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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