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S1323aa..............................................by JUDICIARY AND RULES NO CONTACT ORDERS - Amends existing law to provide that a no contact order may be entered against persons convicted of certain crimes. 01/27 Senate intro - 1st rdg - to printing 01/28 Rpt prt - to Jud 02/10 Rpt out - to 14th Ord 02/11 Rpt out amen - to engros 02/14 Rpt engros - 1st rdg - to 2nd rdg as amen 02/15 2nd rdg - to 3rd rdg as amen 02/21 3rd rdg as amen - PASSED - 34-0-1 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, 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, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Crow Floor Sponsor - King-Barrutia Title apvd - to House 02/22 House intro - 1st rdg as amen - to Jud 03/20 Rpt out - rec d/p - to 2nd rdg as amen 03/21 2nd rdg - to 3rd rdg as amen 03/30 3rd rdg as amen - PASSED - 64-0-6 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Denney, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones(Jones), Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Stevenson, Stoicheff, Stone, Tilman, Trail, Wheeler, Wood, Zimmermann NAYS -- None Absent and excused -- Deal, Ellsworth, Loertscher, Smylie, Taylor, Mr Speaker Floor Sponsor - Jaquet Title apvd - to Senate 03/31 To enrol 04/03 Rpt enrol - Pres signed - Sp signed 04/04 To Governor 04/12 Governor signed Session Law Chapter 239 Effective: 04/12/00
S1323|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE BILL NO. 1323, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO VIOLATION OF A NO CONTACT ORDER; AMENDING SECTION 18-920, IDAHO 3 CODE, TO PROVIDE FOR ENTRY OF A NO CONTACT ORDER WHEN A PERSON IS CON- 4 VICTED OF CERTAIN CRIMES AND TO MAKE A TECHNICAL CORRECTION; 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 or convicted of an offense under section 18-901, 18-903, 18-905, 18-907, 11 18-911, 18-913, 18-915, 18-918, 18-919, 18-6710, 18-6711, 18-7905,or 39-6312, 12 Idaho Code, or any other offense for which a court finds that a no contact 13 order is appropriate, an order forbidding contact with another person may be 14 issued. A no contact order may be imposed by the court or by Idaho criminal 15 rule. 16 (2) A violation of a no contact order is committed when: 17 (a) A person has been charged or convicted under any offense defined in 18 subsection (1) of this section; and 19 (b) A no contact order has been issued, either by a court or by an Idaho 20 criminal rule; and 21 (c) The person charged or convicted has had contact with the stated per- 22 son in violation of an order. 23 (3) A violation of a no contact order is punishable by a fine not exceed- 24 ing one thousand dollars ($1,000) or by imprisonment in the county jail not to 25 exceed one (1) year, or both. No bond shall be set for this violation until 26 the person charged is brought before the court which will set bond. Further, 27 any such violation may result in the increase, revocation or modification of 28 the bond set in the underlying charge for which the no contact order was 29 imposed. 30 (4) A peace officer may arrest without a warrant and take into custody a 31 person whom the peace officer has probable cause to believe has violated a no 32 contact order issued under this section if the person restrained had notice of 33 the order. 34 SECTION 2. An emergency existing therefor, which emergency is hereby 35 declared to exist, this act shall be in full force and effect on and after its 36 passage and approval.
AS1323|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000Moved by King-Barrutia Seconded by Davis IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1323 1 AMENDMENT TO SECTION 2 2 On page 1 of the printed bill, in line 34, following "2." delete the 3 remainder of the line, delete all of line 35 and insert: "An emergency exist- 4 ing therefor, which emergency is hereby declared to exist, this act shall be 5 in full force and effect on and after its passage and approval.". 6 CORRECTION TO TITLE 7 On page 1, in line 4, following "; AND" delete the remainder of the line, 8 delete all of line 5 and insert: "DECLARING AN EMERGENCY.".
STATEMENT OF PURPOSE RS09643 This bill expands the application of the Violation of a No Contact Order statute todefendants who are convicted of one of the crimes enumerated in the statute. The current statute applies only to persons charged with one of the enumerated crimes. Technically, once a person isconvicted,or has pled guilty, they are no longer charged. The amendment will offer further protection to victims of physical abuse and will aide in the apprehension of those who violate nocontact orders, which are issued by a judge. FISCAL IMPACT There is no fiscal impact on the general fund. There is the possibility of some fiscal impact oncounties or cities who prosecute these crimes. Contact: Kevin Maloney or Jim Ball Idaho Prosecuting Attorneys' Association 364-2121 STATEMENT OF PURPOSE/FISCAL NOTE S132