BOSTON — The state Senate passed a bill this week that would make domestic violence a felony punishable by time in prison.
The bill was drafted by Essex Count District Attorney Jonathan Blodgett. If it becomes a law, it would increase the penalty for someone convicted of domestic assault from 2 1/2 years in a county jail to as many as 5 years in state prison. It also greatly broadens the definition of who is a victim of domestic violence.
The Senate passed the bill on Wednesday, but it still has to be approved by the House of Representatives.
As it stands today, someone can be charged with assault and battery, a misdemeanor that carries a 2 1/2 year sentence. There also is a felony assault and battery charge, but that requires either serious bodily harm, an attack on someone who is pregnant or an attach in violation of a court order. If convicted on those charges, the sentence varies from 2 1/2 years in county jail to 5 years in state prison.
Blodgett's bill defines domestic abuse as an assault against a spouse, someone living in the same household, a blood relative or someone with whom the victim had a child in common. It also expands the definition of family member to include someone who has been dating or engaged to the assailant.
The district attorney said his proposal would give prosecutors a stronger weapon against domestic abuse. He said he is particularly targeting repeat offenders who he wants to keep off the streets longer. He said it also could help prevent some abusers from going to the next step - murder.
"Domestic violence is a murder waiting to happen," Blodgett said.
Advocates for victims of domestic violence support the bill.
Candace Waldron, executive director of Help for Abused Women and their Children in Salem, pointed out that there were 14 homicides in Massachusetts in 2005 attributed to domestic violence.
In Massachusetts, there also were 27,813 restraining orders taken out by domestic violence victims in 2004, the most recent year available, according to the Administrative Office of the Trial Court.
Sen. Fred Berry, D-Peabody, was one of the sponsors of Blodgett's bill. "We should not be a society that tolerates spouses hitting spouses," Berry said.
Blodgett's proposal passed the Senate once before, at the end of the 2003-2004 legislative season. The House didn't vote on it because it ran out of time.
This time the bill goes to the House with months to spare. Rep. Barbara L'Italien, D-Andover, whose district includes Boxford, is the lead sponsor of the measure in the House.