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S1044aa..............................................by JUDICIARY AND RULES
PROTECTION ORDERS - Amends and adds to existing law to provide that an
additional purpose of the domestic violence law is to afford full faith and
credit to protection orders issued by courts in all states, the District of
Columbia, United States territories and Indian tribes within the United
States; to define "protection order"; to provide that certain out-of-state
protection orders are presumed valid; to provide for their registration; to
provide that registration is not required for enforcement; to afford full
faith and credit to certain out-of-state protection orders; to provide that
peace officers may be ordered to assist in the enforcement of out-of-state
protection orders; to provide that an out-of-state protection order
registered with the Idaho court need not be served on the respondent; to
allow a registered out-of-state protection order to be placed in the Idaho
law enforcement telecommunications system; to impose the same penalties for
violating out-of-state protection orders as for violating in-state
protection orders; to presume notice upon proof of service; and to give
immunity to peace officers who enforce out-of-state protection orders when
they act in good faith and without malice.
01/25 Senate intro - 1st rdg - to printing
01/26 Rpt prt - to Jud
02/22 Rpt out - to 14th Ord
02/23 Rpt out amen - to engros
02/24 Rpt engros - 1st rdg - to 2nd rdg as amen
02/25 2nd rdg - to 3rd rdg as amen
03/02 3rd rdg as amen - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Richardson
Title apvd - to House
03/03 House intro - 1st rdg as amen - to Jud
03/16 Rpt out - rec d/p - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
03/18 3rd rdg as amen - PASSED - 66-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher,
Mader, Marley, McKague, Meyer(Duncan), Montgomery, Mortensen, Moyle,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Deal, Hornbeck, Taylor, Williams
Floor Sponsor - Jaquet
Title apvd - to Senate
03/19 To enrol - rpt enrol - Pres signed
03/22 Sp signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 330
Effective: 03/24/99
S1044|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1044, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO DOMESTIC VIOLENCE; AMENDING SECTION 39-6302, IDAHO CODE, TO PRO- 3 VIDE THAT AN ADDITIONAL PURPOSE OF THE DOMESTIC VIOLENCE LAW IS TO AFFORD 4 FULL FAITH AND CREDIT TO PROTECTION ORDERS ISSUED BY COURTS IN ALL STATES, 5 THE DISTRICT OF COLUMBIA, UNITED STATES TERRITORIES AND INDIAN TRIBES 6 WITHIN THE UNITED STATES; AMENDING SECTION 39-6303, IDAHO CODE, TO DEFINE 7 "PROTECTION ORDER"; AMENDING CHAPTER 63, TITLE 39, IDAHO CODE, BY THE 8 ADDITION OF A NEW SECTION 39-6306A, IDAHO CODE, TO PROVIDE THAT CERTAIN 9 OUT-OF-STATE PROTECTION ORDERS ARE PRESUMED VALID, TO PROVIDE FOR THEIR 10 REGISTRATION, TO PROVIDE THAT REGISTRATION IS NOT REQUIRED FOR ENFORCEMENT 11 AND TO AFFORD FULL FAITH AND CREDIT TO CERTAIN OUT-OF-STATE PROTECTION 12 ORDERS; AMENDING SECTION 39-6309, IDAHO CODE, TO PROVIDE THAT PEACE OFFI- 13 CERS MAY BE ORDERED TO ASSIST IN THE ENFORCEMENT OF OUT-OF-STATE PROTEC- 14 TION ORDERS; AMENDING SECTION 39-6310, IDAHO CODE, TO PROVIDE THAT AN OUT- 15 OF-STATE PROTECTION ORDER REGISTERED WITH A COURT IN IDAHO NEED NOT BE 16 SERVED ON THE RESPONDENT; AMENDING SECTION 39-6311, IDAHO CODE, TO ALLOW A 17 REGISTERED OUT-OF-STATE PROTECTION ORDER TO BE PLACED IN THE IDAHO LAW 18 ENFORCEMENT TELECOMMUNICATIONS SYSTEM; AMENDING SECTION 39-6312, IDAHO 19 CODE, TO IMPOSE THE SAME PENALTIES FOR VIOLATING OUT-OF-STATE PROTECTION 20 ORDERS AS FOR VIOLATING IN-STATE PROTECTION ORDERS AND TO PRESUME NOTICE 21 UPON PROOF OF SERVICE; AMENDING SECTION 39-6314, IDAHO CODE, TO GIVE IMMU- 22 NITY TO PEACE OFFICERS WHO ENFORCE OUT-OF-STATE PROTECTION ORDERS WHEN 23 THEY ACT IN GOOD FAITH AND WITHOUT MALICE; AND DECLARING AN EMERGENCY. 