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S1093...................................................by JUDICIARY AND RULES
DOMESTIC VIOLENCE - Amends existing law relating to the Uniform Interstate
Enforcement of Domestic Violence Protection Orders Act to revise provisions
relating to judicial enforcement of foreign protection orders.
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai(Ellis), Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Davis
Title apvd - to House
02/21 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/24 3rd rdg - PASSED - 65-0-5
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell,
Bieter(Bieter), Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,
Collins, Crow, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Gagner, Garrett, Harwood, Henbest(Bray), Jaquet, Jones,
Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Tilman, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Clark, Cuddy, Deal, Field(23), Trail
Floor Sponsor - Kulczyk
Title apvd - to Senate
03/25 To enrol
03/26 Rpt enrol - Pres signed
03/27 Sp signed
03/28 To Governor
04/03 Governor signed
Session Law Chapter 213
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1093
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION
3 ORDERS ACT; AMENDING SECTION 39-6306A, IDAHO CODE, TO REMOVE LANGUAGE PRO-
4 HIBITING TRIBUNALS OF THIS STATE FROM ENFORCING SUPPORT PROVISIONS OF FOR-
5 EIGN PROTECTION ORDERS AND TO PROVIDE THAT THE VALIDITY OF AN EX PARTE
6 FOREIGN PROTECTION ORDER DEPENDS UPON A RESPONDENT HAVING HAD OR HAVING IN
7 THE FUTURE AN OPPORTUNITY TO BE HEARD IN A MANNER CONSISTENT WITH DUE
8 PROCESS RIGHTS.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 39-6306A, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-6306A. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION
13 ORDERS ACT. (1) Short Title. This section may be cited as the "Uniform Inter-
14 state Enforcement of Domestic Violence Protection Orders Act."
15 (2) Definitions. As used in this section:
16 (a) "Issuing state" means the state whose tribunal issues a protection
17 order.
18 (b) "Mutual foreign protection order" means a foreign protection order
19 that includes provisions in favor of both the protected individual seeking
20 enforcement of the order and the respondent.
21 (c) "Protected individual" means an individual protected by a protection
22 order.
23 (d) "State" means a state of the United States, the District of Columbia,
24 Puerto Rico, the United States Virgin Islands or any territory or insular
25 possession subject to the jurisdiction of the United States. The term
26 includes an Indian tribe or band that has jurisdiction to issue protection
27 orders.
28 (e) "Tribunal" means a court, agency, or other entity authorized by law
29 to issue or modify a protection order.
30 (3) Judicial Enforcement of Order.
31 (a) A person authorized by the law of this state to seek enforcement of a
32 protection order may seek enforcement of a valid foreign protection order
33 in a tribunal of this state. The tribunal shall enforce the terms of the
34 order, including terms that provide relief that a tribunal of this state
35 would lack power to provide but for this section. The tribunal shall
36 enforce the order, whether the order was obtained by independent action or
37 in another proceeding, if it is an order issued in response to a com-
38 plaint, petition or motion filed by or on behalf of an individual seeking
39 protection. In a proceeding to enforce a foreign protection order, the
40 tribunal shall follow the procedures of this state for the enforcement of
41 protection orders.
42 (b) A tribunal of this state may not enforce a foreign protection order
43 issued by a tribunal of a state that does not recognize the standing of a
2
1 protected individual to seek enforcement of the order.
2 (c) A tribunal of this state shall enforce the provisions of a valid for-
3 eign protection order which govern custody and visitation if the order was
4 issued in accordance with the jurisdictional requirements governing the
5 issuance of custody and visitation orders in the issuing state.
6 (d) A tribunal of this state may not enforce under this section a provi-
7 sion of a foreign protection order with respect to support.
8 (e) A foreign protection order is valid if it:
9 (i) Identifies the protected individual and the respondent;
10 (ii) Is currently in effect;
11 (iii) Was issued by a tribunal that had jurisdiction over the parties
12 and subject matter under the law of the issuing state; and
13 (iv) Was issued after the respondent was given reasonable notice and
14 had an opportunity to be heard before the tribunal issued the order
15 or, in the case of an order ex parte, the respondent was given notice
16 and has had or will have an opportunity to be heard within a reason-
17 able time after the order was issued, in a manner consistent with the
18 rights of the respondent to due process.
19 (fe) A foreign protection order valid on its face is prima facie evidence
20 of its validity.
