2000 Legislation
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SENATE BILL NO. 1378 – Domestic violence, household member

SENATE BILL NO. 1378

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Daily Data Tracking History



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

Bill Text


 S1378
                                                                        
                                                                        
  ||||              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
 11    member.
 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
 21    context.
 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 / Fiscal Impact


     
     
                STATEMENT OF PURPOSE 
                       RS09693 
     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. 
     
     
     
                     FISCAL NOTE
     There is no fiscal impact. 
     
     
     
     
     
     
     
     CONTACT:    Barbara Dehl
                208-850-7061
                Senator Jerry Thorne 
                208-332-1323 
     
                                                  STATEMENT OF PURPOSE/ FISCAL NOTE                           S1378