2000 Legislation
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HOUSE BILL NO. 454 – Assault committed, no contact order

HOUSE BILL NO. 454

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Daily Data Tracking History



H0454................................by JUDICIARY, RULES AND ADMINISTRATION
ASSAULT - Amends existing law to add being charged with assault to commit a
serious felony to the list of charged offenses for which a no contact order
may be issued.
                                                                        
01/28    House intro - 1st rdg - to printing
01/31    Rpt prt - to Jud
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 64-0-6
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd,
      Kellogg, Kempton, Kendell, Lake, Linford, Loertscher, Mader, Marley,
      McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Sellman, Shepherd,
      Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail,
      Wheeler, Wood, Mr Speaker
      NAYS -- None
      Absent and excused -- Crow, Gagner, Jones, Kunz, Schaefer, Zimmermann
    Floor Sponsor - Jaquet
    Title apvd - to Senate
02/29    Senate intro - 1st rdg - to Jud
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/28    3rd rdg - 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 - King-Barrutia
    Title apvd - to House
03/29    To enrol
03/30    Rpt enrol - Sp signed - Pres signed
03/31    To Governor
04/03    Governor signed
         Session Law Chapter 146
         Effective: 04/03/00

Bill Text


 H0454
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 454
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO  NO CONTACT ORDERS; AMENDING SECTION 18-920, IDAHO  CODE,  TO  ADD
  3        BEING  CHARGED  WITH  ASSAULT  TO  COMMIT  A SERIOUS FELONY TO THE LIST OF
  4        CHARGED OFFENSES FOR WHICH A NO CONTACT ORDER MAY BE ISSUED; AND DECLARING
  5        AN EMERGENCY.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 18-920, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        18-920.  VIOLATION  OF NO CONTACT ORDER. (1) When a person is charged with
 10    an offense under section  18-901,  18-903,  18-905,  18-907,  18-909,  18-911,
 11    18-913,  18-915,  18-918, 18-919, 18-6710, 18-6711, 18-7905, or 39-6312, Idaho
 12    Code, or any other offense for which a court finds that a no contact order  is
 13    appropriate,  an order forbidding contact with another person may be issued. A
 14    no contact order may be imposed by the court or by Idaho criminal rule.
 15        (2)  A violation of a no contact order is committed when:
 16        (a)  A person has been charged under any offense defined in subsection (1)
 17        of this section; and
 18        (b)  A no contact order has been issued, either by a court or by an  Idaho
 19        criminal rule; and
 20        (c)  The  person  charged has had contact with the stated person in viola-
 21        tion of an order.
 22        (3)  A violation of a no contact order is punishable by a fine not exceed-
 23    ing one thousand dollars ($1,000) or by imprisonment in the county jail not to
 24    exceed one (1) year, or both. No bond shall be set for  this  violation  until
 25    the  person  charged is brought before the court which will set bond. Further,
 26    any such violation may result in the increase, revocation or  modification  of
 27    the  bond  set  in  the  underlying  charge for which the no contact order was
 28    imposed.
 29        (4)  A peace officer may arrest without a warrant and take into custody  a
 30    person  whom the peace officer has probable cause to believe has violated a no
 31    contact order issued under this section if the person restrained had notice of
 32    the order.
                                                                        
 33        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 34    declared to exist, this act shall be in full force and effect on and after its
 35    passage and approval.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 09574 

The purpose of this legislation is to amend Idaho Code, Section 
18-920, relating to No Contact Orders. This will add charges of 
assault to commit a serious felony to the list of charged offenses 
for which a No Contact Order may be issued and will take effect 
immediately. This legislation incorporates a section that was 
inadvertently omitted when the order was originally enacted.

                          FISCAL IMPACT 

There is no fiscal impact. 

Contact 
Name: Representative Wendy Jaquet
Phone: 208/332-1133

STATEMENT OF PURPOSE/FISCAL NOTE                       H  454