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H0723aa..............................by JUDICIARY, RULES AND ADMINISTRATION
DOMESTIC VIOLENCE - Amends existing law to double the penalties provided
for an act of domestic assault or battery when the act is committed in the
presence of a child, to define the phrase "in the presence of a child" and
to define "child."
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Jud
03/04 Rpt out - to Gen Ord
03/06 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - PASSED - 44-24-2
AYES -- Barraclough, Bell, Bieter, Bivens, Boe, Bruneel, Callister,
Chase, Clark, Crane, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gould, Hansen, Henbest, Jaquet, Jones(9), Jones(22),
Jones(20), Kjellander, Kunz, Linford, Loertscher, Mader, Marley,
Meyer, Miller, Newcomb, Pischner, Pomeroy, Reynolds, Ridinger,
Robison, Stoicheff, Stone, Stubbs, Tippets, Trail, Watson, Mr Speaker
NAYS -- Alltus, Barrett, Black(23), Campbell, Gagner, Geddes, Hadley,
Hornbeck, Judd, Kellogg, Kempton, Kendell, Lake, McKague, Mortensen,
Richman, Sali, Schaefer, Stevenson, Taylor, Tilman, Wheeler, Wood,
Zimmermann
Absent and excused -- Black(15), Crow,
Floor Sponsor - Jaquet
Title apvd - to Senate
03/12 Senate intro - 1st rdg as amen - to Jud
03/17 Rpt out - rec d/p - to 2nd rdg as amen
03/18 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Diede, Dunklin, Frasure, Geddes, Hansen,
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 -- None
Floor Sponsor - King, Dunklin
Title apvd - to House
03/20 To enrol - rpt enrol - Sp signed
03/20 Pres signed - to Governor
03/24 Governor signed
Session Law Chapter 309
Effective: 07/01/98
H0723|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 723, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO DOMESTIC ASSAULT AND BATTERY; AMENDING SECTION 18-918, IDAHO CODE, 3 TO DOUBLE THE PENALTIES PROVIDED FOR AN ACT OF DOMESTIC ASSAULT OR BATTERY 4 WHEN THE ACT IS COMMITTED IN THE PRESENCE OF A CHILD, TO DEFINE THE PHRASE 5 "IN THE PRESENCE OF A CHILD" AND TO DEFINE "CHILD." 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-918, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-918. DOMESTIC ASSAULT OR BATTERY. (1) For the purpose of this section, 10 "household member" means a person who is a spouse, former spouse, or a person 11 who has a child in common regardless of whether they have been married or have 12 lived together at any time. 13 (2) A household member who commits an assault, as defined in section 14 18-901, Idaho Code, against another household member is guilty of domestic 15 assault. 16 (3) A household member who commits a battery, as defined in section 17 18-903, Idaho Code, against another household member is guilty of domestic 18 battery. 19 (4) (a) Upon a first conviction, the crime of domestic 20 assault or battery is punishable by a fine not exceeding one thousand dol- 21 lars ($1,000) or by imprisonment in a county jail not to exceed six (6) 22 months, or both. Upon a second conviction, within ten (10) years of the 23 first conviction, the person so convicted shall be punished by imprison- 24 ment in the county jail for a term not to exceed one (1) year or by a fine 25 not exceeding two thousand dollars ($2,000) or by both fine and imprison- 26 ment. Upon a third or subsequent conviction, within fifteen (15) years of 27 the first conviction, the person so convicted shall be punished by impris- 28 onment in the state prison for a term not to exceed five (5) years or by a 29 fine not to exceed five thousand dollars ($5,000) or by both fine and 30 imprisonment. 31 (b) The maximum penalties provided in this section shall be doubled 32 where the act of domestic assault or battery for which the person is con- 33 victed or pleads guilty took place in the presence of a child. For pur- 34 poses of this section, "in the presence of a child" means in the physical 35 presence of a child or knowing that a child is present and may see or hear 36 an act of domestic assault or battery. For purposes of this section, 37 "child" means a person under sixteen (16) years of age. 38 (5) (a) Any person who pleads guilty or is found guilty of a violation of 39 this section shall undergo, at the person's own expense and prior to the 40 sentencing date, an evaluation by