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S1403aa..............................................by JUDICIARY AND RULES
DOMESTIC VIOLENCE - Amends existing law to redefine "household member," to
add a definition, to provide that infliction of a traumatic injury upon a
household member is a felony, to provide that domestic assault or battery
not resulting in traumatic injury is a misdemeanor, to provide the
punishment for a felony domestic battery and a misdemeanor domestic battery
and to provide when the evaluation which the defendant is required to
undergo shall be obtained prior to sentencing.
02/05 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to Jud
02/19 Rpt out - to 14th Ord
02/19 Rpt out amen - to engros
02/20 Rpt engros - 1st rdg - to 2nd rdg as amen
02/23 2nd rdg - to 3rd rdg as amen
02/27 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
Title apvd - to House
03/02 House intro - 1st rdg as amen - to Jud
03/20 Rpt out - rec d/p - to 2nd rdg
03/20 Rls susp - PASSED - 35-27-8
AYES -- Bell, Bieter, Bivens, Black(15), Boe, Bruneel, Chase, Crow,
Cuddy, Deal, Ellsworth, Field(13), Gagner, Geddes, Gould, Hansen,
Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20),
Kjellander, Marley, Meyer, Miller, Newcomb, Pomeroy, Reynolds,
Robison, Schaefer, Stone, Trail, Watson, Zimmermann
NAYS -- Barraclough, Barrett, Black(23), Callister, Campbell, Clark,
Denney, Field(20), Hadley, Judd, Kellogg, Kempton, Kendell, Kunz,
Lake, Linford, Loertscher, McKague, Mortensen, Pischner, Richman,
Ridinger, Stevenson, Stubbs, Tilman, Tippets, Wheeler
Absent and excused -- Alltus, Crane, Mader, Sali, Stoicheff, Taylor,
Wood, Mr Speaker
Floor Sponsor - Bruneel
Title apvd - to Senate
03/23 To enrol - rpt enrol - Pres signed
Sp signed - To Governor
03/30 Governor signed
Session Law Chapter 420
Effective: 07/01/98
S1403|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1403, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO DOMESTIC VIOLENCE; AMENDING SECTION 18-918, IDAHO CODE, TO REDE- 3 FINE "HOUSEHOLD MEMBER," TO ADD A DEFINITION, TO PROVIDE THAT INFLICTION 4 OF A TRAUMATIC INJURY UPON A HOUSEHOLD MEMBER IS A FELONY, TO PROVIDE THAT 5 DOMESTIC ASSAULT OR BATTERY NOT RESULTING IN TRAUMATIC INJURY IS A MISDE- 6 MEANOR, TO PROVIDE THE PUNISHMENT FOR A FELONY DOMESTIC BATTERY AND FOR A 7 MISDEMEANOR DOMESTIC BATTERY AND TO PROVIDE WHEN THE EVALUATION WHICH THE 8 DEFENDANT IS REQUIRED TO UNDERGO SHALL BE OBTAINED PRIOR TO SENTENCING; 9 AND AMENDING SECTION 31-3201A, IDAHO CODE, TO PROVIDE A CORRECT CITATION. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 18-918, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 18-918. DOMESTICASSAULT OR BATTERYVIOLENCE . 14 (1) For the purpose of this section, "household member" means a person who is 15 a spouse, former spouse, or a person who has a child in common regardless of 16 whether they have been married orhave lived together at any time17 a person with whom a person is cohabiting, whether or not they have mar- 18 ried or have held themselves out to be husband or wife . 19 (2) As used in this section, "traumatic injury" means a condition 20 of the body, such as a wound or external or internal injury, whether of a 21 minor or serious nature, caused by physical force. 22 (3) Any household member who willfully inflicts a traumatic injury upon 23 any other household member is guilty of a felony. 24 (4) A household member who commits an assault, as defined in sec- 25 tion 18-901, Idaho Code, against another household member which does not 26 result in traumatic injury is guilty of a misdemeanor 27 domestic assault. 28 (35 ) A household member who commits a battery, 29 as defined in section 18-903, Idaho Code, against another household member 30 which does not result in traumatic injury is guilty of a 31 misdemeanor domestic battery. 32 (6) A conviction of felony domestic battery is punishable by 33 imprisonment in the state prison for a term not to exceed ten (10) years or by 34 a fine not to exceed ten thousand dollars ($10,000) or by both fine and 35 imprisonment. 36 (47 ) Upon a first conviction, the crime of 37 misdemeanor domestic assault or battery is punishable by a fine 38 not exceeding one thousand dollars ($1,000) or by imprisonment in a county 39 jail not to exceed six (6) months, or both. Upon a second conviction, within 40 ten (10) years of the first conviction, the person so convicted shall be pun- 41 ished by imprisonment in the county jail for a term not to exceed one (1) year 42 or by a fine not exceeding two thousand dollars ($2,000) or by both fine and 43 imprisonment. Upon a third or subsequent conviction, within fifteen (15) years 2 1 of the first conviction, the person so convicted shall be punished by impris- 2 onment in the state prison for a term not to exceed five (5) years or by a 3 fine not to exceed five thousand dollars ($5,000) or by both fine and impris- 4 onment. 