SB 1120 - Under this act, when a victim of a sexual offense initially makes a report of such offense to a law enforcement officer or a prosecuting attorney, it shall be the duty of such officer or attorney to inform the victim that he or she has the right to request a no contact order be issued against the alleged perpetrator. If the victim requests such an order, the law enforcement officer or the prosecuting attorney shall notify the judge or the officer or prosecuting attorney who will be seeking a warrant from the judge in the sexual assault case that the victim is requesting that a no contact order be issued.
When a judge issues an arrest warrant for a person alleged to have committed a sexual offense, if a victim has requested a no contact order, the judge shall issue one at the same time. The order shall remain in effect until the criminal case is concluded. Any defendant who knowingly violates a no contact order shall be guilty of a Class C felony. It is prima facie evidence that the defendant knowingly violated the order if the defendant was served with the order prior to the violation.
In any criminal case where a sexual offense is alleged, no police reports, court documents, witness statements, or other documents shall knowingly be released to the defendant or his or her counsel unless the victim's contact information has been redacted. The prosecuting attorney's address and phone number shall be given in place of the victim's information. Any violation of these release requirements shall be a Class C felony.
Any contact requested with the alleged victim as part of preparation for trial by the defendant, if he or she is pro se, or by the defendant's attorney shall be made through the prosecuting or circuit attorney's office. Upon receiving the request, the prosecuting attorney shall set up a time for the parties to meet in a mutual setting. At no time shall the victim be required to answer questions regarding his or her contact information.
SUSAN HENDERSON MOORE