Print Friendly SENATE BILL NO. 1355 – Domestic violence/protctn ordr viol
SENATE BILL NO. 1355
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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
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
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.
The cost would equal the amount required for jailing or imprisoning
Name: Laura Bonneville, Kootenai County Prosecutors
Sen. Betsy Dunklin
Rep. Wendy Jaquet
STATEMENT OF PURPOSE/FISCAL NOTE S 1355