5 (58 ) (a) Any person who pleads guilty or is 6 found guilty of a violation of this section shall undergo, at the person's 7 own expense ,and prior to the sentencing date,8 an evaluation by a person, agency or organization approved by the court in 9 accordance with subsection (c) of this section to determine whether the 10 defendant should be required to obtain aggression counseling or other 11 appropriate treatment .for anger control and preven-12tion.Such evaluation shall be completed prior to the sen- 13 tencing date if the court's list of approved evaluators, in accordance 14 with subsection (c) of this section, contains evaluators who are able to 15 perform the evaluation prior to the sentencing dates. If the evalu- 16 ation recommends counseling or other treatment, the evaluation shall rec- 17 ommend the type of counseling or treatment considered appropriate for the 18 defendant, together with the estimated costs thereof, and shall recommend 19 any other suitable alternative counseling or treatment programs, together 20 with the estimated costs thereof. The defendant shall request that a copy 21 of the completed evaluation be forwarded to the court. The court shall 22 take the evaluation into consideration in determining an appropriate sen- 23 tence. If a copy of the completed evaluation has not been provided to the 24 court, the court may proceed to sentence the defendant; however, in such 25 event, it shall be presumed that counseling is required unless the defend- 26 ant makes a showing by a preponderance of evidence that counseling is not 27 required. If the defendant has not made a good faith effort to provide the 28 completed copy of the evaluation to the court, the court may consider the 29 failure of the defendant to provide the report as an aggravating circum- 30 stance in determining an appropriate sentence. If counseling or other 31 treatment is ordered, in no event shall the person, agency or organization 32 doing the evaluation be the person, agency or organization that provides 33 the counseling or other treatment unless this requirement is waived by the 34 sentencing court, with the exception of federally recognized Indian tribes 35 or federal military installations, where diagnosis and treatment are 36 appropriate and available. Nothing herein contained shall preclude the use 37 of funds authorized for court-ordered counseling or treatment pursuant to 38 this section for indigent defendants as provided by law. In the event that 39 funding is provided for or on behalf of the defendant by a governmental 40 entity, the defendant shall be ordered to make restitution to such govern- 41 mental entity in accordance with the restitution procedure for crime vic- 42 tims, as specified under chapter 53, title 19, Idaho Code. 43 (b) If the evaluation recommends counseling or other treatment, the court 44 shall order the person to complete the counseling or other treatment in 45 addition to any other sentence which may be imposed. If the court deter- 46 mines that counseling or treatment would be inappropriate or undesirable, 47 the court shall enter findings articulating the reasons for such determi- 48 nation on the record. The court shall order the defendant to complete the 49 preferred counseling or treatment program set forth in the evaluation, or 50 a comparable alternative, unless it appears that the defendant cannot rea- 51 sonably obtain adequate financial resources for such counseling or treat- 52 ment. In that event, the court may order the defendant to complete a less 53 costly alternative set forth in the evaluation or a comparable program. 54 Nothing contained in this subsection shall be construed as requiring a 55 court to order that counseling or treatment be provided at government 3 1 expense unless otherwise required by law. 2 (c) Each judicial district shall by rule establish a uniform system for 3 the qualification and approval of persons, agencies or organizations to 4 perform the evaluations required in this subsection. Only qualified 5 evaluators approved by the court shall be authorized to perform such eval- 6 uations. Funds to establish a system for approval of evaluators shall be 7 derived from moneys designated therefor and deposited in the district 8 court fund as provided in section 31-3201A(p), Idaho Code. 9 SECTION 2. That Section 31-3201A, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 31-3201A. COURT FEES. The clerk of the district court in addition to the 12 fees and charges imposed by chapter 