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H0720................................by JUDICIARY, RULES AND ADMINISTRATION DOMESTIC VIOLENCE - Adds to existing law to add domestic violence as an act that may not be compromised in the laws of criminal procedure, to provide that leave of the prosecutor shall be required for a discharge of the defendant on the criminal proceeding pursuant to a civil compromise and to provide that the order of dismissal bars another prosecution for the offense that was originally charged. 02/16 House intro - 1st rdg - to printing 02/17 Rpt prt - to Jud 02/20 Rpt out - rec d/p - to 2nd rdg 02/23 2nd rdg - to 3rd rdg 02/25 3rd rdg - PASSED - 63-3-4 AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Linford, Mader, Marley, McKague, Meyer, Miller, Mortensen, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Zimmermann, Mr Speaker NAYS -- Barrett, Sali, Wood Absent and excused -- Gagner, Lake, Loertscher, Newcomb Floor Sponsor - Jaquet Title apvd - to Senate 02/26 Senate intro - 1st rdg - to Jud 03/10 Rpt out - rec d/p - to 2nd rdg 03/11 2nd rdg - to 3rd rdg 03/18 3rd rdg - PASSED - 34-0-1 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs, Wheeler, Whitworth NAYS--None Absent and excused--Hansen Floor Sponsor - King Title apvd - to House 03/19 To enrol - rpt enrol - Sp signed Pres signed - to Governor 03/20 Governor signed Session Law Chapter 209 Effective: 07/01/98
H0720|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 720 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO CIVIL COMPROMISE OF MISDEMEANOR OFFENSES; AMENDING SECTION 3 19-3401, IDAHO CODE, TO ADD DOMESTIC VIOLENCE AS AN ACT THAT MAY NOT BE 4 COMPROMISED; AND AMENDING SECTION 19-3402, IDAHO CODE, TO PROVIDE THAT 5 LEAVE OF THE PROSECUTOR SHALL BE REQUIRED FOR A DISCHARGE OF THE DEFENDANT 6 ON THE CRIMINAL PROCEEDING PURSUANT TO A CIVIL COMPROMISE AND TO PROVIDE 7 THAT THE ORDER OF DISMISSAL BARS ANOTHER PROSECUTION FOR THE OFFENSE THAT 8 WAS ORIGINALLY CHARGED. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 19-3401, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 19-3401. COMPROMISE OF OFFENSES AFTER SATISFACTION. When a defendant is 13 held to answer on a charge of misdemeanor, for which the person injured by the 14 act constituting the offense has a remedy by a civil action, the offense may 15 be compromised as provided in the next section, except when it is committed: 16 1. By or upon an officer of justice, while in the execution of the duties 17 of his office. 18 2. Riotously. 19 3. With an intent to commit a felony. 20 4. As an act of domestic violence as defined in section 39-6303(1), 21 Idaho Code. 22 SECTION 2. That Section 19-3402, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 19-3402. LEAVE OF COURT AND PROSECUTOR REQUIRED. If the 25 party injured appears before the court to which the depositions are required 26 to be returned, at any time before trial, and acknowledges that he has 27 received satisfaction for the injury, the court and the prosecutor 28 may, initstheir discretion, on payment of 29 the costs incurred, order all proceedings to be stayed upon the prosecution, 30 and the defendant to be discharged therefrom; but in such case the reasons for 31 the order must be set forth therein, and entered on the minutes. The order is 32 a bar to another prosecution for thesameoffense that was 33 originally charged .
STATEMENT OF PURPOSE RS 07714C1 This legislation amends Idaho Code § 19-3401 to exempt acts of domestic violence from the civil compromise process and to amend Idaho Code § 19-3402 so that the prosecuting attorney is part of the process. While the Attorney General feels that the civil compromise process should be completely repealed, these are the amendments that should be done to modernize the concept. The local prosecuting attorney should clearly be part of the decision making process, and the concept of civil compromise of a misdemeanor should never be used in domestic violence matters. FISCAL NOTE While exempting domestic violence misdemeanor cases from the civil compromise process could result in a small number of additional prosecutions, prosecuting attorneys will be able to use local discretion. This proposal has the backing and endorsement of the Idaho Prosecuting Attorneys Association. There should be no impact upon the general funds of the state. CONTACT: Freeman Duncan, Legislative Liaison, Attorney General's Office Phone:(208) 334-4151 STATEMENT OF PURPOSE/FISCAL NOTE H 720