2002 Legislation
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SENATE BILL NO. 1308 – Domestic violence protect orders

SENATE BILL NO. 1308

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Daily Data Tracking History



S1308................................................by JUDICIARY AND RULES
DOMESTIC VIOLENCE - Amends and adds to existing law to provide for the
uniform enforcement of domestic violence protection orders.
                                                                        
01/21    Senate intro - 1st rdg - to printing
01/22    Rpt prt - to Jud
01/31    Rpt out - rec d/p - to 2nd rdg
02/01    2nd rdg - to 3rd rdg
02/07    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Boatright, Branch(Bartlett), Bunderson,
      Burtenshaw, Cameron, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
      Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
      Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
      Stennett, Thorne(Thorne), Wheeler, Williams
      NAYS -- None
      Absent and excused -- Brandt, Darrington, Hawkins
    Floor Sponsor - King-Barrutia
    Title apvd - to House
02/08    House intro - 1st rdg - to Jud
03/12    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 64-0-6
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Callister, Campbell, Clark, Collins,
      Crow, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest Higgins, Hornbeck,
      Jaquet, Jones, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Martinez, McKague, Meyer, Montgomery, Pearce, Pischner, Pomeroy,
      Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
      Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail,
      Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bruneel, Cuddy, Kellogg, Mortensen, Moyle,
      Shepherd
    Floor Sponsor - Hornbeck
    Title apvd - to Senate
03/13    To enrol
03/14    Rpt enrol - Pres signed - Sp signed
03/15    To Governor
03/22    Governor signed
         Session Law Chapter 213
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1308
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INTERSTATE ENFORCEMENT OF  DOMESTIC  VIOLENCE  PROTECTION  ORDERS;
  3        AMENDING  SECTION  39-6303, IDAHO CODE, TO DEFINE TERMS; REPEALING SECTION
  4        39-6306A, IDAHO CODE; AMENDING CHAPTER 63, TITLE 39, IDAHO  CODE,  BY  THE
  5        ADDITION  OF A NEW SECTION 39-6306A, IDAHO CODE, TO PROVIDE A SHORT TITLE,
  6        TO DEFINE TERMS, TO PROVIDE FOR JUDICIAL ENFORCEMENT OF FOREIGN PROTECTION
  7        ORDERS, TO PROVIDE  FOR  NONJUDICIAL  ENFORCEMENT  OF  FOREIGN  PROTECTION
  8        ORDERS,  TO PROVIDE FOR REGISTRATION OF FOREIGN PROTECTION ORDERS, TO PRO-
  9        VIDE FOR IMMUNITY, TO PROVIDE FOR UNIFORMITY OF APPLICATION AND  CONSTRUC-
 10        TION AND TO SET FORTH A TRANSITIONAL PROVISION; AMENDING SECTIONS 39-6309,
 11        39-6310 AND 39-6311, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section 39-6303, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        39-6303.  DEFINITIONS. (1) "Domestic violence" means  the physical injury,
 16    sexual abuse or forced imprisonment or threat thereof of a family or household
 17    member, or of a minor child by a person with whom the minor child has  had  or
 18    is having a dating relationship.
 19        (2)  "Dating  relationship,"  for the purposes of this chapter, is defined
 20    as a social relationship of a romantic nature. Factors that the court may con-
 21    sider in making this determination include:
 22        (a)  The nature of the relationship;
 23        (b)  The length of time the relationship has existed;
 24        (c)  The frequency of interaction between the parties; and
 25        (d)  The time since termination of the relationship, if applicable.
 26        (3)  "Family or household member" means spouses, former  spouses,  persons
 27    related by blood or marriage, persons who reside or have resided together, and
 28    persons  who  have a child in common regardless of whether they have been mar-
 29    ried or have lived together at any time.
 30        (4)  "Family dwelling" is any premises in which the petitioner resides.
 31        (5)  "Foreign protection order" means a protection order issued by a  tri-
 32    bunal of another state.
 33        (6)  "Judicial  day" means any day upon which court business may be trans-
 34    acted as provided in sections 1-1606 and 1-1607, Idaho Code.
 35        (67)  "Protection order" means any order issued for the  purpose  of  pre-
 36    venting  violent or threatening acts or acts of harassment against, or contact
 37    or communication with, or physical proximity to,  another  person,  where  the
 38    order was issued:
 39        (a)  Pursuant to this chapter;
 40        (b)  In  another  jurisdiction  pursuant to a provision similar to section
 41        39-6306, Idaho Code; or
 42        (c)  In any criminal or civil action, as a temporary or final order (other
 43        than a support or child custody order), and where the order was issued  in
                                                                        
                                           2
                                                                        
  1        a  response  to  a  criminal  complaint, petition or motion filed by or on
  2        behalf of a person seeking protection, and issued after giving notice  and
  3        an opportunity to respond to the person being restrained.
  4        (8)  "Respondent"  means the individual against whom enforcement of a pro-
  5    tection order is sought.
                                                                        