20, title 1, Idaho Code, and in addition 13 to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and 14 receive the following fees for services rendered by him in discharging the 15 duties imposed upon him by law; 16 (a) A fee of $39.00 for filing a civil case of any type in the district 17 court or in the magistrate's division of the district court including cases 18 involving the administration of decedents' estates, whether testate or intes- 19 tate, and conservatorships of the person or of the estate or both with the 20 following exceptions: 21 The filing fee shall be $12.00 in each case where the amount of money or 22 damages or the value of personal property claimed does not exceed $300. The 23 filing fee shall be $14.00 in the following types of cases: 24 (1) Where the amount of money or damages or the value of personal prop- 25 erty claimed exceeds $300 but does not exceed $1,000; 26 (2) Where a case is brought for forcible or unlawful entry or detainer 27 whether brought for rent or possession or both and regardless of the 28 amount; 29 (3) Where a case is brought under chapter 20, title 16, Idaho Code, for 30 the termination of parent-child relationship; 31 (4) Where a case is brought under chapter 2, title 32, Idaho Code, for 32 permission to marry; 33 (5) Where a case involving the administration of a decedent's estate is 34 brought under the Summary Administration of Small Estates Act; 35 (6) In cases where a court order is issued only for a certain specific 36 reason other than the administering of an estate, including but not lim- 37 ited to proceedings brought under sections 14-114, 15-514, 15-1401, 38 15-1518 and/or 15-1709, Idaho Code, or for some specific reason; 39 (7) In cases brought to determine heirship without administration; 40 (8) In cases brought to determine inheritance or transfer tax; 41 (9) In proceedings brought for adoption; 42 (10) In proceedings brought for letters of guardianship of the person or 43 of the estate or both. 44 No filing fee shall be charged in the following types of cases: 45 (1) In cases brought under chapter 3, title 66, Idaho Code, for commit- 46 ment of mentally ill persons; 47 (2) In cases brought under the Youth Rehabilitation Act; 48 (3) In cases brought under the Child Protective Act. 49 In all cases in which a filing fee of $39.00 is paid, $17.00 of such fil- 50 ing fee shall be paid to the county treasurer for deposit in the district 51 court fund of the county; $5.00 of such filing fee shall be paid to the county 52 treasurer who shall, within five (5) days after the end of the month, pay such 53 fees to the state treasurer for deposit into the ISTARS technology fund; and 4 1 $17.00 of such filing fee shall be paid to the county treasurer who shall, 2 within five (5) days after the end of the month pay such fees to the state 3 treasurer for deposit in the state general account. In all cases in which a 4 filing fee of $14.00 is paid, $4.00 of such filing fee shall be paid to the 5 county treasurer for deposit in the district court fund of the county; and 6 $10.00 of such filing fee shall be paid to the county treasurer who shall 7 within five (5) days after the end of the month pay such fees to the state 8 treasurer for deposit in the state general account. In all cases in which a 9 filing fee of $12.00 is paid, $3.00 of such filing fee shall be paid to the 10 county treasurer for deposit in the district court fund of the county; and 11 $9.00 of such filing fee shall be paid to the county treasurer who shall 12 within five (5) days after the end of the month pay such fees to the state 13 treasurer for deposit in the state general account. 14 (b) A fee of $17.50 shall be paid, but not in advance, by each person 15 found guilty of any felony or misdemeanor, except when the court orders such 16 fee waived because the person is indigent and unable to pay such fee. If the 17 magistrate court facilities are provided by the county, $5.00 of such fee 18 shall be paid to the county treasurer for deposit in the district court fund 19 of the county; and $12.50 of such fee shall be paid to the county treasurer 20 who shall, within five (5) days after the end of the month, pay such fees to 21 the state treasurer for deposit in the state general account. If the magis- 22 trate court facilities are provided by a city, $5.00 of such fee shall be paid 23 to the city treasurer for deposit in the city general fund, $2.50 of such fee 24 shall be paid to the city treasurer for deposit in the city capital facilities 25 fund for the construction, remodeling and support of magistrates court facili- 26 ties, and $10.00 of such fee shall be paid to the county treasurer who shall, 27 within five (5) days after the end of the month, pay such fees to the state 28 treasurer for deposit in the state general account. 