24 Be It Enacted by the Legislature of the State of Idaho: 25 SECTION 1. That Section 39-6302, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 39-6302. STATEMENT OF PURPOSE. For purposes of this chapter, the legisla- 28 ture adopts by reference the declaration of policy in section 39-5201, Idaho 29 Code. Additionally, the legislature finds that a significant number of homi- 30 cides, aggravated assaults, and assaults and batteries occur within the home 31 between adult members of families. Furthermore, research shows that domestic 32 violence is a crime which can be deterred, prevented or reduced by legal 33 intervention. Domestic violence can also be deterred, prevented or reduced by 34 vigorous prosecution by law enforcement agencies and prosecutors and by appro- 35 priate attention and concern by the courts whenever reasonable cause exists 36 for arrest and prosecution. 37 The purpose of this act is to address domestic violence as a serious crime 38 against society and to assure the victims of domestic violence the protection 39 from abuse which the law and those who enforce the law can provide. 40 It is the intent of the legislature to expand the ability of the courts to 41 assist victims by providing a legal means for victims of domestic violence to 42 seek protection orders to prevent such further incidents of abuse. It is the 43 intent of the legislature that the official response to cases of domestic vio- 2 1 lence shall stress the enforcement of the laws to protect the victim and shall 2 communicate the attitude that violent behavior in the home is criminal behav- 3 ior and will not be tolerated. It is the intent of the legislature to 4 presume the validity of protection orders issued by courts in all states, the 5 District of Columbia, United States territories and all federally recognized 6 Indian tribes within the United States, and to afford full faith and credit 7 to those orders. The provisions of this chapter are to be construed 8 liberally to promote these purposes. 9 SECTION 2. That Section 39-6303, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 39-6303. DEFINITIONS. (1) "Domestic violence" means the physical injury, 12 sexual abuse or forced imprisonment or threat thereof of a family or household 13 member. 14 (2) "Family or household member" means spouses, former spouses, persons 15 related by blood or marriage, persons who reside or have resided together, and 16 persons who have a child in common regardless of whether they have been mar- 17 ried or have lived together at any time. 18 (3) "Family dwelling" is any premises in which the petitioner resides. 19 (4) "Judicial day" means any day upon which court business may be trans- 20 acted as provided in sections 1-1606 and 1-1607, Idaho Code. 21 (5) "Protection order" means any order issued for the purpose of 22 preventing violent or threatening acts or acts of harassment against, or con- 23 tact or communication with, or physical proximity to, another person, where 24 the order was issued: 25 (a) Pursuant to this chapter; 26 (b) In another jurisdiction pursuant to a provision similar to section 27 39-6306, Idaho Code; or 28 (c) In any criminal or civil action, as a temporary or final order (other 29 than a support or child custody order), and where the order was issued in 30 a response to a criminal complaint, petition or motion filed by or on 31 behalf of a person seeking protection, and issued after giving notice and 32 an opportunity to respond to the person being restrained. 33 SECTION 3. That Chapter 63, Title 39, Idaho Code, be, and the same is 34 hereby amended by the addition thereto of a NEW SECTION , to be 35 known and designated as Section 39-6306A, Idaho Code, and to read as follows: 36 39-6306A. OUT-OF-STATE ORDERS -- PRESUMED VALID -- REGISTRATION -- FULL 37 FAITH AND CREDIT. (1) An out-of-state protection order is presumed valid if 38 the issuing court had jurisdiction over the parties and matter under the law 39 of the state, district, territory or tribe and the order appears authentic on 40 its face. 41 (2) A valid out-of-state protection order may be registered with a court 42 of this state in order to be entered in the Idaho law enforcement telecommuni- 43 cations system pursuant to section 39-6311, Idaho Code. No fees are required 44 to register an out-of-state protection order. 45 (3) It is not necessary that the out-of-state protection order be regis- 46 tered pursuant to section 39-6311, Idaho Code, in order to be enforced. 47 (4) A valid out-of-state protection order shall be afforded full faith 48 and credit by the courts of this state and shall be enforced as if issued in 49 this state. 