2000 Legislation
Print Friendly

SENATE BILL NO. 1292 – Domestic violence orders, service

SENATE BILL NO. 1292

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



S1292................................................by JUDICIARY AND RULES
DOMESTIC VIOLENCE ORDERS - Amends existing law to provide that domestic
violence orders may be served by certified mail if the party has appeared
in person before the court and has waived personal service.
                                                                        
01/20    Senate intro - 1st rdg - to printing
01/21    Rpt prt - to Jud
02/01    Rpt out - rec d/p - to 2nd rdg
02/02    2nd rdg - to 3rd rdg
02/04    3rd rdg - PASSED - 30-0-5
      AYES--Boatright, Bunderson, Burtenshaw, Cameron, Crow, Danielson,
      Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram,
      Ipsen, Keough, King-Barrutia, Lee, Noh, Parry, Richardson, Riggs,
      Risch, Schroeder, Sorensen, Stegner, Thorne, Wheeler, Whitworth,
      Williams
      NAYS--None
      Absent and excused--Andreason, Branch, McLaughlin, Sandy, Stennett
    Floor Sponsor - Davis
    Title apvd - to House
02/07    House intro - 1st rdg - to Jud
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/23    3rd rdg - PASSED - 66-0-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Tilman, Trail, Wheeler, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Crow, Gould, Taylor, Wood
    Floor Sponsor - Pearce
    Title apvd - to Senate
03/24    To enrol
03/27    Rpt enrol - Pres signed - Sp signed
03/28    To Governor
03/29    Governor signed
         Session Law Chapter 72
         Effective: 07/01/00

Bill Text


 S1292
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1292
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DOMESTIC VIOLENCE  CRIME  PREVENTION;  AMENDING  SECTION  39-6310,
  3        IDAHO CODE, TO PROVIDE THAT DOMESTIC VIOLENCE ORDERS MAY BE SERVED BY CER-
  4        TIFIED  MAIL  IF THE PARTY HAS APPEARED IN PERSON BEFORE THE COURT AND HAS
  5        WAIVED PERSONAL SERVICE; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 39-6310, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        39-6310.  ORDER  AND SERVICE. (1) An order issued under this chapter along
 10    with a copy of the petition for a protection order, if the respondent has  not
 11    previously received the petition, shall be personally served upon the respond-
 12    ent, except as provided in subsections (6), (7) and (8) of this section.
 13        (2)  A  peace  officer of the jurisdiction in which the respondent resides
 14    shall serve the respondent personally unless the petitioner elects to have the
 15    respondent served by a private party at the petitioner's own expense.
 16        (3)  If service by a peace officer is to be used, the clerk of  the  court
 17    shall  have  a  copy  of any order issued under this chapter and a copy of the
 18    petition for a protection order, if the respondent has not previously received
 19    the petition, forwarded on or before the next judicial day to the  appropriate
 20    law enforcement agency specified in the order for service upon the respondent.
 21    Service  of  an order issued under this chapter shall take precedence over the
 22    service of other documents unless they are of a similar emergency nature.
 23        (4)  If the peace officer cannot  complete  service  upon  the  respondent
 24    within  ten (10) days, the sheriff or municipal peace officer shall notify the
 25    petitioner. The petitioner shall  provide  information  sufficient  to  permit
 26    notification.
 27        (5)  Returns  of  service  under  this chapter shall be made in accordance
 28    with the applicable court rules.
 29        (6)  If an order entered by the court recites that the respondent appeared
 30    in person before the court and receives a copy of the order, the necessity for
 31    further service is waived and proof of service of that order is not necessary.
 32        (7)  If a party has appeared in person before the  court  and  has  waived
 33    personal  service, the clerk of the court shall complete service of any notice
 34    of hearing for or orders or modifications by certified  mail  to  the  party's
 35    address  as  shown on the court petition which resulted in the issuance of the
 36    order or modification. Parties shall at all times keep the court  informed  of
 37    their current mailing address.
 38        (8)  If  an  out-of-state  protection  order  is registered with the court
 39    under section 39-6306A, Idaho Code,  the  necessity  for  further  service  is
 40    waived and proof of service of that order is not necessary.
                                                                        
 41        SECTION  2.  This  act shall be in full force and effect on and after July
 42    1, 2000.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 09497 

This bill 'is one of a series of bills that the Supreme Court has 
recommended in its annual report of "defects in the laws" to the 
Governor as required under article V, section 25 of the Idaho 
Constitution.  This bill amends I.C. 39-6310(7) which authorizes 
service of court documents by certified mail in domestic violence 
cases when certain conditions have been met, to clarify that 
notices of hearings and court orders or modifications may be served 
by certified mail if the party has previously appeared and waived 
personal service.   I.C.  39-6310(7) presently provides for a service 
by certified mail in respect to ". . ..any notice of hearing for orders 
or modifications..." (emphasis added). The underlined word "for" appears 
to be a typographical error and was intended to be an "or" to allow 
notices of hearing and orders or modifications to be served by certified 
mail when the party has previously appeared and waived personal service.  
This amendment will give effect to the intent expressed in I.C. 39-6310(l) 
that court orders in certain circumstances may be served by certified mail.

                           FISCAL NOTE

It is not anticipated that this bill will have a measurable impact on 
state or local funds. 

Contact Person:Patricia Tobias 
Administrative Director of the Courts
Idaho Supreme Court 
(208) 334-2246

Statement of Purpose/Fiscal Note                                S1292