SENATE BILL NO. 1234

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S1234aa..............................................by JUDICIARY AND RULES
DOMESTIC VIOLENCE - Amends existing law to provide that persons who plead
guilty to or have been found guilty of misdemeanor domestic violence who
have previously pled guilty to or been found guilty of misdemeanor domestic
violence  or of any substantially conforming foreign criminal violation
within fifteen years of the first conviction shall be guilty of a felony;
to set forth punishment for persons who previously have pled guilty to or
been found guilty of a felony domestic violence violation or of any
substantially conforming foreign criminal felony violations and who pled
guilty to or are found guilty of a further violation within fifteen years;
to define "substantially conforming foreign criminal violation"; and to
provide for a determination by the court.
                                                                        
01/27    Senate intro - 1st rdg - to printing
01/28    Rpt prt - to Jud
02/05    Rpt out - to 14th Ord
02/19    Rpt out amen - to engros
02/20    Rpt engros - 1st rdg - to 2nd rdg as amen
02/23    2nd rdg - to 3rd rdg as amen
02/26    3rd rdg as amen - PASSED - 24-0-11
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Malepeai, Marley, McKenzie, McWilliams,
      Richardson, Sorensen, Stegner, Stennett
      NAYS -- None
      Absent and excused -- Davis, Gannon, Little, Lodge, Noble, Noh,
      Pearce, Schroeder, Sweet, Werk, Williams
    Floor Sponsors - Bunderson & Burkett
    Title apvd - to House
02/27    House intro - 1st rdg - to Jud
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 62-0-8
      AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Denney, Douglas, Eberle, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk,
      Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
      Mitchell, Moyle, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,
      Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Trail, Mr. Speaker
      NAYS -- None
      Absent and excused -- Barrett, Deal, Edmunson, Harwood, Lake,
      Naccarato, Wills, Wood
    Floor Sponsor - Ridinger
    Title apvd - to Senate
03/10    To enrol
03/11    Rpt enrol - Pres signed
03/12    Sp signed
03/15    To Governor
03/19    Governor signed
         Session Law Chapter 118
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1234
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DOMESTIC VIOLENCE; AMENDING SECTION 18-918, IDAHO  CODE,  TO  MAKE
  3        TECHNICAL CHANGES, TO PROVIDE CLARIFYING LANGUAGE, TO SET FORTH PUNISHMENT
  4        FOR  SECOND AND THIRD CONVICTIONS OF MISDEMEANOR DOMESTIC VIOLENCE OR SUB-
  5        STANTIALLY CONFORMING FOREIGN CRIMINAL VIOLATIONS NOTWITHSTANDING THE FORM
  6        OF THE JUDGMENT OR WITHHELD JUDGMENT, TO SET FORTH PUNISHMENT FOR  PERSONS
  7        WHO  HAVE  PLED  GUILTY OR BEEN FOUND GUILTY OF A FELONY DOMESTIC VIOLENCE
  8        VIOLATION OR OF  ANY  SUBSTANTIALLY  CONFORMING  FOREIGN  CRIMINAL  FELONY
  9        VIOLATION  NOTWITHSTANDING  THE  FORM OF THE JUDGMENT OR WITHHELD JUDGMENT
 10        AND WHO PLEAD GUILTY OR ARE FOUND GUILTY OF  A  FURTHER  VIOLATION  WITHIN
 11        FIFTEEN YEARS, TO DEFINE "SUBSTANTIALLY CONFORMING FOREIGN CRIMINAL VIOLA-
 12        TION" AND TO PROVIDE FOR A DETERMINATION BY THE COURT.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION  1.  That  Section  18-918, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        18-918.  DOMESTIC VIOLENCE. (1) For the purpose of this section,:
 17        (a)  "H"household member" means a person who is a spouse,  former  spouse,
 18        or a person who has a child in common regardless of whether they have been
 19        married  or a person with whom a person is cohabiting, whether or not they
 20        have married or have held themselves out to be husband or wife.
 21        (2b)  As used in this section, "t"Traumatic injury" means a  condition  of
 22        the  body,  such  as  a wound or external or internal injury, whether of a
 23        minor or serious nature, caused by physical force.
 24        (32)  (a)  Any household member who commits a battery, as defined in  sec-
 25        tion 18-903, Idaho Code, and willfully and unlawfully inflicts a traumatic
 26        injury upon any other household member is guilty of a felony.
 27        (b)  A conviction of felony domestic battery is punishable by imprisonment
 28        in  the  state prison for a term not to exceed ten (10) years or by a fine
 29        not to exceed ten thousand dollars ($10,000) or by both fine and imprison-
 30        ment.
 31        (43)  (a)  A household member who commits an assault, as defined  in  sec-
 32        tion  18-901,  Idaho Code, against another household member which does not
 33        result in traumatic injury is guilty of a misdemeanor domestic assault.
 34        (5b)  A household member who commits a  battery,  as  defined  in  section
 35        18-903, Idaho Code, against another household member which does not result
 36        in traumatic injury is guilty of a misdemeanor domestic battery.
 37        (6)    A  conviction of felony domestic battery is punishable by imprison-
 38    ment in the state prison for a term not to exceed ten (10) years or by a  fine
 39    not to exceed ten thousand dollars ($10,000) or by both fine and imprisonment.
 40        (7c)  (a) Upon  a  A  first conviction, the  crime of misdemeanor domestic
 41        assault or battery under this subsection (3) is punishable by a  fine  not
 42        exceeding  one  thousand  dollars  ($1,000) or by imprisonment in a county
 43        jail not to exceed six (6) months, or both.   Upon  a  second  conviction,
                                                                        
