2000 Legislation
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SENATE BILL NO. 1525 – Domestic violence, counseling


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S1525................................................by JUDICIARY AND RULES
DOMESTIC VIOLENCE - Amends existing law to clarify that a household member
who commits a battery and willfully and unlawfully inflicts a traumatic
injury upon another household member is guilty of a felony; and to require
that counseling and treatment of offenders be conducted according to
standards established or approved by the Council on Domestic Violence.
02/24    Senate intro - 1st rdg - to printing
02/25    Rpt prt - to Jud
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 33-0-2
      AYES--Andreason, Boatright, Bunderson, Cameron, 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, Walton/Branch, Wheeler, Whitworth, Williams
      Absent and excused--Burtenshaw, Crow
    Floor Sponsor - Dunklin
    Title apvd - to House
03/13    House intro - 1st rdg - to Jud
03/24    Rpt out - rec d/p - to 2nd rdg
03/27    2nd rdg - to 3rd rdg
04/03    3rd rdg - PASSED - 61-1-8
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
      Black, Boe, Bruneel, Callister, Campbell, Chase, Cuddy, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond,
      Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Montgomery,
      Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ringo,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stoicheff,
      Stone, Taylor, Tilman, Trail, Wood, Zimmermann
      NAYS -- Cheirrett
      Absent and excused -- Clark, Crow, Deal, Geddes, Ridinger, Stevenson,
      Wheeler, Mr Speaker
    Floor Sponsor - Jaquet
    Title apvd - to Senate
04/04    To enrol - rpt enrol - Pres signed
04/05    Sp signed
04/06    To Governor
04/14    Governor signed
         Session Law Chapter 358
         Effective: 04/14/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1525
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  8    Be It Enacted by the Legislature of the State of Idaho:
  9        SECTION  1.  That  Section  18-918, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
 11        18-918.  DOMESTIC  VIOLENCE.  (1)  For  the  purpose  of   this   section,
 12    "household  member" means a person who is a spouse, former spouse, or a person
 13    who has a child in common regardless of whether they have been  married  or  a
 14    person  with  whom a person is cohabiting, whether or not they have married or
 15    have held themselves out to be husband or wife.
 16        (2)  As used in this section, "traumatic injury" means a condition of  the
 17    body,  such  as  a wound or external or internal injury, whether of a minor or
 18    serious nature, caused by physical force.
 19        (3)  Any household member who commits a battery,  as  defined  in  section
 20    18-903,  Idaho  Code, and willfully and unlawfully inflicts a traumatic injury
 21    upon any other household member is guilty of a felony.
 22        (4)  A household member who commits an  assault,  as  defined  in  section
 23    18-901,  Idaho Code, against another household member which does not result in
 24    traumatic injury is guilty of a misdemeanor domestic assault.
 25        (5)  A household member who commits  a  battery,  as  defined  in  section
 26    18-903,  Idaho Code, against another household member which does not result in
 27    traumatic injury is guilty of a misdemeanor domestic battery.
 28        (6)  A conviction of felony domestic battery is punishable by imprisonment
 29    in the state prison for a term not to exceed ten (10) years or by a  fine  not
 30    to exceed ten thousand dollars ($10,000) or by both fine and imprisonment.
 31        (7)  (a)  Upon  a  first  conviction,  the  crime  of misdemeanor domestic
 32        assault or battery is punishable by a fine not exceeding one thousand dol-
 33        lars ($1,000) or by imprisonment in a county jail not to  exceed  six  (6)
 34        months,  or  both.  Upon a second conviction, within ten (10) years of the
 35        first conviction, the person so convicted shall be punished  by  imprison-
 36        ment in the county jail for a term not to exceed one (1) year or by a fine
 37        not  exceeding two thousand dollars ($2,000) or by both fine and imprison-
 38        ment. Upon a third or subsequent conviction, within fifteen (15) years  of
 39        the first conviction, the person so convicted shall be punished by impris-
 40        onment in the state prison for a term not to exceed five (5) years or by a
 41        fine  not  to  exceed  five  thousand dollars ($5,000) or by both fine and
 42        imprisonment.
 43        (b)  The maximum penalties provided in this section shall be doubled where
  1        the act of domestic assault or battery for which the person  is  convicted
  2        or  pleads  guilty  took place in the presence of a child. For purposes of
  3        this section, "in the presence of a child" means in the physical  presence
  4        of  a  child or knowing that a child is present and may see or hear an act
  5        of domestic assault or battery. For  purposes  of  this  section,  "child"
  6        means a person under sixteen (16) years of age.
  7        (8)  (a) Any person who pleads guilty or is found guilty of a violation of
  8        this  section shall undergo, at the person's own expense, an evaluation by
  9        a person, agency or organization approved by the court in accordance  with
 10        subsection  (c)  of this section to determine whether the defendant should
 11        be required to obtain aggression counseling or  other  appropriate  treat-
 12        ment.  Such  evaluation shall be completed prior to the sentencing date if
