2000 Legislation
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SENATE BILL NO. 1323, As Amended – No contact order, entered, when

SENATE BILL NO. 1323, As Amended

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Daily Data Tracking History



S1323aa..............................................by JUDICIARY AND RULES
NO CONTACT ORDERS - Amends existing law to provide that a no contact order
may be entered against persons convicted of certain crimes.
                                                                        
01/27    Senate intro - 1st rdg - to printing
01/28    Rpt prt - to Jud
02/10    Rpt out - to 14th Ord
02/11    Rpt out amen - to engros
02/14    Rpt engros - 1st rdg - to 2nd rdg as amen
02/15    2nd rdg - to 3rd rdg as amen
02/21    3rd rdg as amen - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--Crow
    Floor Sponsor - King-Barrutia
    Title apvd - to House
02/22    House intro - 1st rdg as amen - to Jud
03/20    Rpt out - rec d/p - to 2nd rdg as amen
03/21    2nd rdg - to 3rd rdg as amen
03/30    3rd rdg as amen - PASSED - 64-0-6
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Denney, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
      Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones(Jones),
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Mader, Marley,
      McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Stevenson, Stoicheff, Stone, Tilman, Trail, Wheeler,
      Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Deal, Ellsworth, Loertscher, Smylie, Taylor, Mr
      Speaker
    Floor Sponsor - Jaquet
    Title apvd - to Senate
03/31    To enrol
04/03    Rpt enrol - Pres signed - Sp signed
04/04    To Governor
04/12    Governor signed
         Session Law Chapter 239
         Effective: 04/12/00

Bill Text


 S1323
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1323, As Amended
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO VIOLATION OF A NO CONTACT ORDER; AMENDING  SECTION  18-920,  IDAHO
  3        CODE,  TO  PROVIDE  FOR  ENTRY OF A NO CONTACT ORDER WHEN A PERSON IS CON-
  4        VICTED OF CERTAIN CRIMES AND TO MAKE A TECHNICAL CORRECTION; AND DECLARING
  5        AN EMERGENCY.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 18-920, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        18-920.  VIOLATION  OF NO CONTACT ORDER. (1) When a person is charged with
 10    or convicted of an offense  under  section  18-901,  18-903,  18-905,  18-907,
 11    18-911, 18-913, 18-915, 18-918, 18-919, 18-6710, 18-6711, 18-7905, or 39-6312,
 12    Idaho  Code,  or  any  other offense for which a court finds that a no contact
 13    order is appropriate, an order forbidding contact with another person  may  be
 14    issued.  A  no  contact order may be imposed by the court or by Idaho criminal
 15    rule.
 16        (2)  A violation of a no contact order is committed when:
 17        (a)  A person has been charged or convicted under any offense  defined  in
 18        subsection (1) of this section; and
 19        (b)  A  no contact order has been issued, either by a court or by an Idaho
 20        criminal rule; and
 21        (c)  The person charged or convicted has had contact with the stated  per-
 22        son in violation of an order.
 23        (3)  A violation of a no contact order is punishable by a fine not exceed-
 24    ing one thousand dollars ($1,000) or by imprisonment in the county jail not to
 25    exceed  one  (1)  year, or both. No bond shall be set for this violation until
 26    the person charged is brought before the court which will set  bond.  Further,
 27    any  such  violation may result in the increase, revocation or modification of
 28    the bond set in the underlying charge for  which  the  no  contact  order  was
 29    imposed.
 30        (4)  A  peace officer may arrest without a warrant and take into custody a
 31    person whom the peace officer has probable cause to believe has violated a  no
 32    contact order issued under this section if the person restrained had notice of
 33    the order.
                                                                        
 34        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 35    declared to exist, this act shall be in full force and effect on and after its
 36    passage and approval.

Amendment


 AS1323
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    King-Barrutia       
                                                                        
                                                     Seconded by Davis               
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1323
                                                                        
                                                                        
  1                                AMENDMENT TO SECTION 2
  2        On page 1 of the printed bill, in  line  34,  following  "2."  delete  the
  3    remainder  of the line, delete all of line 35 and insert: "An emergency exist-
  4    ing therefor, which emergency is hereby declared to exist, this act  shall  be
  5    in full force and effect on and after its passage and approval.".
                                                                        
  6                                 CORRECTION TO TITLE
  7        On  page 1, in line 4, following "; AND" delete the remainder of the line,
  8    delete all of line 5 and insert: "DECLARING AN EMERGENCY.".

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS09643      

This bill expands the application of the Violation of a No 
Contact Order statute todefendants who are convicted of one 
of the crimes enumerated in the statute. The current statute
applies only to persons charged with one of the enumerated 
crimes. Technically, once a person isconvicted,or has pled 
guilty, they are no longer charged. The amendment will offer 
further protection to victims of physical abuse and will aide 
in the apprehension of those who violate nocontact orders, 
which are issued by a judge.

                          FISCAL IMPACT
There is no fiscal impact on the general fund. There is the 
possibility of some fiscal impact oncounties or cities who 
prosecute these crimes. 

Contact: Kevin Maloney or Jim Ball 
Idaho Prosecuting Attorneys' Association
364-2121

STATEMENT OF PURPOSE/FISCAL NOTE                     S132