                                           2
                                                                        
  1        under this subsection (3) or of any substantially conforming foreign crim-
  2        inal violation, notwithstanding the form of the judgment or withheld judg-
  3        ment,  within  ten  (10) years of the first conviction, the person so con-
  4        victed shall  be punished by imprisonment in the county jail  for  a  term
  5        not to exceed one (1) year or by a fine not exceeding two thousand dollars
  6        ($2,000) or by both fine and imprisonment. Upon a third or subsequent con-
  7        viction  under this subsection (3) or of any substantially conforming for-
  8        eign criminal violation or any combination  thereof,  notwithstanding  the
  9        form  of  the  judgment or withheld judgment, within fifteen (15) years of
 10        the first conviction, the person so convicted shall be guilty of a  felony
 11        and  shall  be punished by imprisonment in the state prison for a term not
 12        to exceed five (5) years or by a fine not to exceed five thousand  dollars
 13        ($5,000) or by both fine and imprisonment.
 14        (b4)  The  maximum  penalties  provided  in  this section shall be doubled
 15    where the act of domestic assault or battery for which the person is convicted
 16    or pleads guilty took place in the presence of a child. For purposes  of  this
 17    section,  "in  the  presence  of  a child" means in the physical presence of a
 18    child or knowing that a child is present and may see or hear an act of  domes-
 19    tic  assault  or battery. For purposes of this section, "child" means a person
 20    under sixteen (16) years of age.
 21        (5)  Notwithstanding any other provisions of this section, any person  who
 22    has  pled  guilty  to or been found guilty of a felony violation of the provi-
 23    sions of this section or of any substantially conforming foreign criminal fel-
 24    ony violation, notwithstanding the form of the judgment or withheld  judgment,
 25    and  who  within fifteen (15) years pleads guilty to or is found guilty of any
 26    further violation of this section, shall be guilty of a felony  and  shall  be
 27    punished by imprisonment in the state prison for a term not to exceed ten (10)
 28    years  or  by  a fine not to exceed ten thousand dollars ($10,000), or by both
 29    such fine and imprisonment.
 30        (6)  For the purposes of this section, a substantially conforming  foreign
 31    criminal  violation  exists  when  a  person  has pled guilty to or been found
 32    guilty of a violation of any federal law or law of another state, or any valid
 33    county, city or town ordinance of another state, substantially conforming with
 34    the provisions of this section. The determination of whether a foreign  crimi-
 35    nal  violation  is  substantially conforming is a question of law to be deter-
 36    mined by the court.
 37        (87)  (a) Any person who pleads guilty to or is found guilty of  a  viola-
 38        tion of this section shall undergo, at the person's own expense, an evalu-
 39        ation  by a person, agency or organization approved by the court in accor-
 40        dance with subsection (c) of this section to determine whether the defend-
 41        ant should be required to obtain aggression counseling or other  appropri-
 42        ate  treatment. Such evaluation shall be completed prior to the sentencing
 43        date if the court's list of approved evaluators, in accordance  with  sub-
 44        section  (c)  of this section, contains evaluators who are able to perform
 45        the evaluation prior to the sentencing dates. If the evaluation recommends
 46        counseling or other treatment, the evaluation shall recommend the type  of
 47        counseling or treatment considered appropriate for the defendant, together
 48        with  the  estimated costs thereof, and shall recommend any other suitable
 49        alternative counseling or treatment programs, together with the  estimated
 50        costs  thereof.  The  defendant shall request that a copy of the completed
 51        evaluation be forwarded to the court. The court shall take the  evaluation
 52        into  consideration  in  determining an appropriate sentence. If a copy of
 53        the completed evaluation has not been provided to the court, the court may
 54        proceed to sentence the defendant; however, in such  event,  it  shall  be
 55        presumed  that counseling is required unless the defendant makes a showing
                                                                        
