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March 17, 2010 | Government Editor | Comments 1

Senate approves its version of Amanda’s Bill

Amanda Ross

Amanda Ross

By Jack Brammer and Beth Musgrave - jbrammer@herald-leader.com

FRANKFORT — Under the vigilant eye of a grieving mother, the state Senate approved a bill Wednesday to help protect domestic violence victims.

Moments afterward, the mother of a Lexington woman whose murder shocked the state last year called the vote “a clear validation of the compelling need to improve protections for victims of domestic violence.”

Diana Ross, mother of Amanda Ross, told reporters in a soft voice outside the Senate chamber that House Speaker Greg Stumbo and other supporters of the bill “wanted to use the tragedy that ended Amanda’s life to make a difference for others.

“So today, we stand by this goal,” Ross said. “We remain vigilant while allowing the legislative process to finish their important work.”

It’s not clear if the House will accept myriad changes to the bill made by the Senate, which some victim advocates called “a travesty.” Stumbo said he will be meeting with interested legislators and advocacy groups to “see what they have to say” about House Bill 1.

If the House does not accept the changes, a conference committee of leaders from both chambers would be formed to attempt a compromise.

Among other things, the bill would allow judges to order electronic tracking devices for some who pose a threat of domestic violence.

Although the original version of House Bill 1 would have allowed judges to order electronic monitoring for most anyone under a domestic violence order, the Senate’s revised version would require violation of a domestic violence order before using electronic monitoring.

Stumbo, D-Prestonsburg, proposed the bill in the wake of last September’s shooting death of state worker Amanda Ross outside her Lexington home.

Amanda Ross’ ex-fiance, former state Rep. Steve Nunn of Glasgow, has been charged with her murder and has pleaded not guilty. Ross had sought court protection from Nunn before she was gunned down outside her home.

Many of those who work with victims and those accused of domestic violence have concerns about the Senate’s version of the bill.

“It’s a travesty,” said Mike Finucane, the director of the Family Violence Project in Lexington, which offers treatment for those accused of domestic violence. “It creates more burdens for women who want to get a protective order.”

Finucane said the Senate version of the bill would require judges to read the penalties for perjury during domestic violence order hearings.

“There is an assumption that these women are all liars,” Finucane said. “There is no other civil or criminal procedure that requires that the penalties for perjury are read.”

Sherry Currens, the executive director of the Kentucky Domestic Violence Association, said the group appreciates how hard the Senate worked on the measure, but “some more tweaking needs to be done.”

Currens said she believes a proposal that would allow dating partners to seek protection in the domestic violence courts should be included in any final version of the bill. “We just hope that it can be fixed,” she said.

Though all 38 senators voted for the bill, some said the bill should do more.

The measure “doesn’t go as far as I or the Ross family had hoped it would go but it’s a good start,” said Senate Minority Leader Ed Worley, D-Richmond. “In time, we will get this right.”

When Diana Ross was asked if she wished the bill would do more, Dale Emmons, a friend of the Ross family, said, “This is a deliberative process. You don’t always get everything you ask for.”

But Emmons said the family appreciates all the attention the legislature has given to the issue.

Sen. Kathy Stein, D-Lexington, said she regretted that the bill did not cover dating partners, and Sen. Robin Webb, a Democrat from Grayson who said she was a survivor of domestic violence, said the measure was “not perfect but a good start.”

Senate President David Williams, R-Burkesville, said he did not know if the bill would have prevented “the tragedy in Lexington,” but added that everyone needs to be on guard to protect victims.

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Filed Under: KY General AssemblyState Government

About the Author: John Stamper is the government and education editor for the Lexington Herald-Leader. A native of Monticello, Ky., he has been with the Herald-Leader in a variety of roles since graduating from Western Kentucky University in 2000. Reach him at jstamper@herald-leader.com

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  1. Running a close second to the Ross tragedy is the tragedy resulting from the actions of a snake oil peddler. Stumbo with the backing of his cronies, other politicians seeking only votes, the media, those who support unjust legislation, and those who are ignorant of the issue support this criminal legislation which will harshly punish a man, based solely on the very likely false accusation of a woman. The Senate Judiciary Committee, judges, and other experts found Stumbo’s theatrical stunt to be unconstitutional, because it would impose severe punishment on men not convicted of a crime. The senate has now sent back to the house, proposed legislation that is just and meaningful in the prevention of abuse. Fanatics, such as Mike Finucane states that women, possibly liars, should not be made aware of the fact that perjury is a crime with punishments. He abhors the thought of a woman having to face any burden in obtaining a DVO, just give her one at the door, no questions asked.

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