2002 Legislation
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SENATE BILL NO. 1351 – Domestic violence, definition

SENATE BILL NO. 1351

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


	                 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