                                           3
                                                                        
  1        by a preponderance of evidence that counseling is  not  required.  If  the
  2        defendant  has  not made a good faith effort to provide the completed copy
  3        of the evaluation to the court, the court may consider the failure of  the
  4        defendant  to provide the report as an aggravating circumstance  in deter-
  5        mining an appropriate  sentence.  If  counseling  or  other  treatment  is
  6        ordered,  in  no  event shall the person, agency or organization doing the
  7        evaluation be the person, agency or organization that provides  the  coun-
  8        seling  or  other  treatment unless this requirement is waived by the sen-
  9        tencing court, with the exception of federally recognized Indian tribes or
 10        federal military installations, where diagnosis and treatment  are  appro-
 11        priate  and  available. Nothing herein contained shall preclude the use of
 12        funds authorized for court-ordered counseling  or  treatment  pursuant  to
 13        this section for indigent defendants as provided by law. In the event that
 14        funding  is  provided  for or on behalf of the defendant by a governmental
 15        entity, the defendant shall be ordered to make restitution to such govern-
 16        mental entity in accordance with the restitution procedure for crime  vic-
 17        tims, as specified under chapter 53, title 19, Idaho Code.
 18        (b)  If the evaluation recommends counseling or other treatment, the court
 19        shall  order  the  person to complete the counseling or other treatment in
 20        addition to any other sentence which may be imposed. If the  court  deter-
 21        mines  that counseling or treatment would be inappropriate or undesirable,
 22        the court shall enter findings articulating the reasons for such  determi-
 23        nation  on the record. The court shall order the defendant to complete the
 24        preferred counseling or treatment program set forth in the evaluation,  or
 25        a comparable alternative, unless it appears that the defendant cannot rea-
 26        sonably  obtain adequate financial resources for such counseling or treat-
 27        ment. In that event, the court may order the defendant to complete a  less
 28        costly  alternative  set  forth in the evaluation or a comparable program.
 29        Nothing contained in this subsection shall be  construed  as  requiring  a
 30        court  to  order  that  counseling  or treatment be provided at government
 31        expense unless otherwise required by law.
 32        (c)  Each judicial district shall by rule establish a uniform  system  for
 33        the  qualification  and  approval of persons, agencies or organizations to
 34        perform the  evaluations  required  in  this  subsection.  Only  qualified
 35        evaluators approved by the court shall be authorized to perform such eval-
 36        uations.  Funds  to establish a system for approval of evaluators shall be
 37        derived from moneys designated therefor  and  deposited  in  the  district
 38        court fund as provided in section 31-3201A(q), Idaho Code.
 39        (d)  Counseling  or  treatment  ordered  pursuant to this section shall be
 40        conducted according to standards established  or  approved  by  the  Idaho
 41        council on domestic violence.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Richardson          
                                                                        
                                                     Seconded by Bunderson           
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1234
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 43, delete "Upon a  second  convic-
  3    tion,"  and insert: "Upon a second conviction, Any person who pleads guilty to
  4    or is found guilty of a violation of"; on page 2, in line 1,  delete  "under",
  5    and also in line 1, following "(3)" insert: "who previously has pled guilty to
  6    or  been  found  guilty  of  a  violation of this subsection (3),"; in line 3,
  7    delete "the person so con-" and in line 4, delete "victed"  and  insert:  "the
  8    person  so  convicted shall be guilty of a misdemeanor and"; in line 6, delete
  9    "Upon a third or subsequent con-" and in line 7, delete  "viction  under"  and
 10    insert: "Upon a third or subsequent conviction Any person who pleads guilty to
 11    or  is  found  guilty  of a violation of", and also in line 7, following "(3)"
 12    insert: "who previously has pled guilty to or been found  guilty  of  two  (2)
 13    violations  of  this  subsection (3),"; in line 10, delete "the person so con-
 14    victed" and insert: "the person so convicted"; and in line 21, following "who"
 15    insert: "previously".
                                                                        