50 SECTION 4. That Section 39-6309, Idaho Code, be, and the same is hereby 3 1 amended to read as follows: 2 39-6309. ISSUANCE OF ORDER -- ASSISTANCE OF PEACE OFFICER -- DESIGNATION 3 OF APPROPRIATE LAW ENFORCEMENT AGENCY. When an order is issued or 4 afforded full faith and credit under this chapter upon request of the 5 petitioner, the court may order a peace officer to accompany the petitioner 6 and assist in placing the petitioner in possession of the dwelling or resi- 7 dence, or otherwise assist in the execution of the protection order. A certi- 8 fied copy of the order shall be prepared by the clerk for transmittal to the 9 appropriate law enforcement agency as specified in section 39-6311, Idaho 10 Code. Orders issued or afforded full faith and credit under this 11 chapter shall includea designation foan instruction to 12 the appropriate law enforcement agency to execute, serve, or enforce 13 the order. 14 SECTION 5. That Section 39-6310, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 39-6310. ORDER AND SERVICE. (1) An order issued under this chapter along 17 with a copy of the petition for a protection order, if the respondent has not 18 previously received the petition, shall be personally served upon the respond- 19 ent, except as provided in subsections (6) ,and(7) 20 and (8) of this section. 21 (2) A peace officer of the jurisdiction in which the respondent resides 22 shall serve the respondent personally unless the petitioner elects to have the 23 respondent served by a private party at the petitioner's own expense. 24 (3) If service by a peace officer is to be used, the clerk of the court 25 shall have a copy of any order issued under this chapter and a copy of the 26 petition for a protection order, if the respondent has not previously received 27 the petition, forwarded on or before the next judicial day to the appropriate 28 law enforcement agency specified in the order for service upon the respondent. 29 Service of an order issued under this chapter shall take precedence over the 30 service of other documents unless they are of a similar emergency nature. 31 (4) If the peace officer cannot complete service upon the respondent 32 within ten (10) days, the sheriff or municipal peace officer shall notify the 33 petitioner. The petitioner shall provide information sufficient to permit 34 notification. 35 (5) Returns of service under this chapter shall be made in accordance 36 with the applicable court rules. 37 (6) If an order entered by the court recites that the respondent appeared 38 in person before the court and receives a copy of the order, the necessity for 39 further service is waived and proof of service of that order is not necessary. 40 (7) If a party has appeared in person before the court and has waived 41 personal service, the clerk of the court shall complete service of any notice 42 of hearing for orders or modifications by certified mail to the party's 43 address as shown on the court petition which resulted in the issuance of the 44 order or modification. Parties shall at all times keep the court informed of 45 their current mailing address. 46 (8) If an out-of-state protection order is registered with the 47 court under section 39-6306A, Idaho Code, the necessity for further service is 48 waived and proof of service of that order is not necessary. 49 SECTION 6. That Section 39-6311, Idaho Code, be, and the same is hereby 50 amended to read as follows: 4 1 39-6311. ORDER -- TRANSMITTAL TO LAW ENFORCEMENT AGENCY -- RECORD IN 2 IDAHO LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM -- ENFORCEABILITY. (1) The 3 orders issued under sections 39-6306 and 39-6308, Idaho Code, or out-of- 4 state orders afforded full faith and credit under section 39-6306A, Idaho 5 Code, shall be in a form approved by the supreme court of the state of 6 Idaho. 7 (2) (a) A copy of a protection order granted or afforded full faith 8 and credit under this chapter shall be forwarded by the clerk of 9 the court on or before the next judicial day to the appropriate law 10 enforcement agency specified in the order. 