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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 - 2002IN 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 - 2002Moved 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-7sons who reside or have resided together, and persons who have a child in com-8mon regardless of whether they have been married or have lived together at any9time."; 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 - 2002IN 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) "Familyor householdmember" means spouses, former spouses,and per- 20 sons related by blood, adoption or marriage., persons who reside or have21resided together, and persons who have a child in common regardless of whether22they 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