29 (c) A fee of $16.50 shall be paid, but not in advance, by each person 30 found to have committed an infraction or any minor traffic, conservation or 31 ordinance violation; provided that the judge or magistrate may in his or her 32 discretion consolidate separate nonmoving traffic offenses into one (1) 33 offense for purposes of assessing such fee. If the magistrate court facili- 34 ties are provided by the county, $5.00 of such fee shall be paid to the county 35 treasurer for deposit in the district court fund of the county; and $11.50 of 36 such fee shall be paid to the county treasurer, who shall, within five (5) 37 days after the end of the month, pay such fees to the state treasurer for 38 deposit in the state general account. If the magistrate court facilities are 39 provided by a city, $5.00 of such fee shall be paid to the city treasurer for 40 deposit in the city general fund, $2.50 of such fee shall be paid to the city 41 treasurer for deposit in the city capital facilities fund for the construc- 42 tion, remodeling and support of magistrate court facilities, and $9.00 of such 43 fee shall be paid to the county treasurer who shall, within five (5) days 44 after the end of the month, pay such fees to the state treasurer for deposit 45 in the state general account. 46 (d) A fee of $19.00 shall be paid by any party, except the plaintiff, 47 making an appearance in any civil action in the district court or in the 48 magistrate's division of the district court. Of such fee, $4.00 shall be paid 49 to the county treasurer for deposit in the district court fund of the county; 50 $5.00 of such fee shall be paid to the county treasurer who shall, within five 51 (5) days after the end of the month, pay such fees to the state treasurer for 52 deposit into the ISTARS technology fund; and $10.00 of such fee shall be paid 53 to the county treasurer who shall within five (5) days after the end of the 54 month pay such fees to the state treasurer for deposit in the state general 55 account. 5 1 (e) A fee of $9.00 shall be paid by the person or persons required to 2 make an account pursuant to either chapter 11 or chapter 18, title 15, Idaho 3 Code, at the time such account is filed. All of such fee shall be paid to the 4 county treasurer for deposit in the district court fund of the county. 5 (f) A fee of $19.00 shall be paid upon the filing of a petition of the 6 executor or administrator or of any person interested in an estate for the 7 distribution of such estate, $6.00 of such fee shall be paid to the county 8 treasurer for deposit in the district court fund of the county; and $13.00 of 9 such fee shall be paid to the county treasurer who shall, within five (5) days 10 after the end of the month, pay such fees to the state treasurer for deposit 11 in the state general account. 12 (g) A fee of $7.00 shall be paid by an intervenor upon making an appear- 13 ance in any civil action in the district court or in the magistrate's divi- 14 sion of the district court. All of such fee shall be paid to the county trea- 15 surer for deposit in the district court fund of the county. 16 (h) A fee of $8.00 shall be paid by a party filing a third party claim as 17 defined in the Idaho Rules of Civil Procedure. All of such fee shall be paid 18 to the county treasurer for deposit in the district court fund of the county. 19 (i) A fee of $8.00 shall be paid by any party filing a cross-claim. All 20 of such fee shall be paid to the county treasurer for deposit in the district 21 court fund of the county. 22 (j) A fee of $9.00 shall be paid by a party initiating a change of venue. 23 Such fee shall be paid to the clerk of the court of the county to which venue 24 is changed. All of such fee shall be paid to the county treasurer for deposit 25 in the district court fund of the county. 26 (k) A fee of $9.00 shall be paid by any party appearing after judgment or 27 applying to reopen a case. All of such fee shall be paid to the county trea- 28 surer for deposit in the district court fund of the county. A fee of $32.00 29 shall be paid by a party applying to reopen a divorce action or modify a 30 divorce decree, with all of the fee to be distributed in the same manner as 31 the fee provided for in subsection (a) of this section is distributed. 32 (l) A fee of $9.00 shall be paid by a party taking an appeal from the 33 magistrate's division of the district court to the district court. No addi- 34 tional fee shall be required if a new trial is granted. All of such fee shall 35 be paid to the county treasurer for deposit in the district court fund of the 36 county. 