 13        the court's list of approved evaluators, in accordance with subsection (c)
 14        of this section, contains evaluators who are able to perform  the  evalua-
 15        tion  prior to the sentencing dates. If the evaluation recommends counsel-
 16        ing or other treatment, the evaluation shall recommend the type  of  coun-
 17        seling  or  treatment  considered  appropriate for the defendant, together
 18        with the estimated costs thereof, and shall recommend any  other  suitable
 19        alternative  counseling or treatment programs, together with the estimated
 20        costs thereof. The defendant shall request that a copy  of  the  completed
 21        evaluation  be forwarded to the court. The court shall take the evaluation
 22        into consideration in determining an appropriate sentence. If  a  copy  of
 23        the completed evaluation has not been provided to the court, the court may
 24        proceed  to  sentence  the  defendant; however, in such event, it shall be
 25        presumed that counseling is required unless the defendant makes a  showing
 26        by  a  preponderance  of  evidence that counseling is not required. If the
 27        defendant has not made a good faith effort to provide the  completed  copy
 28        of  the evaluation to the court, the court may consider the failure of the
 29        defendant to provide the report as an aggravating circumstance  in  deter-
 30        mining  an  appropriate  sentence.  If  counseling  or  other treatment is
 31        ordered, in no event shall the person, agency or  organization  doing  the
 32        evaluation  be  the person, agency or organization that provides the coun-
 33        seling or other treatment unless this requirement is waived  by  the  sen-
 34        tencing court, with the exception of federally recognized Indian tribes or
 35        federal  military  installations, where diagnosis and treatment are appro-
 36        priate and available. Nothing herein contained shall preclude the  use  of
 37        funds  authorized  for  court-ordered  counseling or treatment pursuant to
 38        this section for indigent defendants as provided by law. In the event that
 39        funding is provided for or on behalf of the defendant  by  a  governmental
 40        entity, the defendant shall be ordered to make restitution to such govern-
 41        mental  entity in accordance with the restitution procedure for crime vic-
 42        tims, as specified under chapter 53, title 19, Idaho Code.
 43        (b)  If the evaluation recommends counseling or other treatment, the court
 44        shall order the person to complete the counseling or  other  treatment  in
 45        addition  to  any other sentence which may be imposed. If the court deter-
 46        mines that counseling or treatment would be inappropriate or  undesirable,
 47        the  court shall enter findings articulating the reasons for such determi-
 48        nation on the record. The court shall order the defendant to complete  the
 49        preferred  counseling or treatment program set forth in the evaluation, or
 50        a comparable alternative, unless it appears that the defendant cannot rea-
 51        sonably obtain adequate financial resources for such counseling or  treat-
 52        ment.  In that event, the court may order the defendant to complete a less
 53        costly alternative set forth in the evaluation or  a  comparable  program.
 54        Nothing  contained  in  this  subsection shall be construed as requiring a
 55        court to order that counseling or  treatment  be  provided  at  government
  1        expense unless otherwise required by law.
  2        (c)  Each  judicial  district shall by rule establish a uniform system for
  3        the qualification and approval of persons, agencies  or  organizations  to
  4        perform  the  evaluations  required  in  this  subsection.  Only qualified
  5        evaluators approved by the court shall be authorized to perform such eval-
  6        uations. Funds to establish a system for approval of evaluators  shall  be
  7        derived  from  moneys  designated  therefor  and deposited in the district
  8        court fund as provided in section 31-3201A(p), Idaho Code.
  9        (d)  Counseling or treatment ordered pursuant to  this  section  shall  be
 10        conducted  according  to  standards  established  or approved by the Idaho
 11        council on domestic violence.
 12        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 13    declared to exist, this act shall be in full force and effect on and after its
 14    passage and approval.

Statement of Purpose / Fiscal Impact

                 STATEMENT OF PURPOSE
     One part of this bill addresses a phrase in legislation passed in 1998 that has been
     found unconstitutional by an Idaho judge.  A household member who willfully
     inflicts a traumatic injury was not specific enough, and this bill will add specific
     language to clarify that an unlawful battery must have occurred.    The other part
     of this bill is to clarify that programs that treat batterers must meet the domestic
     violence batterer treatment standards created by the Council on Domestic
                    FISCAL IMPACT
     The fiscal impact will be a savings to the state with fewer arrests being made.
     Fewer will be charged with 18-918 as the definition of a traumatic injury will
     narrow who this domestic assault and battery applies to.  Using the domestic
     violence batterer standards will have no fiscal impact on the state. 
     Celia Heady 
     Idaho Council on Domestic Violence
                                                       STATEMENT OF PURPOSE/FISCAL IMPACT                S 1525