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H0065aa..............................by JUDICIARY, RULES AND ADMINISTRATION
ASSAULT/BATTERY - Amends existing law to provide punishment for assault or
battery committed against certain current or former officers of the court
and against law enforcement officers.
01/18 House intro - 1st rdg - to printing
01/19 Rpt prt - to Jud
01/26 Rpt out - rec d/p - to 2nd rdg
01/29 2nd rdg - to 3rd rdg
02/05 Returned to Jud
02/07 Rpt out - to Gen Ord
02/14 Rpt out amen - to engros
02/15 Rpt engros - 1st rdg - to 2nd rdg as amen
02/16 2nd rdg - to 3rd rdg as amen
02/19 3rd rdg as amen - PASSED - 54-12-4
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
Bruneel, Chase, Clark, Collins, Cuddy, Deal, Denney, Ellis,
Ellsworth, Eskridge, Field(13), Field(20), Gould, Hammond, Henbest,
Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Langford,
Marley, Meyer, Montgomery, Mortensen, Moss, Pearce, Pischner,
Pomeroy, Raybould, Roberts, Robison, Sali, Schaefer, Sellman,
Shepherd, Smylie, Stevenson, Swan, Tilman, Trail, Wheeler, Young, Mr.
Speaker
NAYS -- Barrett, Callister, Campbell, Crow, Gagner, Hadley, Harwood,
Lake, Loertscher, McKague, Moyle, Smith
Absent and excused -- Mader, Ridinger, Stone, Wood
Floor Sponsor -- Hammond
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to Jud
03/01 Rpt out - rec d/p - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/16 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS -- None
Absent and excused -- Williams
Floor Sponsor -- Richardson
Title apvd - to House
03/19 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - to Governor
03/26 Governor signed
Session Law Chapter 181
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 65
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL OFFENSES; AMENDING SECTION 18-915, IDAHO CODE, TO PROVIDE
3 PUNISHMENT FOR ASSAULT OR BATTERY COMMITTED AGAINST CERTAIN CURRENT OR
4 FORMER OFFICERS OF THE COURT AND LAW ENFORCEMENT OFFICERS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 18-915, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 18-915. ASSAULT OR BATTERY UPON CERTAIN PERSONNEL -- PUNISHMENT. Any per-
9 son who commits a crime provided for in this chapter against or upon a jus-
10 tice, judge, magistrate, prosecuting attorney, public defender, peace officer,
11 bailiff, marshal, sheriff, police officer, correctional officer, employee of
12 the department of correction, employee of a private prison contractor while
13 employed at a private correctional facility in the state of Idaho, employees
14 of the department of water resources authorized to enforce the provisions of
15 chapter 38, title 42, Idaho Code, jailer, parole officer, officer of the Idaho
16 state police, fireman, social caseworkers or social work specialists of the
17 department of health and welfare, employee of a state secure confinement
18 facility for juveniles, employee of a juvenile detention facility, a teacher
19 at a detention facility or a juvenile probation officer, emergency medical
20 technician certified by the department of health and welfare, emergency medi-
21 cal technician-ambulance certified by the department of health and welfare,
22 advanced emergency medical technician and EMT-paramedic certified by the state
23 board of medicine, a member, employee or agent of the state tax commission,
24 United States marshal, or federally commissioned law enforcement officer or
25 their deputies or agents and the perpetrator knows or has reason to know of
26 the victim's status, the punishment shall be as follows:
27 (a) For committing battery with intent to commit a serious felony the
28 punishment shall be imprisonment in the state prison not to exceed twenty-five
29 (25) years.
30 (b) For committing any other crime in this chapter the punishment shall
31 be doubled that provided in the respective section, except as provided in sub-
32 sections (c) and (d) of this section.
33 (c) For committing a violation of the provisions of section 18-901 or
34 18-903, Idaho Code, against the person of a justice, judge or magistrate,
35 jailer or correctional officer or other staff of the department of correction,
36 or a county jail, or of a private correctional facility, or of an employee of
37 a state secure confinement facility for juveniles, an employee of a juvenile
38 detention facility, a teacher at a detention facility or a juvenile probation
39 officer and the person committing the offense knows or reasonably should know
40 that such victim is a justice, judge or magistrate, jailer or correctional
41 officer or other staff of the department of correction, or of a private cor-
42 rectional facility, an employee of a state secure confinement facility for
43 juveniles, an employee of a juvenile detention facility, a teacher at a deten-
2
1 tion facility or a juvenile probation officer engaged in the performance of
2 his duties because of the victim's former or present official status, and the
3 victim is engaged in the performance of his duties, the offense shall be a
4 felony punishable by imprisonment in a correctional facility for a period of
5 not more than five (5) years, and said sentence shall be served consecutively
6 to any sentence being currently served.
