Print Friendly SENATE BILL NO. 1292 – Domestic violence orders, service
SENATE BILL NO. 1292
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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,
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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN 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
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 hearing for or 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
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.
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
Statement of Purpose/Fiscal Note S1292