S1523aaH.............................................by JUDICIARY AND RULES DOMESTIC VIOLENCE - Amends existing law to include domestic violence against a minor child by a person with whom the minor child is having a dating relationship within the purview of the section; to define dating relationship; to specify that a custodial or noncustodial parent or guardian of the minor child may file a petition for a protective order on behalf of the minor child; and to provide legislative intent. 02/24 Senate intro - 1st rdg - to printing 02/25 Rpt prt - to Jud Rpt out - rec d/p - to 2nd rdg 02/28 2nd rdg - to 3rd rdg 03/02 3rd rdg - PASSED - 34-1-0 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Walton, Wheeler, Whitworth, Williams NAYS--Dunklin Absent and excused--None Floor Sponsor - Thorne Title apvd - to House 03/03 House intro - 1st rdg - to Jud 03/10 Rpt out - to Gen Ord 03/14 Rpt out amen - to 1st rdg as amen 03/15 1st rdg - to 2nd rdg as amen 03/16 2nd rdg - to 3rd rdg as amen 03/21 3rd rdg as amen - PASSED - 68-0-2 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, 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, Taylor, Trail, Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Hornbeck, Tilman Floor Sponsors - Montgomery, Moss Title apvd - to Senate 03/22 Senate concurred in House amens - to engros 03/23 Rpt engros - 1st rdg - to 2nd rdg as amen 03/24 2nd rdg - to 3rd rdg as amen 03/27 3rd rdg as amen - 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 - Thorne Title apvd - to enrol 03/28 Rpt enrol - Pres signed 03/29 Sp signed 03/30 To Governor 04/03 Governor signed Session Law Chapter 136 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1523, As Amended in the House BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO DOMESTIC VIOLENCE; AMENDING SECTION 39-6303, IDAHO CODE, TO 3 INCLUDE DOMESTIC VIOLENCE AGAINST A MINOR CHILD BY A PERSON WITH WHOM THE 4 MINOR CHILD IS HAVING A DATING RELATIONSHIP WITHIN THE PURVIEW OF THE SEC- 5 TION AND TO DEFINE "DATING RELATIONSHIP"; AMENDING SECTION 39-6304, IDAHO 6 CODE, TO SPECIFY THAT A CUSTODIAL OR NONCUSTODIAL PARENT OR GUARDIAN OF 7 THE MINOR CHILD MAY FILE A PETITION FOR A PROTECTIVE ORDER ON BEHALF OF 8 THE MINOR CHILD AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 9 16-1602, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE AND TO MAKE TECH- 10 NICAL CORRECTIONS; AND PROVIDING LEGISLATIVE INTENT. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 39-6303, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 39-6303. DEFINITIONS. (1) "Domestic violence" means the physical injury, 15 sexual abuse or forced imprisonment or threat thereof of a family or household 16 member, or of a minor child by a person with whom the minor child has had or 17 is having a dating relationship. 18 (2) "Dating relationship," for the purposes of this chapter, is defined 19 as a social relationship of a romantic nature. Factors that the court may con- 20 sider in making this determination include: 21 (a) The nature of the relationship; 22 (b) The length of time the relationship has existed; 23 (c) The frequency of interaction between the parties; and 24 (d) The time since termination of the relationship, if applicable. 25 (3) "Family or household member" means spouses, former spouses, persons 26 related by blood or marriage, persons who reside or have resided together, and 27 persons who have a child in common regardless of whether they have been mar- 28 ried or have lived together at any time. 29 ( 34) "Family dwelling" is any premises in which the petitioner resides. 30 ( 45) "Judicial day" means any day upon which court business may be trans- 31 acted as provided in sections 1-1606 and 1-1607, Idaho Code. 32 ( 56) "Protection order" means any order issued for the purpose of pre- 33 venting violent or threatening acts or acts of harassment against, or contact 34 or communication with, or physical proximity to, another person, where the 35 order was issued: 36 (a) Pursuant to this chapter; 37 (b) In another jurisdiction pursuant to a provision similar to section 38 39-6306, Idaho Code; or 39 (c) In any criminal or civil action, as a temporary or final order (other 40 than a support or child custody order), and where the order was issued in 41 a response to a criminal complaint, petition or motion filed by or on 42 behalf of a person seeking protection, and issued after giving notice and 43 an opportunity to respond to the person being restrained. 2 1 SECTION 2. That Section 39-6304, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 39-6304. ACTION FOR PROTECTION. (1) There shall exist an action known as 4 a "petition for a protection order" in cases of domestic violence. 5 (2) A person may seek relief from domestic violence by filing a petition 6 based on a sworn affidavit with the magistrates division of the district 7 court, alleging that the person or a family or household member, whether an 8 adult or a child, is the victim of domestic violence. Any petition properly 9 filed under this chapter may seek protection for any additional persons cov- 10 ered by this chapter. A custodial or noncustodial parent or guardian may file 11 a petition on behalf of a minor child who is the victim of domestic violence. 