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S1292................................................by JUDICIARY AND RULES DOMESTIC VIOLENCE ORDERS - Amends existing law to provide that domestic violence orders may be served by certified mail if the party has appeared in person before the court and has waived personal service. 01/20 Senate intro - 1st rdg - to printing 01/21 Rpt prt - to Jud 02/01 Rpt out - rec d/p - to 2nd rdg 02/02 2nd rdg - to 3rd rdg 02/04 3rd rdg - PASSED - 30-0-5 AYES--Boatright, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Parry, Richardson, Riggs, Risch, Schroeder, Sorensen, Stegner, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Andreason, Branch, McLaughlin, Sandy, Stennett Floor Sponsor - Davis Title apvd - to House 02/07 House intro - 1st rdg - to Jud 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/23 3rd rdg - PASSED - 66-0-4 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Tilman, Trail, Wheeler, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Crow, Gould, Taylor, Wood Floor Sponsor - Pearce Title apvd - to Senate 03/24 To enrol 03/27 Rpt enrol - Pres signed - Sp signed 03/28 To Governor 03/29 Governor signed Session Law Chapter 72 Effective: 07/01/00
S1292|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE BILL NO. 1292 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO DOMESTIC VIOLENCE CRIME PREVENTION; AMENDING SECTION 39-6310, 3 IDAHO CODE, TO PROVIDE THAT DOMESTIC VIOLENCE ORDERS MAY BE SERVED BY CER- 4 TIFIED MAIL IF THE PARTY HAS APPEARED IN PERSON BEFORE THE COURT AND HAS 5 WAIVED PERSONAL SERVICE; AND PROVIDING AN EFFECTIVE DATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 39-6310, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 39-6310. ORDER AND SERVICE. (1) An order issued under this chapter along 10 with a copy of the petition for a protection order, if the respondent has not 11 previously received the petition, shall be personally served upon the respond- 12 ent, except as provided in subsections (6), (7) and (8) of this section. 13 (2) A peace officer of the jurisdiction in which the respondent resides 14 shall serve the respondent personally unless the petitioner elects to have the 15 respondent served by a private party at the petitioner's own expense. 16 (3) If service by a peace officer is to be used, the clerk of the court 17 shall have a copy of any order issued under this chapter and a copy of the 18 petition for a protection order, if the respondent has not previously received 19 the petition, forwarded on or before the next judicial day to the appropriate 20 law enforcement agency specified in the order for service upon the respondent. 21 Service of an order issued under this chapter shall take precedence over the 22 service of other documents unless they are of a similar emergency nature. 23 (4) If the peace officer cannot complete service upon the respondent 24 within ten (10) days, the sheriff or municipal peace officer shall notify the 25 petitioner. The petitioner shall provide information sufficient to permit 26 notification. 27 (5) Returns of service under this chapter shall be made in accordance 28 with the applicable court rules. 29 (6) If an order entered by the court recites that the respondent appeared 30 in person before the court and receives a copy of the order, the necessity for 31 further service is waived and proof of service of that order is not necessary. 32 (7) If a party has appeared in person before the court and has waived 33 personal service, the clerk of the court shall complete service of any notice 34 of hearingforor orders or modifications by certified mail to the party's 35 address as shown on the court petition which resulted in the issuance of the 36 order or modification. Parties shall at all times keep the court informed of 37 their current mailing address. 38 (8) If an out-of-state protection order is registered with the court 39 under section 39-6306A, Idaho Code, the necessity for further service is 40 waived and proof of service of that order is not necessary. 41 SECTION 2. This act shall be in full force and effect on and after July 42 1, 2000.
STATEMENT OF PURPOSE RS 09497 This bill 'is one of a series of bills that the Supreme Court has recommended in its annual report of "defects in the laws" to the Governor as required under article V, section 25 of the Idaho Constitution. This bill amends I.C. 39-6310(7) which authorizes service of court documents by certified mail in domestic violence cases when certain conditions have been met, to clarify that notices of hearings and court orders or modifications may be served by certified mail if the party has previously appeared and waived personal service. I.C. 39-6310(7) presently provides for a service by certified mail in respect to ". . ..any notice of hearing for orders or modifications..." (emphasis added). The underlined word "for" appears to be a typographical error and was intended to be an "or" to allow notices of hearing and orders or modifications to be served by certified mail when the party has previously appeared and waived personal service. This amendment will give effect to the intent expressed in I.C. 39-6310(l) that court orders in certain circumstances may be served by certified mail. FISCAL NOTE It is not anticipated that this bill will have a measurable impact on state or local funds. Contact Person:Patricia Tobias Administrative Director of the Courts Idaho Supreme Court (208) 334-2246 Statement of Purpose/Fiscal Note S1292