21 (gf) Absence of any of the criteria for validity of a foreign protection
22 order is an affirmative defense in an action seeking enforcement of the
23 order.
24 (hg) A tribunal of this state may enforce provisions of a mutual foreign
25 protection order which favor a respondent only if:
26 (i) The respondent filed a written pleading seeking a protection
27 order from the tribunal of the issuing state; and
28 (ii) The tribunal of the issuing state made specific findings in
29 favor of the respondent.
30 (4) Nonjudicial Enforcement of Order.
31 (a) A law enforcement officer of this state, upon determining that there
32 is probable cause to believe that a valid foreign protection order exists
33 and that the order has been violated, shall enforce the order as if it
34 were the order of a tribunal of this state. Presentation of a foreign pro-
35 tection order that identifies both the protected individual and the
36 respondent and, on its face, is currently in effect constitutes probable
37 cause to believe that a valid foreign protection order exists. For the
38 purposes of this subsection, the foreign protection order may be inscribed
39 on a tangible medium or may have been stored in an electronic or other
40 medium if it is retrievable in perceivable form. Presentation of a certi-
41 fied copy of a foreign protection order is not required for enforcement.
42 (b) If a foreign protection order is not presented, a law enforcement
43 officer of this state may consider other information in determining
44 whether there is probable cause to believe that a valid foreign protection
45 order exists.
46 (c) If a law enforcement officer of this state determines that an other-
47 wise valid foreign protection order cannot be enforced because the
48 respondent has not been notified or served with the order, the officer
49 shall inform the respondent of the order, make a reasonable effort to
50 serve the order upon the respondent, and allow the respondent a reasonable
51 opportunity to comply with the order before enforcing the order.
52 (d) Registration or filing of an order in this state is not required for
53 the enforcement of a valid foreign protection order pursuant to this sec-
54 tion.
55 (5) Registration of Order.
3
1 (a) Any individual may register a foreign protection order in this state
2 pursuant to section 39-6311, Idaho Code. To register a foreign protection
3 order, an individual shall present a copy of a protection order which has
4 been certified by the issuing state to a court of this state in order to
5 be entered in the Idaho law enforcement telecommunications system pursuant
6 to section 39-6311, Idaho Code.
7 (b) An individual registering a foreign protection order shall file with
8 the court an affidavit by the protected individual stating that, to the
9 best of the protected individual's knowledge, the order is currently in
10 effect.
11 (c) A fee may not be charged for the registration of a foreign protection
12 order.
13 (d) A foreign protection order registered under this section may be
14 entered in any existing state or federal registry of protection orders, in
15 accordance with applicable law.
16 (6) Immunity. This state or a local governmental agency, or a law
17 enforcement officer, prosecuting attorney, clerk of court, or any state or
18 local governmental official acting in an official capacity, is immune from
19 civil and criminal liability for an act or omission arising out of the regis-
20 tration or enforcement of a foreign protection order or the detention or
21 arrest of an alleged violator of a foreign protection order if the act or
22 omission was done in good faith in an effort to comply with this section.
23 (7) Uniformity of Application and Construction. In applying and constru-
24 ing this section, consideration shall be given to the need to promote uniform-
25 ity of the law with respect to its subject matter among states that enact it.
26 (8) Transitional Provision. This section applies to foreign protection
27 orders issued before July 1, 2002, and to continuing actions for enforcement
28 of foreign protection orders commenced before July 1, 2002. A request for
29 enforcement of a foreign protection order made on or after July 1, 2002, for
30 violations of a foreign protection order occurring before that date is gov-
31 erned by this section.
STATEMENT OF PURPOSE
RS 12410
This legislation amends Section 39-6306A, Idaho Code, relating to
the Uniform Interstate Enforcement of Domestic Violence
Protection Orders Act. The Act removes language prohibiting
tribunals of this state from enforcing support provisions of
foreign protection orders and provides that the validity of an ex
parte foreign protection order depends upon a respondent having
had or having in the future an opportunity to be heard in a
manner consistent with due process rights.
FISCAL IMPACT
No fiscal impact on the General Fund
Contact
Name: Senator Bart M. Davis
(208) 332-1305
Dale G, Higer, Uniform Law Commissioner
(208) 389-9000
Rex Blackburn, Uniform Law Commissioner
(208) 489-8989
STATEMENT OF PURPOSE/FISCAL NOTE S 109