Print Friendly SENATE BILL NO. 1335 – No contact order, add’l crimes
SENATE BILL NO. 1335
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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
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,
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
|||| 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
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
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.
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