  6        SECTION 2.  That Section 39-6306A, Idaho Code, be, and the same is  hereby
  7    repealed.
                                                                        
  8        SECTION  3.  That  Chapter  63,  Title 39, Idaho Code, be, and the same is
  9    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 10    ignated as Section 39-6306A, Idaho Code, and to read as follows:
                                                                        
 11        39-6306A.  UNIFORM  INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION
 12    ORDERS ACT. (1) Short Title. This section may be cited as the "Uniform  Inter-
 13    state Enforcement of Domestic Violence Protection Orders Act."
 14        (2)  Definitions. As used in this section:
 15        (a)  "Issuing  state"  means  the state whose tribunal issues a protection
 16        order.
 17        (b)  "Mutual foreign protection order" means a  foreign  protection  order
 18        that includes provisions in favor of both the protected individual seeking
 19        enforcement of the order and the respondent.
 20        (c)  "Protected  individual" means an individual protected by a protection
 21        order.
 22        (d)  "State" means a state of the United States, the District of Columbia,
 23        Puerto Rico, the United States Virgin Islands or any territory or  insular
 24        possession  subject  to  the  jurisdiction  of the United States. The term
 25        includes an Indian tribe or band that has jurisdiction to issue protection
 26        orders.
 27        (e)  "Tribunal" means a court, agency, or other entity authorized  by  law
 28        to issue or modify a protection order.
 29        (3)  Judicial Enforcement of Order.
 30        (a)  A person authorized by the law of this state to seek enforcement of a
 31        protection  order may seek enforcement of a valid foreign protection order
 32        in a tribunal of this state. The tribunal shall enforce the terms  of  the
 33        order,  including  terms that provide relief that a tribunal of this state
 34        would lack power to provide but  for  this  section.  The  tribunal  shall
 35        enforce the order, whether the order was obtained by independent action or
 36        in  another  proceeding,  if  it  is an order issued in response to a com-
 37        plaint, petition or motion filed by or on behalf of an individual  seeking
 38        protection.  In  a  proceeding  to enforce a foreign protection order, the
 39        tribunal shall follow the procedures of this state for the enforcement  of
 40        protection orders.
 41        (b)  A  tribunal  of this state may not enforce a foreign protection order
 42        issued by a tribunal of a state that does not recognize the standing of  a
 43        protected individual to seek enforcement of the order.
 44        (c)  A tribunal of this state shall enforce the provisions of a valid for-
 45        eign protection order which govern custody and visitation if the order was
 46        issued  in  accordance  with the jurisdictional requirements governing the
 47        issuance of custody and visitation orders in the issuing state.
 48        (d)  A tribunal of this state may not enforce under this section a  provi-
 49        sion of a foreign protection order with respect to support.
 50        (e)  A foreign protection order is valid if it:
 51             (i)   Identifies the protected individual and the respondent;
 52             (ii)  Is currently in effect;
                                                                        
                                           3
                                                                        
  1             (iii) Was issued by a tribunal that had jurisdiction over the parties
  2             and subject matter under the law of the issuing state; and
  3             (iv)  Was issued after the respondent was given reasonable notice and
  4             had  an  opportunity to be heard before the tribunal issued the order
  5             or, in the case of an order ex parte, the respondent was given notice
  6             and had an opportunity to be heard within a reasonable time after the
  7             order was issued, consistent with the rights of the respondent to due
  8             process.
  9        (f)  A foreign protection order valid on its face is prima facie  evidence
 10        of its validity.
 11        (g)  Absence  of  any of the criteria for validity of a foreign protection
 12        order is an affirmative defense in an action seeking  enforcement  of  the
 13        order.
 14        (h)  A  tribunal  of this state may enforce provisions of a mutual foreign
 15        protection order which favor a respondent only if:
 16             (i)   The respondent filed a written pleading  seeking  a  protection
 17             order from the tribunal of the issuing state; and
 18             (ii)  The  tribunal  of  the  issuing state made specific findings in
 19             favor of the respondent.
 20        (4)  Nonjudicial Enforcement of Order.
 21        (a) A law enforcement officer of this state, upon determining  that  there
 22        is  probable cause to believe that a valid foreign protection order exists
 23        and that the order has been violated, shall enforce the  order  as  if  it
 24        were the order of a tribunal of this state. Presentation of a foreign pro-
 25        tection  order  that  identifies  both  the  protected  individual and the
 26        respondent and, on its face, is currently in effect  constitutes  probable
 27        cause  to  believe  that  a valid foreign protection order exists. For the
 28        purposes of this subsection, the foreign protection order may be inscribed
 29        on a tangible medium or may have been stored in  an  electronic  or  other
 30        medium  if it is retrievable in perceivable form. Presentation of a certi-
 31        fied copy of a foreign protection order is not required for enforcement.
 32        (b)  If a foreign protection order is not  presented,  a  law  enforcement
 33        officer  of  this  state  may  consider  other  information in determining
 34        whether there is probable cause to believe that a valid foreign protection
 35        order exists.
 36        (c)  If a law enforcement officer of this state determines that an  other-
 37        wise  valid  foreign  protection  order  cannot  be  enforced  because the
 38        respondent has not been notified or served with  the  order,  the  officer
 39        shall  inform  the  respondent  of  the order, make a reasonable effort to
 40        serve the order upon the respondent, and allow the respondent a reasonable
 41        opportunity to comply with the order before enforcing the order.
 42        (d)  Registration or filing of an order in this state is not required  for
 43        the  enforcement of a valid foreign protection order pursuant to this sec-
 44        tion.
 45        (5)  Registration of Order.
 46        (a)  Any individual may register a foreign protection order in this  state
 47        pursuant  to section 39-6311, Idaho Code. To register a foreign protection
 48        order, an individual shall present a copy of a protection order which  has
 49        been  certified  by the issuing state to a court of this state in order to
 50        be entered in the Idaho law enforcement telecommunications system pursuant
 51        to section 39-6311, Idaho Code.
 52        (b)  An individual registering a foreign protection order shall file  with
 53        the  court  an  affidavit by the protected individual stating that, to the
 54        best of the protected individual's knowledge, the order  is  currently  in
 55        effect.
                                                                        
