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H0454................................by JUDICIARY, RULES AND ADMINISTRATION ASSAULT - Amends existing law to add being charged with assault to commit a serious felony to the list of charged offenses for which a no contact order may be issued. 01/28 House intro - 1st rdg - to printing 01/31 Rpt prt - to Jud 02/24 Rpt out - rec d/p - to 2nd rdg 02/25 2nd rdg - to 3rd rdg 02/28 3rd rdg - PASSED - 64-0-6 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd, Kellogg, Kempton, Kendell, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Mr Speaker NAYS -- None Absent and excused -- Crow, Gagner, Jones, Kunz, Schaefer, Zimmermann Floor Sponsor - Jaquet Title apvd - to Senate 02/29 Senate intro - 1st rdg - to Jud 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/28 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS -- None Absent and excused -- None Floor Sponsor - King-Barrutia Title apvd - to House 03/29 To enrol 03/30 Rpt enrol - Sp signed - Pres signed 03/31 To Governor 04/03 Governor signed Session Law Chapter 146 Effective: 04/03/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 454 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO NO CONTACT ORDERS; AMENDING SECTION 18-920, IDAHO CODE, TO ADD 3 BEING CHARGED WITH ASSAULT TO COMMIT A SERIOUS FELONY TO THE LIST OF 4 CHARGED OFFENSES FOR WHICH A NO CONTACT ORDER MAY BE ISSUED; AND DECLARING 5 AN EMERGENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-920, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-920. VIOLATION OF NO CONTACT ORDER. (1) When a person is charged with 10 an offense under section 18-901, 18-903, 18-905, 18-907, 18-909, 18-911, 11 18-913, 18-915, 18-918, 18-919, 18-6710, 18-6711, 18-7905 ,or 39-6312, Idaho 12 Code, or any other offense for which a court finds that a no contact order is 13 appropriate, an order forbidding contact with another person may be issued. A 14 no contact order may be imposed 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. 33 SECTION 2. An emergency existing therefor, which emergency is hereby 34 declared to exist, this act shall be in full force and effect on and after its 35 passage and approval.
STATEMENT OF PURPOSE RS 09574 The purpose of this legislation is to amend Idaho Code, Section 18-920, relating to No Contact Orders. This will add charges of assault to commit a serious felony to the list of charged offenses for which a No Contact Order may be issued and will take effect immediately. This legislation incorporates a section that was inadvertently omitted when the order was originally enacted. FISCAL IMPACT There is no fiscal impact. Contact Name: Representative Wendy Jaquet Phone: 208/332-1133 STATEMENT OF PURPOSE/FISCAL NOTE H 454