 16                                 CORRECTIONS TO TITLE
 17        On page 1, delete line 4 and insert: "FOR PERSONS WHO PLEAD GUILTY  TO  OR
 18    HAVE  BEEN  FOUND  GUILTY OF MISDEMEANOR DOMESTIC VIOLENCE WHO HAVE PREVIOUSLY
 19    PLED GUILTY TO OR BEEN FOUND GUILTY OF MISDEMEANOR DOMESTIC VIOLENCE OR SUB-";
 20    and in line 7, following "WHO" insert: "PREVIOUSLY".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1234, As Amended
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DOMESTIC VIOLENCE; AMENDING SECTION 18-918, IDAHO  CODE,  TO  MAKE
  3        TECHNICAL CHANGES, TO PROVIDE CLARIFYING LANGUAGE, TO SET FORTH PUNISHMENT
  4        FOR  PERSONS  WHO PLEAD GUILTY TO OR HAVE BEEN FOUND GUILTY OF MISDEMEANOR
  5        DOMESTIC VIOLENCE WHO HAVE PREVIOUSLY PLED GUILTY TO OR BEEN FOUND  GUILTY
  6        OF MISDEMEANOR DOMESTIC VIOLENCE OR SUBSTANTIALLY CONFORMING FOREIGN CRIM-
  7        INAL VIOLATIONS NOTWITHSTANDING THE FORM OF THE JUDGMENT OR WITHHELD JUDG-
  8        MENT,  TO SET FORTH PUNISHMENT FOR PERSONS WHO PREVIOUSLY HAVE PLED GUILTY
  9        OR BEEN FOUND GUILTY OF A FELONY DOMESTIC VIOLENCE  VIOLATION  OR  OF  ANY
 10        SUBSTANTIALLY CONFORMING FOREIGN CRIMINAL FELONY VIOLATION NOTWITHSTANDING
 11        THE  FORM OF THE JUDGMENT OR WITHHELD JUDGMENT AND WHO PLEAD GUILTY OR ARE
 12        FOUND GUILTY OF A  FURTHER  VIOLATION  WITHIN  FIFTEEN  YEARS,  TO  DEFINE
 13        "SUBSTANTIALLY CONFORMING FOREIGN CRIMINAL VIOLATION" AND TO PROVIDE FOR A
 14        DETERMINATION BY THE COURT.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION  1.  That  Section  18-918, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        18-918.  DOMESTIC VIOLENCE. (1) For the purpose of this section,:
 19        (a)  "H"household member" means a person who is a spouse,  former  spouse,
 20        or a person who has a child in common regardless of whether they have been
 21        married  or a person with whom a person is cohabiting, whether or not they
 22        have married or have held themselves out to be husband or wife.
 23        (2b)  As used in this section, "t"Traumatic injury" means a  condition  of
 24        the  body,  such  as  a wound or external or internal injury, whether of a
 25        minor or serious nature, caused by physical force.
 26        (32)  (a)  Any household member who commits a battery, as defined in  sec-
 27        tion 18-903, Idaho Code, and willfully and unlawfully inflicts a traumatic
 28        injury upon any other household member is guilty of a felony.
 29        (b)  A conviction of felony domestic battery is punishable by imprisonment
 30        in  the  state prison for a term not to exceed ten (10) years or by a fine
 31        not to exceed ten thousand dollars ($10,000) or by both fine and imprison-
 32        ment.
 33        (43)  (a)  A household member who commits an assault, as defined  in  sec-
 34        tion  18-901,  Idaho Code, against another household member which does not
 35        result in traumatic injury is guilty of a misdemeanor domestic assault.
 36        (5b)  A household member who commits a  battery,  as  defined  in  section
 37        18-903, Idaho Code, against another household member which does not result
 38        in traumatic injury is guilty of a misdemeanor domestic battery.
 39        (6)    A  conviction of felony domestic battery is punishable by imprison-
 40    ment in the state prison for a term not to exceed ten (10) years or by a  fine
 41    not to exceed ten thousand dollars ($10,000) or by both fine and imprisonment.
 42        (7c)  (a) Upon  a  A  first  conviction, the crime of misdemeanor domestic
 43        assault or battery under this subsection (3) is punishable by a  fine  not
                                                                        
