View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1378................................................by JUDICIARY AND RULES DOMESTIC VIOLENCE - Amends existing law relating to domestic violence to provide that in the case of a minor, "family or household member" includes a person with whom the minor has had or is having a dating relationship; and to define "dating relationship." 02/08 Senate intro - 1st rdg - to printing 02/09 Rpt prt - to Jud 02/21 Rpt out - to 14th Ord 02/22 Rpt out - w/o amen - ref'd to Jud
S1378|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE BILL NO. 1378 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO DOMESTIC VIOLENCE; AMENDING SECTION 39-6303, IDAHO CODE, TO PRO- 3 VIDE THAT IN THE CASE OF A MINOR, "FAMILY OR HOUSEHOLD MEMBER" INCLUDES A 4 PERSON WITH WHOM THE MINOR HAS HAD OR IS HAVING A DATING RELATIONSHIP AND 5 TO DEFINE DATING RELATIONSHIP; AND PROVIDING AN EFFECTIVE DATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 39-6303, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 39-6303. DEFINITIONS. (1) "Domestic violence" means the physical injury, 10 sexual abuse or forced imprisonment or threat thereof of a family or household 11 member. 12 (2) "Family or household member" means spouses, former spouses, persons 13 related by blood or marriage, persons who reside or have resided together, and 14 persons who have a child in common regardless of whether they have been mar- 15 ried or have lived together at any time. In the case of a minor, "family or 16 household member" includes a person with whom the minor has had or is having a 17 dating relationship. As used in this subsection, "dating relationship" means 18 intimate associations primarily characterized by the expectation of 19 affectional or sexual involvement. The term does not include a casual rela- 20 tionship or an ordinary association between persons in a business or social 21 context. 22 (3) "Family dwelling" is any premises in which the petitioner resides. 23 (4) "Judicial day" means any day upon which court business may be trans- 24 acted as provided in sections 1-1606 and 1-1607, Idaho Code. 25 (5) "Protection order" means any order issued for the purpose of prevent- 26 ing violent or threatening acts or acts of harassment against, or contact or 27 communication with, or physical proximity to, another person, where the order 28 was issued: 29 (a) Pursuant to this chapter; 30 (b) In another jurisdiction pursuant to a provision similar to section 31 39-6306, Idaho Code; or 32 (c) In any criminal or civil action, as a temporary or final order (other 33 than a support or child custody order), and where the order was issued in 34 a response to a criminal complaint, petition or motion filed by or on 35 behalf of a person seeking protection, and issued after giving notice and 36 an opportunity to respond to the person being restrained. 37 SECTION 2. This act shall be in full force and effect on and after July 38 1, 2000.
STATEMENT OF PURPOSE RS09693 The purpose of this legislation is to give parents of minor children the legal method to protect their minor children from violence in an intimate "dating relationship". According to the U.S. Department of Justice, young women between the ages of 16 and 24 experience the highest rates of violence by current or former intimate partners. (U.S. Department of Justice, 1998 "Violence by Intimates", NCJ-167237) Furthermore, research shows that domestic violence is a crime, which can be deterred, prevented or reduced by legal intervention. The purpose of this act is to address intimate "dating relationship" domestic violence on minors as a serious crime against society and to assure the victims of domestic violence the protection from abuse which the law and those who enforce the law can provide. FISCAL NOTE There is no fiscal impact. CONTACT: Barbara Dehl 208-850-7061 Senator Jerry Thorne 208-332-1323 STATEMENT OF PURPOSE/ FISCAL NOTE S1378