37 (m) A fee of $9.00 shall be paid by the party taking an appeal from the 38 district court to the supreme court for comparing and certifying the tran- 39 script on appeal, if such certificate is required. All of such fee shall be 40 paid to the county treasurer for deposit in the district court fund of the 41 county. 42 (n) Fees not covered by this section shall be set by rule or administra- 43 tive order of the supreme court. 44 (o) All fees required to be paid by this section or by rule or adminis- 45 trative order of the supreme court shall be collected by the clerk of the dis- 46 trict court or by a person appointed by the clerk of the district court for 47 this purpose. If it appears that there is a necessity for such fees to be col- 48 lected by persons other than the clerk of the district court or a person des- 49 ignated by the clerk for such purpose, the supreme court by rule or adminis- 50 trative order may provide for the designation of persons authorized to receive 51 such fees. Persons so designated shall account for such fees in the same man- 52 ner required of the clerk of the district court and shall pay such fees to the 53 clerk of the district court of the county in which such fees are collected. 54 (p) That portion of the filing fees required to be remitted to the state 55 treasurer for deposit in the state general account shall be remitted within 6 1 five (5) days after the end of the month in which such fees were remitted to 2 the county treasurer. That portion of the filing fees required to be remitted 3 to a city treasurer for deposit in the city's general fund shall be remitted 4 within five (5) days after the end of the month in which such fees were remit- 5 ted to the county treasurer. 6 (q) Of the fees derived from the filing of any divorce action required to 7 be transmitted to the state treasurer for deposit in the general account, the 8 county treasurer shall retain $5.00, which shall be separately identified and 9 deposited in the district court fund of the county. Such moneys shall be used 10 exclusively for the purpose of establishing a uniform system of qualifying and 11 approving persons, agencies or organizations to conduct evaluations of persons 12 convicted of domestic assault or battery as provided in section 18-918, Idaho 13 Code, and the administration of section 18-918(57 ), 14 Idaho Code, relating to the evaluation and counseling or other treatment of 15 such persons ,for anger control and prevention,16 including the payment of the costs of evaluating and counseling or other 17 treatment of an indigent defendant. No provision of chapter 52, title 39, 18 Idaho Code, shall apply to the moneys provided for in this subsection. 19 (r) In consideration of the aforesaid fees the clerk of the district 20 court shall be required to perform all lawful service that may be required of 21 him by any party thereto; provided, that he shall not prepare and furnish any 22 certified copy of any file or record in an action except printed transcript on 23 appeal, without additional compensation as provided by law.
STATEMENT OF PURPOSE
RS 07657C1
Idaho Code Section 18-918. DOMESTIC VIOLENCE
The proposed amendments to Idaho Code § 18-918 change the title of the section from
"Domestic Assault or Battery" to "Domestic Violence," and provide a broader definition of
domestic violence is to include people who cohabited with each other.
A new section adds a felony for any person who inflicts traumatic condition upon another in a
domestic situation and defines "traumatic condition." The amendments also provide for a distinction
between the felony and misdemeanor for both the domestic battery and domestic assault.
The requirement that an evaluation be obtained prior to sentencing has been deleted. While it is
intended that an evaluation will be obtained prior to sentencing, some areas in Idaho cannot obtain an
evaluation in a timely matter. This allows the courts the option of obtaining the evaluation after
sentencing when the court deems it necessary. Finally, there is a correction to provide a correct citation
in Idaho Code § 31-3201A.
FISCAL IMPACT
Initially, there will be some fiscal impact on the local governmental entities, courts and the Department of
Corrections as this legislation broadens the definition of domestic violence and provides for felony
punishment sooner than current law. The long term fiscal impact should be positive because intervention
has been shown to reduce the recurrence of domestic violence both in this generation and in the
generation growing up in homes with domestic violence.
CONTACT: David L. Young
Canyon County Prosecuting Attorney
1115 Albany Street
Caldwell, ID 83605
Phone:454-7391
Fax:454~7474
S 1403