1998 Legislation
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HOUSE BILL NO. 720 – Domestc violnce/not compromise ofns

HOUSE BILL NO. 720

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Daily Data Tracking History



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

Bill Text


H0720


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN 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, in  its   their  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 the  same  offense  that was
33    originally charged .

Statement of Purpose / Fiscal Impact


                              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