7 (d) For committing a violation of the provisions of section 18-903, Idaho
8 Code, against the person of a peace officer because of the victim's former or
9 present official status, the offense shall be a felony punishable by imprison-
10 ment in a correctional facility for a period of not more than five (5) years,
11 and said sentence shall be served consecutively to any sentence being cur-
12 rently served.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Hammond
Seconded by Gould
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 65
1 AMENDMENT TO SECTION 1
2 On page 2 of the printed bill, in line 8, following "Code," insert:
3 "except unlawful touching as described in section 18-903(b), Idaho Code,", and
4 also in line 8, following "officer" insert: ", sheriff or police officer".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 65, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL OFFENSES; AMENDING SECTION 18-915, IDAHO CODE, TO PROVIDE
3 PUNISHMENT FOR ASSAULT OR BATTERY COMMITTED AGAINST CERTAIN CURRENT OR
4 FORMER OFFICERS OF THE COURT AND LAW ENFORCEMENT OFFICERS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 18-915, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 18-915. ASSAULT OR BATTERY UPON CERTAIN PERSONNEL -- PUNISHMENT. Any per-
9 son who commits a crime provided for in this chapter against or upon a jus-
10 tice, judge, magistrate, prosecuting attorney, public defender, peace officer,
11 bailiff, marshal, sheriff, police officer, correctional officer, employee of
12 the department of correction, employee of a private prison contractor while
13 employed at a private correctional facility in the state of Idaho, employees
14 of the department of water resources authorized to enforce the provisions of
15 chapter 38, title 42, Idaho Code, jailer, parole officer, officer of the Idaho
16 state police, fireman, social caseworkers or social work specialists of the
17 department of health and welfare, employee of a state secure confinement
18 facility for juveniles, employee of a juvenile detention facility, a teacher
19 at a detention facility or a juvenile probation officer, emergency medical
20 technician certified by the department of health and welfare, emergency medi-
21 cal technician-ambulance certified by the department of health and welfare,
22 advanced emergency medical technician and EMT-paramedic certified by the state
23 board of medicine, a member, employee or agent of the state tax commission,
24 United States marshal, or federally commissioned law enforcement officer or
25 their deputies or agents and the perpetrator knows or has reason to know of
26 the victim's status, the punishment shall be as follows:
27 (a) For committing battery with intent to commit a serious felony the
28 punishment shall be imprisonment in the state prison not to exceed twenty-five
29 (25) years.
30 (b) For committing any other crime in this chapter the punishment shall
31 be doubled that provided in the respective section, except as provided in sub-
32 sections (c) and (d) of this section.
33 (c) For committing a violation of the provisions of section 18-901 or
34 18-903, Idaho Code, against the person of a justice, judge or magistrate,
35 jailer or correctional officer or other staff of the department of correction,
36 or a county jail, or of a private correctional facility, or of an employee of
37 a state secure confinement facility for juveniles, an employee of a juvenile
38 detention facility, a teacher at a detention facility or a juvenile probation
39 officer and the person committing the offense knows or reasonably should know
40 that such victim is a justice, judge or magistrate, jailer or correctional
41 officer or other staff of the department of correction, or of a private cor-
42 rectional facility, an employee of a state secure confinement facility for
43 juveniles, an employee of a juvenile detention facility, a teacher at a deten-
2
1 tion facility or a juvenile probation officer engaged in the performance of
2 his duties because of the victim's former or present official status, and the
3 victim is engaged in the performance of his duties, the offense shall be a
4 felony punishable by imprisonment in a correctional facility for a period of
5 not more than five (5) years, and said sentence shall be served consecutively
6 to any sentence being currently served.
7 (d) For committing a violation of the provisions of section 18-903, Idaho
8 Code, except unlawful touching as described in section 18-903(b), Idaho Code,
9 against the person of a peace officer, sheriff or police officer because of
10 the victim's former or present official status, the offense shall be a felony
11 punishable by imprisonment in a correctional facility for a period of not more
12 than five (5) years, and said sentence shall be served consecutively to any
13 sentence being currently served.
STATEMENT OF PURPOSE
RS 10642
Under current law, a person who batters a judge or
jailer or correctional officer is guilty of a felony only
when the attack occurs when the official is on duty.
Conversely, a person who beats a former judge for a sentence
previously imposed, or who catches a judge or jailer at home
when the battery occurs will only face a misdemeanor penalty.
Even more ironic, the person who brings the criminal to the
court or jail or prison - the peace officer - is not afforded
similar protection. It is only a misdemeanor to batter a
peace officer.
This legislation rectifies these anomalies in the law.
Any person who knowingly batters a judge, jailer or
correctional guard will face a felony, irrespective of
whether such person is on duty or not. It will protect
retired judges, jailers or guards as well, when the attack is
made as revenge for some act occurring because of the
person s former status. It raises the penalty for battery on
peace officers from a misdemeanor to a felony and similarly
protects former or off-duty peace officers from revenge
batteries.
FISCAL IMPACT
This legislation will have no direct impact on the
general fund.
CONTACT: Idaho Sheriffs Association, Michael J. Kane
Phone: 342-4545
STATEMENT OF PURPOSE/FISCAL IMPACT H 65