Print Friendly SENATE BILL NO. 1378 – Domestic violence, household member
SENATE BILL NO. 1378
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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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN 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
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
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
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.
There is no fiscal impact.
CONTACT: Barbara Dehl
Senator Jerry Thorne
STATEMENT OF PURPOSE/ FISCAL NOTE S1378