender pursuant to this subsection (2), the trier of fact shall determine whether an offense charged includes an act of domestic violence.

c.

Following a conviction for an offense which underlying factual basis includes an act of domestic violence:

1.

If any prior conviction included a determination by a jury or was admitted by the defendant that the offense included an act of domestic violence, the court shall proceed to sentencing without further findings as to that prior conviction by the jury or by the court, if no jury trial was had;

2.

For any prior conviction in which the factual basis was found by the court to include an act of domestic violence, but did not include a finding of domestic violence by a jury or that was not admitted by the defendant, the trial court shall proceed to a sentencing stage of the proceedings. The prosecution shall present evidence to the trier of fact that the prior conviction included an act of domestic violence. The prosecution has the burden of proof beyond a reasonable doubt.

3.

At the sentencing stage referenced in paragraph 2 of this sub-subsection c. the following applies:

i.

A finding of domestic violence made by a court at the time of the prior conviction constitutes prima facie evidence that the crime involved domestic violence;

ii.

Evidence of the prior conviction is admissible through the use of certified documents under seal, or the court may take judicial notice of a prior conviction;

iii.

Evidence admitted at the guilt stage of the trial, including testimony of the defendant and other acts admitted at trial, may be considered by the finder of fact.

d.

Any person convicted as an habitual domestic violence offender under this subsection (2) for a third or subsequent domestic violence offense shall, for each offense, be sentenced in accordance with the provisions of section 1-14 of this Code.

(Ord. No. 227-94, § 1, 3-21-94; Ord. No. 448-01, § 1, 5-29-01; Ord. No. 0134-17, § 2, 2-27-17; Ord. No. 513-17, § 3, 5-22-17)