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SENATE BILL NO. 1335

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Daily Data Tracking History

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S1335................................................by JUDICIARY AND RULES
NO CONTACT ORDERS - Amends existing law to include additional crimes for
which a court may issue a no contact order.

01/26    Senate intro - 1st rdg - to printing
01/27    Rpt prt - to Jud
02/09    Rpt out - rec d/p - to 2nd rdg
02/10    2nd rdg - to 3rd rdg
02/17    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
      Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Sorensen
    Floor Sponsor - Dunklin
    Title apvd - to House
02/18    House intro - 1st rdg - to Jud
03/20    Rpt out - rec d/p - to 2nd rdg
03/20    Rls susp - PASSED - 62-0-8
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crow, Cuddy, Denney, Ellsworth, Field(13), Field(20), Gagner,
      Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
      Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
      Kunz, Lake, Linford, Loertscher, Marley, McKague, Meyer, Miller,
      Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
      Robison, Schaefer, Stevenson, Stoicheff, Stone, Tilman, Tippets,
      Trail, Watson, Wheeler, Zimmermann
      NAYS -- None
      Absent and excused -- Crane, Deal, Mader, Sali, Stubbs, Taylor, Wood,
      Mr Speaker
    Floor Sponsor - Jaquet
    Title apvd - to Senate
03/23    To enrol - rpt enrol - Pres signed
03/24    Sp signed - to Governor
03/25    Governor signed
         Session Law Chapter 353
         Effective: 07/01/98

Bill Text

S1335


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

                                      IN THE SENATE

                                   SENATE BILL NO. 1335

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT
 2    RELATING TO COURT ORDERS FORBIDDING CONTACT; AMENDING  SECTION  18-920,  IDAHO
 3        CODE,  TO  INCLUDE ADDITIONAL CRIMES FOR WHICH A COURT MAY ISSUE A NO CON-
 4        TACT ORDER.

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION 1.  That Section 18-920, Idaho Code, be, and the  same  is  hereby
 7    amended to read as follows:

 8        18-920.  VIOLATION  OF NO CONTACT ORDER. (1) When a person is charged with
 9    an offense under section  18-901,  18-903,  18-905,  18-907,  18-911,  18-913,
10    18-915,  18-918  ,   or  18-919,  18-6710, 18-6711,
11    18-7905, or 39-6312,  Idaho Code,  or any other offense for which a
12    court finds that a no contact order is appropriate,  an order forbidding
13    contact with another person may be issued. A no contact order may  be  imposed
14    by the court or by Idaho criminal rule.
15        (2)  A violation of a no contact order is committed when:
16        (a)  A person has been charged under any offense defined in subsection (1)
17        of this section; and
18        (b)  A  no contact order has been issued, either by a court or by an Idaho
19        criminal rule; and
20        (c)  The person charged has had contact with the stated person  in  viola-
21        tion of an order.
22        (3)  A violation of a no contact order is punishable by a fine not exceed-
23    ing one thousand dollars ($1,000) or by imprisonment in the county jail not to
24    exceed  one  (1)  year, or both. No bond shall be set for this violation until
25    the person charged is brought before the court which will set  bond.  Further,
26    any  such  violation may result in the increase, revocation or modification of
27    the bond set in the underlying charge for  which  the  no  contact  order  was
28    imposed.
29        (4)  A  peace officer may arrest without a warrant and take into custody a
30    person whom the peace officer has probable cause to believe has violated a  no
31    contact order issued under this section if the person restrained had notice of
32    the order.

Statement of Purpose / Fiscal Impact

    





     
    
    STATEMENT OF PURPOSE
    
    This legislation amends Idaho Code section 18-920(1), to amend the code to allow an enforceable no 
    contact order to issue in circumstances not already outlined in the present code section.
    
    THIS LEGISLATION PROVIDES FOR NO CONTACT ORDERS IN CASES OTHER THAN 
    THOSE ALREADY OUTLINED TO BE ISSUED BY A COURT AND FALL WITHIN THE 
    ENFORCEMENT OF 18-920.
    
    This legislation amends the language defining the circumstances in which a violation of a no contact 
    order issued by a court may be prosecuted as a separate charge. This adds other victim related 
    charges and encompasses charges wherein a court determines that, while not among the outlined 
    charges, the case warrants a no contact order.
    
    FISCAL IMPACT
    There is no fiscal impact on the State of Idaho nor any of its political subdivisions.
    
    
    CONTACT: Boise City Attorney's Office
             Jody P. Carpenter, Deputy City Attorney
             3 84-3 870
    
    S1335