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S1355................................................by JUDICIARY AND RULES
DOMESTIC VIOLENCE - Amends existing law to provide misdemeanor penalties
for first offense of violation of a protection order; to provide felony
penalties for subsequent violations; and to provide felony penalties when a
violation of the protection order is combined with the commission of other
specified crimes.
01/31 Senate intro - 1st rdg - to printing
02/01 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1355
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO PROTECTION ORDERS IN DOMESTIC VIOLENCE CASES; AMENDING SECTION
3 39-6312, IDAHO CODE, TO PROVIDE MISDEMEANOR PENALTIES FOR FIRST OFFENSES
4 AND FELONY PENALTIES FOR SUBSEQUENT VIOLATIONS AND TO PROVIDE FOR FELONY
5 PENALTIES WHEN A VIOLATION OF THE PROTECTION ORDER IS COMBINED WITH COM-
6 MISSION OF OTHER SPECIFIED CRIMES.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 39-6312, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-6312. VIOLATION OF ORDER -- PENALTIES. (1) Whenever a protection order
11 is granted and the respondent or person to be restrained had notice of the
12 order, a violation of the provisions of the order or of a provision excluding
13 the person from a residence shall be a misdemeanor and upon a first convic-
14 tion, plea of guilty or finding of guilt shall be punishable by not to exceed
15 one (l) year in jail and a fine not to exceed five thousand dollars ($5,000),
16 ten dollars ($10.00) of which shall be deposited to the credit of the domestic
17 violence project account created in section 39-5212, Idaho Code.
18 (2) Any person who is convicted, pleads guilty to or is found guilty of a
19 second or subsequent violation of this section within ten (10) years shall be
20 guilty of a felony and shall be sentenced to the custody of the state board of
21 correction for a term not to exceed five (5) years, and a fine not to exceed
22 five thousand dollars ($5,000), or by both such fine and imprisonment.
23 (3) Any person who is convicted, pleads guilty to or is found guilty of a
24 violation of this section and in the commission of that offense also commits a
25 violation of section 18-801, 18-901, 18-903, 18-905, 18-907, 18-909, 18-911,
26 18-913, 18-915, 18-918, 18-1501, 18-1506A, 18-1507, 18-1508, 18-1508A,
27 18-1509, 18-2604, 18-3301, 18-3302, 18-3302B, 18-3302C, 18-3302D, 18-3303,
28 18-3304, 18-3305, 18-3306, 18-3312, 18-3316, 18-3317, 18-3319, 18-3320,
29 18-4001, 18-4006, 18-4014, 18-4015, 18-4501, 18-4506, 18-5001, 18-5003,
30 18-6101, 18-6107, 18-6108, 18-6602, 18-6605, 18-6608, 18-7001, 18-7006,
31 18-7902 or 18-7905, Idaho Code, shall be guilty of a felony and shall be pun-
32 ishable as provided in subsection (2) of this section.
33 (4) A peace officer may arrest without a warrant and take into custody a
34 person whom the peace officer has probable cause to believe has violated an
35 order, if the person restrained had notice of the order.
36 (35) The person against whom a protection order has been issued by an
37 out-of-state court is presumed to have notice of the order if the victim pres-
38 ents to the officer proof of service of the order.
STATEMENT OF PURPOSE
RS 11752
In cases of domestic violence, victims may be granted by the court
a protection order, stipulating the terms by which the batterer must
adhere. This bill creates two levels of penalties for violation of
an order: a misdemeanor penalty for the first offense and felony
penalties for subsequent violations. It also creates felony penalties
when a violation of the protection order is combined with the
commission of other specified crimes.
FISCAL IMPACT
The cost would equal the amount required for jailing or imprisoning
anyone convicted.
Contact
Name: Laura Bonneville, Kootenai County Prosecutors
Phone: 769-4465
Sen. Betsy Dunklin
Rep. Wendy Jaquet
STATEMENT OF PURPOSE/FISCAL NOTE S 1355