H0315................................by JUDICIARY, RULES AND ADMINISTRATION JUSTICE/MAGISTRATE - ASSAULT - Amends existing law to provide that it is a felony to commit an assault or battery upon a justice, judge or magistrate. 02/26 House intro - 1st rdg - to printing 03/01 Rpt prt - to Jud 03/10 Rpt out - rec d/p - to 2nd rdg 03/11 2nd rdg - to 3rd rdg 03/12 3rd rdg - PASSED - 62-0-8 AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter, Black, Boe, Bruneel, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Limbaugh, Linford, Loertscher, Mader, Marley, McKague, Montgomery, Mortensen, Moyle, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann NAYS -- None Absent and excused -- Callister, Ellsworth, Hammond, Lake, Meyer, Pischner, Williams, Mr Speaker Floor Sponsor - Hansen(23) Title apvd - to Senate 03/15 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 Rules susp - PASSED - 32-0-3 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ipsen, Keough, King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth NAYS--None Absent and excused--Ingram, Parry, Twiggs Floor Sponsor - Sorensen Title apvd - to House 03/19 To enrol - rpt enrol - Sp signed - Pres signed 03/23 To Governor 03/24 Governor signed Session Law Chapter 247 Effective: 07/01/99
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 315 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO ASSAULT OR BATTERY UPON CERTAIN PERSONNEL; AMENDING SECTION 3 18-915, IDAHO CODE, TO CLARIFY THAT A JUSTICE AND A MAGISTRATE ARE 4 INCLUDED WITHIN THE APPLICATION OF THE SECTION, TO PROVIDE THAT IT IS A 5 FELONY TO COMMIT AN ASSAULT OR BATTERY UPON A JUSTICE, JUDGE OR MAGISTRATE 6 AND TO MAKE A TECHNICAL CORRECTION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 18-915, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 18-915. ASSAULT OR BATTERY UPON CERTAIN PERSONNEL -- PUNISHMENT. Any per- 11 son who commits a crime provided for in this chapter against or upon a 12 justice, judge, magistrate, prosecuting attorney, public 13 defender, peace officer, bailiff, marshal, sheriff, police officer, correc- 14 tional officer, employee of the department of correction, employees of the 15 department of water resources authorized to enforce the provisions of chapter 16 38, title 42, Idaho Code, jailer, parole officer, officer of the state depart- 17 ment of law enforcement, fireman, social caseworkers or social work special- 18 ists of the department of health and welfare, employee of a state secure con- 19 finement facility for juveniles, employee of a juvenile detention facility, a 20 teacher at a detention facility or a juvenile probation officer, emergency 21 medical technician certified by the department of health and welfare, emer- 22 gency medical technician-ambulance certified by the department of health and 23 welfare, advanced emergency medical technician and EMT-paramedic certified by 24 the state board of medicine, United States marshal, or federally commissioned 25 law enforcement officer or their deputies or agents and the perpetrator knows 26 or has reason to know of the victim's status, the punishment shall be as fol- 27 lows: 28 (a) For committing battery with intent to commit a serious felony the 29 punishment shall be imprisonment in the state prison not to exceed twenty-five 30 (25) years. 31 (b) For committing any other crime in this chapter the punishment shall 32 be doubled that provided in the respective section. 33 (c) For committing a violation of the provisions of section s34 18-901 or 18-903, Idaho Code, against the person of a justice, judge or 35 magistrate, jailer or correctional officer or other staff of the 36 department of correction, or of an employee of a state secure confinement 37 facility for juveniles, an employee of a juvenile detention facility, a 38 teacher at a detention facility or a juvenile probation officer and the per- 39 son committing the offense knows or reasonably should know that such victim is 40 a justice, judge or magistrate, jailer or correctional officer, 41 an employee of a state secure confinement facility for juveniles, an employee 42 of a juvenile detention facility, a teacher at a detention facility or a juve- 43 nile probation officer engaged in the performance of his duties, and the vic- 2 1 tim is engaged in the performance of his duties, the offense shall be a felony 2 punishable by imprisonment in the state prison for a period of not more than 3 five (5) years, and said sentence shall be served consecutively to any sen- 4 tence being currently served.
STATEMENT OF PURPOSE
This bill amends section 18-915, Idaho Code, relating to
the punishment for committing an assault and battery on
certain officials to make the commission of an assault or
battery against justices and judges a felony offense.
Currently, a person who commits an assault (which
includes a threat of violence) or battery against a judge is
only subject to a misdemeanor penalty.
Under subsection (c) of 18-915, the commission of an
assault or battery upon certain officials and other personnel
at jails and correctional facilities is a felony offense.
This bill adds justices and judges to this list of
protected persons in I.C. 18-915(c) to provide a stronger
deterrent especially if the person committing the assault or
battery is already under a sentence for a felony conviction.
It is not anticipated that this bill will have a
discernible impact on state or local funds.