                                           2
                                                                        
  1        exceeding  one  thousand  dollars  ($1,000) or by imprisonment in a county
  2        jail not to exceed six (6) months, or both. Upon a second conviction,  Any
  3        person who pleads guilty to or is found guilty of a violation of this sub-
  4        section  (3)  who  previously has pled guilty to or been found guilty of a
  5        violation of this subsection (3), or of any substantially conforming  for-
  6        eign criminal violation, notwithstanding the form of the judgment or with-
  7        held  judgment,  within ten (10) years of the first conviction, the person
  8        so convicted shall be guilty of a misdemeanor and  shall  be  punished  by
  9        imprisonment  in  the county jail for a term not to exceed one (1) year or
 10        by a fine not exceeding two thousand dollars ($2,000) or by both fine  and
 11        imprisonment.  Upon a third or subsequent conviction Any person who pleads
 12        guilty to or is found guilty of a violation of  this  subsection  (3)  who
 13        previously  has  pled guilty to or been found guilty of two (2) violations
 14        of this subsection (3), or of any substantially conforming foreign  crimi-
 15        nal  violation or any combination thereof, notwithstanding the form of the
 16        judgment or withheld judgment, within fifteen (15) years of the first con-
 17        viction, the person so convicted shall be guilty of a felony and shall  be
 18        punished by imprisonment in the state prison for a term not to exceed five
 19        (5)  years or by a fine not to exceed five thousand dollars ($5,000) or by
 20        both fine and imprisonment.
 21        (b4)  The maximum penalties provided in  this  section  shall  be  doubled
 22    where the act of domestic assault or battery for which the person is convicted
 23    or  pleads  guilty took place in the presence of a child. For purposes of this
 24    section, "in the presence of a child" means in  the  physical  presence  of  a
 25    child  or knowing that a child is present and may see or hear an act of domes-
 26    tic assault or battery. For purposes of this section, "child" means  a  person
 27    under sixteen (16) years of age.
 28        (5)  Notwithstanding  any other provisions of this section, any person who
 29    previously has pled guilty to or been found guilty of a  felony  violation  of
 30    the  provisions  of  this  section  or of any substantially conforming foreign
 31    criminal felony violation, notwithstanding the form of the judgment  or  with-
 32    held  judgment, and who within fifteen (15) years pleads guilty to or is found
 33    guilty of any further violation of this section, shall be guilty of  a  felony
 34    and  shall  be  punished by imprisonment in the state prison for a term not to
 35    exceed ten (10) years or  by  a  fine  not  to  exceed  ten  thousand  dollars
 36    ($10,000), or by both such fine and imprisonment.
 37        (6)  For  the purposes of this section, a substantially conforming foreign
 38    criminal violation exists when a person has  pled  guilty  to  or  been  found
 39    guilty of a violation of any federal law or law of another state, or any valid
 40    county, city or town ordinance of another state, substantially conforming with
 41    the  provisions of this section. The determination of whether a foreign crimi-
 42    nal violation is substantially conforming is a question of law  to  be  deter-
 43    mined by the court.
 44        (87)  (a) Any  person  who pleads guilty to or is found guilty of a viola-
 45        tion of this section shall undergo, at the person's own expense, an evalu-
 46        ation by a person, agency or organization approved by the court in  accor-
 47        dance with subsection (c) of this section to determine whether the defend-
 48        ant  should be required to obtain aggression counseling or other appropri-
 49        ate treatment. Such evaluation shall be completed prior to the  sentencing
 50        date  if  the court's list of approved evaluators, in accordance with sub-
 51        section (c) of this section, contains evaluators who are able  to  perform
 52        the evaluation prior to the sentencing dates. If the evaluation recommends
 53        counseling  or other treatment, the evaluation shall recommend the type of
 54        counseling or treatment considered appropriate for the defendant, together
 55        with the estimated costs thereof, and shall recommend any  other  suitable
                                                                        
