Panel advances bill to expand 'great bodily injury' to include concussions, prolonged pain

Senator Cindra Gillespie presented SB 1264, which the sponsor said would expand the statutory definition of "great bodily injury" to include concussions, prolonged pain and injuries affecting more than 10% of a victim’s body, and would make domestic abuse that causes such injury a felony.

During questioning Senator Sandra Brooks asked whether the 10% threshold would be an objective measure like a broken bone; Gillespie and the AG’s office witness said the 10% measure is intended to capture visible, significant injuries but is ultimately subjective and prosecutors would need to prove the element. Macy White house, deputy director in the Attorney General’s office of government affairs, testified that other listed repeals in the bill are statutory cleanup consolidating duplicate sections and that the substantive change is the redefined injury standard.

Senator Wingard asked whether "prolonged pain" has a statutory definition; Macy White house said there is no statutory definition and that prosecutors would have to prove pain that took longer to recover than a typical injury. Gillespie also clarified the intent is to cover physical injuries rather than emotional or psychological harms.

Chair and the sponsor emphasized the bill responds to the state's high domestic-violence fatality rate and said the domestic-violence fatality review board requested the change. A do-pass motion (mover: Chairman Weaver; second: Senator Wingard) passed on a 7–0 roll call and the committee advanced SB 1264.

The committee recorded no amendments to the bill during this hearing.