12 (3) A person's right to petition for relief under this chapter shall not 13 be affected by that person's having left the residence or household to avoid 14 abuse. 15 (4) The petition shall disclose the existence of any custody or any mari- 16 tal annulment, dissolution or separation proceedings pending between the par- 17 ties, the existence of any other custody order affecting the children of the 18 parties, and the existence of child protection or adoption proceedings affect- 19 ing the children of any party. 20 (5) When the petitioner requests custody of any child, the petition shall 21 disclose: 22 (a) The county and state where the child has resided for six (6) months 23 immediately prior to the filing of the petition; 24 (b) The party or other responsible person with whom the child is pres- 25 ently residing; and 26 (c) The party or other responsible person with whom the child has resided 27 for six (6) months immediately prior to the filing of the petition. 28 (6) A petition shall be filed in the county of the respondent's resi- 29 dence, the petitioner's residence, or where the petitioner is temporarily 30 residing. 31 SECTION 3. That Section 16-1602, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 16-1602. DEFINITIONS. For purposes of this chapter: 34 (a) "Abused" means any case in which a child has been the victim of: 35 (1) Conduct or omission resulting in skin bruising, bleeding, malnutri- 36 tion, burns, fracture of any bone, subdural hematoma, soft tissue swell- 37 ing, failure to thrive or death, and such condition or death is not justi- 38 fiably explained, or where the history given concerning such condition or 39 death is at variance with the degree or type of such condition or death, 40 or the circumstances indicate that such condition or death may not be the 41 product of an accidental occurrence; or 42 (2) Sexual conduct, including rape, molestation, incest, prostitution, 43 obscene or pornographic photographing, filming or depiction for commercial 44 purposes, or other similar forms of sexual exploitation harming or threat- 45 ening the child's health or welfare or mental injury to the child. 46 (b) "Abandoned" means the failure of the parent to maintain a normal 47 parental relationship with his child ,including, but not limited to, reason- 48 able support or regular personal contact. Failure to maintain this relation- 49 ship without just cause for a period of one (1) year shall constitute prima 50 facie evidence of abandonment. 51 (c) "Adjudicatory hearing" means a hearing to determine the truth of the 52 allegations in the petition filed under this chapter. 3 1 (d) "Authorized agency" means the department, a local agency, a person, 2 an organization, corporation, benevolent society or association licensed or 3 approved by the department or the court to receive children for control, care, 4 maintenance or placement. 5 (e) "Child" means an individual who is under the age of eighteen (18) 6 years. 7 (f) "Child advocate coordinator" means a person or entity receiving 8 moneys from the grant administrator for the purpose of carrying out any of the 9 duties as set forth in section 16-1630, Idaho Code. 10 (g) "Circumstances of the child" includes, but is not limited to, the 11 joint legal custody or joint physical custody of the child. 12 (h) "Commit" means to transfer legal and physical custody. 13 (i) "Court" means district court or magistrate's division thereof, or if 14 the context requires, a magistrate or judge thereof. 15 (j) "Custodian" means a person, other than a parent or legal guardian, to 16 whom legal or joint legal custody of the child has been given by court order 17 or who is acting in loco parentis. 18 (k) "Department" means the department of health and welfare and its 19 authorized representatives. 20 (l) "Disposition hearing" means a hearing to determine whether the best 21 interests of the child require protective supervision or vesting legal custody 22 of the child in an authorized agency. 23 (m) "Family or household member" shall have the same meaning as in sec- 24 tion 39-6303( 23), Idaho Code. 25 (n) "Grant administrator" means any such organization or agency as may be 26 designated by the supreme court from time to time to administer funds from the 27 guardian ad litem account in accordance with the provisions of this chapter. 28 (o) "Guardian ad litem" means a person appointed by the court pursuant to 29 a guardian ad litem volunteer program to act as special advocate for a child 30 under this chapter. 31 (p) "Guardian ad litem program" means the program to recruit, train and 32 coordinate volunteer persons to serve as guardians ad litem for abused, 33 neglected or abandoned children. 34 (q) "Law enforcement agency" means a city police department, the prose- 35 cuting attorney of any county, state law enforcement officers, or the office 36 of a sheriff of any county. 37 (r) "Legal custody" means a relationship created by order of the court, 38 which vests in a custodian the following duties and rights: 39 (1) To have physical custody and control of the child, and to determine 40 where and with whom the child shall live. 41 (2) To supply the child with food, clothing, shelter and incidental 42 necessities. 