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S1351aa..............................................by JUDICIARY AND RULES
DOMESTIC VIOLENCE - Amends existing law to revise terms relating to
domestic violence.
01/31 Senate intro - 1st rdg - to printing
02/01 Rpt prt - to Jud
02/18 Rpt out - to 14th Ord
02/19 Ret'd to Jud
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/22 3rd rdg - To 14th Ord
02/26 Rpt out amen - to engros
02/27 Rpt engros - 1st rdg - to 2nd rdg as amen
02/28 2nd rdg - to 3rd rdg as amen
03/01 3rd rdg as amen - PASSED - 29-2-4
AYES -- Andreason, Boatright, Branch(Bartlett), Bunderson,
Burtenshaw, Davis, Deide, Dunklin, Frasure, Goedde, Hill, Ingram,
Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson,
Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne,
Wheeler
NAYS -- Darrington, Hawkins
Absent and excused -- Brandt, Cameron, Geddes, Williams
Floor Sponsor - Dunklin
Title apvd - to House
03/04 House intro - 1st rdg - to W/M
03/06 Rpt out - ref'd to Jud
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
Rls susp - PASSED - 63-5-2
AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
Jaquet, Jones, Kellogg, Kunz, Loertscher, Mader, Martinez, Meyer,
Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd,
Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail,
Wheeler, Young, Mr. Speaker
NAYS -- Barrett, Kendell, Langford, McKague, Wood
Absent and excused -- Crow, Lake
Floor Sponsor - Jaquet
Title apvd - to Senate
03/13 To enrol
03/14 Rpt enrol - Pres signed
Sp signed
03/15 To Governor
03/27 Governor signed
Session Law Chapter 331
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1351
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC VIOLENCE; AMENDING SECTION 39-6303, IDAHO CODE, TO FUR-
3 THER DEFINE THE TERM "DOMESTIC VIOLENCE."
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 39-6303, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-6303. DEFINITIONS. (1) "Domestic violence" means the physical injury,
8 sexual abuse or forced imprisonment or threat thereof of a family or household
9 member, or of a minor child by a person with whom the minor child has had or
10 is having a dating relationship, or of an adult by a person with whom the
11 adult has had or is having a dating relationship.
12 (2) "Dating relationship," for the purposes of this chapter, is defined
13 as a social relationship of a romantic nature. Factors that the court may con-
14 sider in making this determination include:
15 (a) The nature of the relationship;
16 (b) The length of time the relationship has existed;
17 (c) The frequency of interaction between the parties; and
18 (d) The time since termination of the relationship, if applicable.
19 (3) "Family or household member" means spouses, former spouses, persons
20 related by blood or marriage, persons who reside or have resided together, and
21 persons who have a child in common regardless of whether they have been mar-
22 ried or have lived together at any time.
23 (4) "Family dwelling" is any premises in which the petitioner resides.
24 (5) "Judicial day" means any day upon which court business may be trans-
25 acted as provided in sections 1-1606 and 1-1607, Idaho Code.
26 (6) "Protection order" means any order issued for the purpose of prevent-
27 ing violent or threatening acts or acts of harassment against, or contact or
28 communication with, or physical proximity to, another person, where the order
29 was issued:
30 (a) Pursuant to this chapter;
31 (b) In another jurisdiction pursuant to a provision similar to section
32 39-6306, Idaho Code; or
33 (c) In any criminal or civil action, as a temporary or final order (other
34 than a support or child custody order), and where the order was issued in
35 a response to a criminal complaint, petition or motion filed by or on
36 behalf of a person seeking protection, and issued after giving notice and
37 an opportunity to respond to the person being restrained.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Davis
Seconded by Richardson
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1351
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 19, delete "or household" and
3 insert: "or household"; and also in line 19, delete "former spouses," and
4 insert: "former spouses, and"; in line 20, following "blood" insert: ", adop-
5 tion"; and also in line 20, delete "marriage, persons who reside or have
6 resided together, and"; delete lines 21 and 22, and insert: "marriage., per-
7 sons who reside or have resided together, and persons who have a child in com-
8 mon regardless of whether they have been married or have lived together at any
9 time."; following line 23, insert:
10 "(5) "Household member" means persons who reside or have resided
11 together, and persons who have a child in common regardless of whether they
12 have been married or have lived together at any time.";
13 in line 24, delete "(5)" and insert: "(56)"; and in line 26, delete "(6)" and
14 insert: "(67)".
15 CORRECTION TO TITLE
16 On page 1, in line 3, delete "THE TERM "DOMESTIC VIOLENCE."" and insert:
17 "AND REVISE TERMS.".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1351, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC VIOLENCE; AMENDING SECTION 39-6303, IDAHO CODE, TO FUR-
3 THER DEFINE AND REVISE TERMS.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 39-6303, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-6303. DEFINITIONS. (1) "Domestic violence" means the physical injury,
8 sexual abuse or forced imprisonment or threat thereof of a family or household
9 member, or of a minor child by a person with whom the minor child has had or
10 is having a dating relationship, or of an adult by a person with whom the
11 adult has had or is having a dating relationship.
12 (2) "Dating relationship," for the purposes of this chapter, is defined
13 as a social relationship of a romantic nature. Factors that the court may con-
14 sider in making this determination include:
15 (a) The nature of the relationship;
16 (b) The length of time the relationship has existed;
17 (c) The frequency of interaction between the parties; and
18 (d) The time since termination of the relationship, if applicable.
19 (3) "Family or household member" means spouses, former spouses, and per-
20 sons related by blood, adoption or marriage., persons who reside or have
21 resided together, and persons who have a child in common regardless of whether
22 they have been married or have lived together at any time.
23 (4) "Family dwelling" is any premises in which the petitioner resides.
24 (5) "Household member" means persons who reside or have resided together,
25 and persons who have a child in common regardless of whether they have been
26 married or have lived together at any time.
27 (56) "Judicial day" means any day upon which court business may be trans-
28 acted as provided in sections 1-1606 and 1-1607, Idaho Code.
29 (67) "Protection order" means any order issued for the purpose of pre-
30 venting violent or threatening acts or acts of harassment against, or contact
31 or communication with, or physical proximity to, another person, where the
32 order was issued:
33 (a) Pursuant to this chapter;
34 (b) In another jurisdiction pursuant to a provision similar to section
35 39-6306, Idaho Code; or
36 (c) In any criminal or civil action, as a temporary or final order (other
37 than a support or child custody order), and where the order was issued in
38 a response to a criminal complaint, petition or motion filed by or on
39 behalf of a person seeking protection, and issued after giving notice and
40 an opportunity to respond to the person being restrained.
STATEMENT OF PURPOSE
RS 11534
The purpose of this bill is to add to the definition of domestic
violence the category of adults in a dating relationship, thus
allowing them to qualify for protection of orders. Domestic
violence occurs just as frequently in dating relationship as in
marriage. Often, as a result of the violence, the victim feels
he or she cannot escape the relationship or even feels that he or
she is the cause of the violence. These victims need the
protection offered by a protection order.*
FISCAL IMPACT
*This bill would increase the number of protection orders sought
in our courts, and, if granted, the number of those arrested and
convicted of violating the order. We do not expect this to be a
large number. A dollar amount cannot be determined at this time. *
Contact
Name: Trisha Swartling, ASDV director
Phone: 208.788.4191
Sen. Betsy Dunklin
Rep. Wendy Jaquet
STATEMENT OF PURPOSE/FISCAL NOTE S 1351