                                           4
                                                                        
  1        (c)  A fee may not be charged for the registration of a foreign protection
  2        order.
  3        (d)  A  foreign  protection  order  registered  under  this section may be
  4        entered in any existing state or federal registry of protection orders, in
  5        accordance with applicable law.
  6        (6)  Immunity. This state  or  a  local  governmental  agency,  or  a  law
  7    enforcement  officer,  prosecuting  attorney,  clerk of court, or any state or
  8    local governmental official acting in an official  capacity,  is  immune  from
  9    civil  and criminal liability for an act or omission arising out of the regis-
 10    tration or enforcement of a foreign  protection  order  or  the  detention  or
 11    arrest  of  an  alleged  violator  of a foreign protection order if the act or
 12    omission was done in good faith in an effort to comply with this section.
 13        (7)  Uniformity of Application and Construction.  In applying and constru-
 14    ing this section, consideration shall be given to the need to promote uniform-
 15    ity of the law with respect to its subject matter among states that enact it.
 16        (8)  Transitional Provision. This section applies  to  foreign  protection
 17    orders  issued  before July 1, 2002, and to continuing actions for enforcement
 18    of foreign protection orders commenced before July  1,  2002.  A  request  for
 19    enforcement  of  a foreign protection order made on or after July 1, 2002, for
 20    violations of a foreign protection order occurring before that  date  is  gov-
 21    erned by this section.
                                                                        
 22        SECTION  4.  That  Section 39-6309, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        39-6309.  ISSUANCE OF ORDER -- ASSISTANCE OF PEACE OFFICER --  DESIGNATION
 25    OF  APPROPRIATE  LAW  ENFORCEMENT  AGENCY. When an order is issued or afforded
 26    full faith and credit a foreign protection  order  is  recognized  under  this
 27    chapter upon request of the petitioner, the court may order a peace officer to
 28    accompany the petitioner and assist in placing the petitioner in possession of
 29    the dwelling or residence, or otherwise assist in the execution of the protec-
 30    tion  order.  A certified copy of the order shall be prepared by the clerk for
 31    transmittal to the appropriate law enforcement agency as specified in  section
 32    39-6311,  Idaho  Code. Orders issued or afforded full faith and credit foreign
 33    protection orders recognized under this chapter shall include  an  instruction
 34    to  the  appropriate  law enforcement agency to execute, serve, or enforce the
 35    order.
                                                                        
 36        SECTION 5.  That Section 39-6310, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:
                                                                        
 38        39-6310.  ORDER  AND SERVICE. (1) An order issued under this chapter along
 39    with a copy of the petition for a protection order, if the respondent has  not
 40    previously received the petition, shall be personally served upon the respond-
 41    ent, except as provided in subsections (6), (7) and (8) of this section.
 42        (2)  A  peace  officer of the jurisdiction in which the respondent resides
 43    shall serve the respondent personally unless the petitioner elects to have the
 44    respondent served by a private party at the petitioner's own expense.
 45        (3)  If service by a peace officer is to be used, the clerk of  the  court
 46    shall  have  a  copy  of any order issued under this chapter and a copy of the
 47    petition for a protection order, if the respondent has not previously received
 48    the petition, forwarded on or before the next judicial day to the  appropriate
 49    law enforcement agency specified in the order for service upon the respondent.
 50    Service  of  an order issued under this chapter shall take precedence over the
 51    service of other documents unless they are of a similar emergency nature.
                                                                        