43 (3) To provide the child with care, education and discipline. 44 (4) To authorize ordinary medical, dental, psychiatric, psychological, or 45 other remedial care and treatment for the child, including care and treat- 46 ment in a facility with a program of services for children; and to autho- 47 rize surgery if the surgery is deemed by two (2) physicians licensed to 48 practice in this state to be necessary for the child. 49 (5) Where the parents share legal custody, the custodian may be vested 50 with the custody previously held by either or both parents. 51 (s) "Mental injury" means a substantial impairment in the intellectual or 52 psychological ability of a child to function within a normal range of perfor- 53 mance and/or behavior, for short or long terms. 54 (t) "Neglected" means a child: 55 (1) Who is without proper parental care and control, or subsistence, edu- 4 1 cation, medical or other care or control necessary for his well-being 2 because of the conduct or omission of his parents, guardian or other cus- 3 todian or their neglect or refusal to provide them; provided, however, no 4 child whose parent or guardian chooses for such child treatment by prayers 5 through spiritual means alone in lieu of medical treatment, shall be 6 deemed for that reason alone to be neglected or lack parental care neces- 7 sary for his health and well-being, but further provided this subsection 8 shall not prevent the court from acting pursuant to section 16-1616, Idaho 9 Code; or 10 (2) Whose parents, guardian or other custodian are unable to discharge 11 their responsibilities to and for the child because of incarceration, hos- 12 pitalization, or other physical or mental incapacity; or 13 (3) Who has been placed for care or adoption in violation of law. 14 (u) "Protective order" means an order created by the court granting 15 relief as delineated in section 39-6306, Idaho Code, and shall be for a period 16 not to exceed three (3) months unless otherwise stated herein. Failure to com- 17 ply with the order shall be a misdemeanor. 18 (v) "Protective supervision" means a legal status created by court order 19 in neglect and abuse cases whereby the child is permitted to remain in his 20 home under supervision by the department. 21 (w) "Residual parental rights and responsibilities" means those rights 22 and responsibilities remaining with the parents after the transfer of legal 23 custody ,including, but not necessarily limited to, the right of visitation, 24 consent to adoption, the right to determine religious affiliation, the right 25 to family counseling when beneficial, and the responsibility for support. 26 (x) "Shelter care" means places designated by the department for tempo- 27 rary care of children pending court disposition or placement. 28 SECTION 4. In enacting this legislation it is the intent of the Legisla- 29 ture to recognize the rights of parents to provide protection for their minor 30 children. No other intent is expressed or implied.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 Moved by Gould Seconded by Moss IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO S.B. NO. 1523 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 16, delete "of the opposite sex"; 3 delete lines 18 through 21 and insert: 4 "(2) "Dating relationship," for the purposes of this chapter, is defined 5 as a social relationship of a romantic nature. Factors that the court may con- 6 sider in making this determination include: 7 (a) The nature of the relationship; 8 (b) The length of time the relationship has existed; 9 (c) The frequency of interaction between the parties; and 10 (d) The time since termination of the relationship, if applicable.". 11 AMENDMENT TO THE BILL 12 On page 4, following line 24, insert: 13 "SECTION 4. In enacting this legislation it is the intent of the Legisla- 14 ture to recognize the rights of parents to provide protection for their minor 15 children. No other intent is expressed or implied.". 16 CORRECTIONS TO TITLE 17 On page 1, in line 3, delete "OF THE OPPO-" and in line 4, delete "SITE 18 SEX; in line 8, following ";" delete "AND"; and in line 10, following 19 "CORRECTIONS" insert: "; AND PROVIDING LEGISLATIVE INTENT".
STATEMENT OF PURPOSE RS10193 This legislation relating to domestic violence; amending section 39-6303, Idaho Code, to include domestic violence against a minor child by a person of the opposite sex with whom the minor child is having a dating relationship within the purview of the section and to define "dating relationship"; amending section 39-6304, Idaho code, to specify that a custodial or noncustodial parent or guardian of the minor child may file a petition for a protective order on behalf of the minor child and to make technical corrections; and amending section 16-1602, Idaho code, to provide a correct code reference and to make technical corrections. FISCAL NOTE There is no impact to the general fund. CONTACT: Senator Robbi King-Barrutia 332-1347 STATEMENT OF PURPOSE/ FISCAL NOTE S 1523