a person, agency or organization 41 approved by the court in accordance with subsection (c) of this section to 42 determine whether the defendant should be required to obtain aggression 43 counseling or other appropriate treatment for anger control and preven- 2 1 tion. If the evaluation recommends counseling or other treatment, the 2 evaluation shall recommend the type of counseling or treatment considered 3 appropriate for the defendant, together with the estimated costs thereof, 4 and shall recommend any other suitable alternative counseling or treatment 5 programs, together with the estimated costs thereof. The defendant shall 6 request that a copy of the completed evaluation be forwarded to the court. 7 The court shall take the evaluation into consideration in determining an 8 appropriate sentence. If a copy of the completed evaluation has not been 9 provided to the court, the court may proceed to sentence the defendant; 10 however, in such event, it shall be presumed that counseling is required 11 unless the defendant makes a showing by a preponderance of evidence that 12 counseling is not required. If the defendant has not made a good faith 13 effort to provide the completed copy of the evaluation to the court, the 14 court may consider the failure of the defendant to provide the report as 15 an aggravating circumstance in determining an appropriate sentence. If 16 counseling or other treatment is ordered, in no event shall the person, 17 agency or organization doing the evaluation be the person, agency or orga- 18 nization that provides the counseling or other treatment unless this 19 requirement is waived by the sentencing court, with the exception of fed- 20 erally recognized Indian tribes or federal military installations, where 21 diagnosis and treatment are appropriate and available. Nothing herein con- 22 tained shall preclude the use of funds authorized for court-ordered coun- 23 seling or treatment pursuant to this section for indigent defendants as 24 provided by law. In the event that funding is provided for or on behalf of 25 the defendant by a governmental entity, the defendant shall be ordered to 26 make restitution to such governmental entity in accordance with the resti- 27 tution procedure for crime victims, as specified under chapter 53, title 28 19, Idaho Code. 29 (b) If the evaluation recommends counseling or other treatment, the court 30 shall order the person to complete the counseling or other treatment in 31 addition to any other sentence which may be imposed. If the court deter- 32 mines that counseling or treatment would be inappropriate or undesirable, 33 the court shall enter findings articulating the reasons for such determi- 34 nation on the record. The court shall order the defendant to complete the 35 preferred counseling or treatment program set forth in the evaluation, or 36 a comparable alternative, unless it appears that the defendant cannot rea- 37 sonably obtain adequate financial resources for such counseling or treat- 38 ment. In that event, the court may order the defendant to complete a less 39 costly alternative set forth in the evaluation or a comparable program. 40 Nothing contained in this subsection shall be construed as requiring a 41 court to order that counseling or treatment be provided at government 42 expense unless otherwise required by law. 43 (c) Each judicial district shall by rule establish a uniform system for 44 the qualification and approval of persons, agencies or organizations to 45 perform the evaluations required in this subsection. Only qualified 46 evaluators approved by the court shall be authorized to perform such eval- 47 uations. Funds to establish a system for approval of evaluators shall be 48 derived from moneys designated therefor and deposited in the district 49 court fund as provided in section 31-3201A(p), Idaho Code.
STATEMENT OF PURPOSE
RS08015
The purpose of this legislation is to double maximum
penalties when the most recent act of domestic assault or
battery for which the person is convicted or who pleads
guilty took place in the presence of a child.
FISCAL NOTE
Some increase in fine revenues, but will hopefully serve as
a deterrent to batteries.
CONTACT: Representative Wendy Jaquet
(208) 332-1130
STATEMENT OF PURPOSE/FISCAL NOTE
H 723