11 (b) Upon receipt of the order, the law enforcement agency shall forthwith 12 enter the order and its expiration date into the Idaho law enforcement 13 telecommunications system available in this state used by law enforcement 14 agencies to list outstanding warrants. Notification of service as required 15 in section 39-6310, Idaho Code, shall also be entered into the Idaho law 16 enforcement telecommunications system upon receipt. Entry into the Idaho 17 law enforcement telecommunications system constitutes notice to all law 18 enforcement agencies of the existence of the order. The order is fully 19 enforceable in any county in the state. Renewals of the order shall be 20 recorded in the same manner as original orders. The information entered 21 shall specifically state that the protection order is civil in nature. If 22 the appropriate law enforcement agency determines that the service infor- 23 mation sheet is incomplete or cannot be entered into the Idaho law 24 enforcement telecommunications system upon receipt, the service informa- 25 tion sheet shall be returned to the clerk of the court. The clerk of the 26 court shall then notify the petitioner of the error or omission. 27 (3) Law enforcement agencies shall establish procedures reasonably ade- 28 quate to assure that an officer approaching or actually at the scene of an 29 incident of domestic violence may be informed of the existence and terms of 30 such protection order. 31 (4) A protection order shall remain in effect for the term set by the 32 court or until terminated by the court. A protection order may, upon motion 33 and upon good cause shown, be renewed for additional terms not to exceed one 34 (1) year each if the requirements of this chapter are met. The motion to renew 35 an order may be granted without a hearing, if not timely objected to by the 36 party against whom the order was entered. If the petitioner voluntarily and 37 without duress consents to the waiver of any portion of the protection order 38 vis-a-vis the respondent pursuant to section 39-6313, Idaho Code, the order 39 may be modified by the court. 40 SECTION 7. That Section 39-6312, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 39-6312. VIOLATION OF ORDER -- PENALTIES. (1) Whenever a protection order 43 is grantedunder this chapterand the respondent or person to be 44 restrained had notice of the order, a violation of the provisions of the order 45 or of a provision excluding the person from a residence shall be a misdemeanor 46 punishable by not to exceed one (l) year in jail and a fine not to exceed five 47 thousand dollars ($5,000), ten dollars ($10.00) of which shall be deposited to 48 the credit of the domestic violence project account created in section 49 39-5212, Idaho Code. 50 (2) A peace officer may arrest without a warrant and take into custody a 51 person whom the peace officer has probable cause to believe has violated an 52 order ,issued under this chapter,if the person 53 restrained had notice of the order. 5 1 (3) The person against whom a protection order has been issued by 2 an out-of-state court is presumed to have notice of the order if the victim 3 presents to the officer proof of service of the order. 4 SECTION 8. That Section 39-6314, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 39-6314. PEACE OFFICERS -- IMMUNITY. No peace officer may be held crimi- 7 nally or civilly liable for actions or omissions in the performance of the 8 duties of his office under this chapter, including the enforcement of 9 out-of-state protection orders, if the peace officer acts in good faith 10 and without malice. 11 SECTION 9. An emergency existing therefor, which emergency is hereby 12 declared to exist, this act shall be in full force and effect on and after its 13 passage and approval.
AS1044|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Richardson Seconded by Sorensen IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1044 1 AMENDMENT TO BILL 2 On page 5 of the printed bill, following line 7, insert: 3 "SECTION 9. An emergency existing therefor, which emergency is hereby 4 declared to exist, this act shall be in full force and effect on and after its 5 passage and approval.". 6 CORRECTIONS TO TITLE 7 In line 21, delete "AND"; and in line 23, following "MALICE" insert: "; 8 AND DECLARING AN EMERGENCY".
STATEMENT OF PURPOSE
RS 08661
The purpose of this legislation is to allow Idaho to honor
civil protection orders issued by foreign states and Indian
tribes as if the orders had been issued in Idaho. Changes are
needed in Idaho's protection order statute to allow Idaho to
enforce valid protection orders issued by foreign states and
Indian tribes. by affording full faith and credit to these
foreign orders, the ultimate purpose is to offer further
protections to victims of domestic violence.
S 1044