Print Friendly SENATE BILL NO. 1308 – Domestic violence protect orders
SENATE BILL NO. 1308
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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,
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
|||| 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
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
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
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
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
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;
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
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
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-
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
1 (c) A fee may not be charged for the registration of a foreign protection
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
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.
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
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 a n 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
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
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.
Name: Dale G. Higer
Agency: Commission on Uniform State Laws
STATEMENT OF PURPOSE/FISCAL NOTE S 1308