                                           3
                                                                        
  1        alternative  counseling or treatment programs, together with the estimated
  2        costs thereof. The defendant shall request that a copy  of  the  completed
  3        evaluation  be forwarded to the court. The court shall take the evaluation
  4        into consideration in determining an appropriate sentence. If  a  copy  of
  5        the completed evaluation has not been provided to the court, the court may
  6        proceed  to  sentence  the  defendant; however, in such event, it shall be
  7        presumed that counseling is required unless the defendant makes a  showing
  8        by  a  preponderance  of  evidence that counseling is not required. If the
  9        defendant has not made a good faith effort to provide the  completed  copy
 10        of  the evaluation to the court, the court may consider the failure of the
 11        defendant to provide the report as an aggravating circumstance  in  deter-
 12        mining  an  appropriate  sentence.  If  counseling  or  other treatment is
 13        ordered, in no event shall the person, agency or  organization  doing  the
 14        evaluation  be  the person, agency or organization that provides the coun-
 15        seling or other treatment unless this requirement is waived  by  the  sen-
 16        tencing court, with the exception of federally recognized Indian tribes or
 17        federal  military  installations, where diagnosis and treatment are appro-
 18        priate and available. Nothing herein contained shall preclude the  use  of
 19        funds  authorized  for  court-ordered  counseling or treatment pursuant to
 20        this section for indigent defendants as provided by law. In the event that
 21        funding is provided for or on behalf of the defendant  by  a  governmental
 22        entity, the defendant shall be ordered to make restitution to such govern-
 23        mental  entity in accordance with the restitution procedure for crime vic-
 24        tims, as specified under chapter 53, title 19, Idaho Code.
 25        (b)  If the evaluation recommends counseling or other treatment, the court
 26        shall order the person to complete the counseling or  other  treatment  in
 27        addition  to  any other sentence which may be imposed. If the court deter-
 28        mines that counseling or treatment would be inappropriate or  undesirable,
 29        the  court shall enter findings articulating the reasons for such determi-
 30        nation on the record. The court shall order the defendant to complete  the
 31        preferred  counseling or treatment program set forth in the evaluation, or
 32        a comparable alternative, unless it appears that the defendant cannot rea-
 33        sonably obtain adequate financial resources for such counseling or  treat-
 34        ment.  In that event, the court may order the defendant to complete a less
 35        costly alternative set forth in the evaluation or  a  comparable  program.
 36        Nothing  contained  in  this  subsection shall be construed as requiring a
 37        court to order that counseling or  treatment  be  provided  at  government
 38        expense unless otherwise required by law.
 39        (c)  Each  judicial  district shall by rule establish a uniform system for
 40        the qualification and approval of persons, agencies  or  organizations  to
 41        perform  the  evaluations  required  in  this  subsection.  Only qualified
 42        evaluators approved by the court shall be authorized to perform such eval-
 43        uations. Funds to establish a system for approval of evaluators  shall  be
 44        derived  from  moneys  designated  therefor  and deposited in the district
 45        court fund as provided in section 31-3201A(q), Idaho Code.
 46        (d)  Counseling or treatment ordered pursuant to  this  section  shall  be
 47        conducted  according  to  standards  established  or approved by the Idaho
 48        council on domestic violence.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                            RS 13663C1
This legislation will amend the Domestic Violence Statute to qualify a
substantially conforming out of state domestic violence conviction for
purposes of enhancing a subsequent crime of domestic violence in
Idaho.  Under current law, a conviction for domestic violence outside
of Idaho cannot be used to charge a second or third violation that
occurs within Idaho.  Currently, pursuant to I.C.  18-918, a second
conviction for domestic violence within ten (10) years may result in
enhanced or additional misdemeanor penalties.   In addition, a third
conviction under the current code, within fifteen (15) years, may
result in felony penalties up to five (5) years or a fine not to
exceed five thousand dollars ($5000) or both.  This change will allow
a higher level of accountability for an offender who has been
convicted of domestic violence in another state and then moves to
Idaho and continues to commit domestic violence against a household
member.

In addition, this legislation creates felony penalties for an offender
who commits a subsequent crime of domestic violence, within fifteen
(15) years, after having been convicted of felony domestic violence in
Idaho or a substantially conforming out of state felony judgment.  The
penalty for a second felony conviction is a maximum prison sentence of
ten (10) years or a fine of ten thousand dollars ($10,000) or both.  

                         Fiscal Impact

The fiscal impact is difficult to determine with certainty as it will
depend upon the increased number of offenders charged with and
convicted of felony domestic violence.  The impact to the general fund
will be equal to the cost of imprisoning the number of offenders
charged, convicted and sentenced to prison under the revised felony
section of this code.  There is no anticipated impact on the general
or local funds based upon a misdemeanor prosecution under the amended
code.  Currently, prosecutors are proceeding with charges against
these offenders as a first offense of domestic violence.  Therefore,
there would be no increase in costs.  




Contact:
Name: Heather Reilly     
Phone:   (208) 287-7772


STATEMENT OF PURPOSE/FISCAL NOTE                    S 1234