                                           5
                                                                        
  1        (4)  If the peace officer cannot  complete  service  upon  the  respondent
  2    within  ten (10) days, the sheriff or municipal peace officer shall notify the
  3    petitioner.  The  petitioner  shall  provide  information sufficient to permit
  4    notification.
  5        (5)  Returns of service under this chapter shall  be  made  in  accordance
  6    with the applicable court rules.
  7        (6)  If an order entered by the court recites that the respondent appeared
  8    in person before the court and receives a copy of the order, the necessity for
  9    further service is waived and proof of service of that order is not necessary.
 10        (7)  If  a  party  has  appeared in person before the court and has waived
 11    personal service, the clerk of the court shall complete service of any  notice
 12    of hearing or orders or modifications by certified mail to the party's address
 13    as  shown on the court petition which resulted in the issuance of the order or
 14    modification. Parties shall at all times keep the court informed of their cur-
 15    rent mailing address.
 16        (8)  If an out-of-state foreign protection order is  registered  with  the
 17    court under section 39-6306A, Idaho Code, the necessity for further service is
 18    waived and proof of service of that order is not necessary.
                                                                        
 19        SECTION  6.  That  Section 39-6311, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        39-6311.  ORDER -- TRANSMITTAL TO LAW  ENFORCEMENT  AGENCY  --  RECORD  IN
 22    IDAHO  LAW  ENFORCEMENT  TELECOMMUNICATIONS  SYSTEM -- ENFORCEABILITY. (1) The
 23    orders issued under sections 39-6306 and 39-6308, Idaho Code, or  out-of-state
 24    foreign protection orders afforded full faith and credit recognized under sec-
 25    tion 39-6306A, Idaho Code, shall be in a form approved by the supreme court of
 26    the state of Idaho.
 27        (2)  (a) A  copy  of a protection order granted or afforded full faith and
 28        credit a foreign protection order recognized under this chapter  shall  be
 29        forwarded  by the clerk of the court on or before the next judicial day to
 30        the appropriate law enforcement agency specified in the order.
 31        (b)  Upon receipt of the order, the law enforcement agency shall forthwith
 32        enter the order and its expiration date into  the  Idaho  law  enforcement
 33        telecommunications  system available in this state used by law enforcement
 34        agencies to list outstanding warrants. Notification of service as required
 35        in section 39-6310, Idaho Code, shall also be entered into the  Idaho  law
 36        enforcement  telecommunications  system upon receipt. Entry into the Idaho
 37        law enforcement telecommunications system constitutes notice  to  all  law
 38        enforcement  agencies  of  the  existence of the order. The order is fully
 39        enforceable in any county in the state. Renewals of  the  order  shall  be
 40        recorded  in  the  same manner as original orders. The information entered
 41        shall specifically state that the protection order is civil in nature.  If
 42        the  appropriate law enforcement agency determines that the service infor-
 43        mation sheet is incomplete  or  cannot  be  entered  into  the  Idaho  law
 44        enforcement  telecommunications  system upon receipt, the service informa-
 45        tion sheet shall be returned to the clerk of the court. The clerk  of  the
 46        court shall then notify the petitioner of the error or omission.
 47        (3)  Law  enforcement  agencies shall establish procedures reasonably ade-
 48    quate to assure that an officer approaching or actually at  the  scene  of  an
 49    incident  of  domestic  violence may be informed of the existence and terms of
 50    such protection order.
 51        (4)  A protection order shall remain in effect for the  term  set  by  the
 52    court  or  until  terminated by the court. A protection order may, upon motion
 53    and upon good cause shown, be renewed for additional terms not to  exceed  one
                                                                        
                                           6
                                                                        
  1    (1) year each if the requirements of this chapter are met. The motion to renew
  2    an  order  may  be granted without a hearing, if not timely objected to by the
  3    party against whom the order was entered. If the  petitioner  voluntarily  and
  4    without  duress  consents to the waiver of any portion of the protection order
  5    vis-a-vis the respondent pursuant to section 39-6313, Idaho  Code,  the  order
  6    may be modified by the court.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE 
                               RS 11664

This act establishes uniform procedures that will enable courts 
to recognize and enforce valid domestic protection orders issued 
in other jurisdictions. Uniformity will enable courts around the 
country to treat such cases consistently, thereby better serving 
the needs of victims of domestic violence.


                          FISCAL IMPACT

None.



Contact
Name:    Dale G. Higer
Agency:  Commission on Uniform State Laws
Phone:   387-4288


STATEMENT OF PURPOSE/FISCAL NOTE		S 1308