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S1028................................................by JUDICIARY AND RULES COURT FEES - Amends existing law to provide for the deposit of certain court fees to the State General Fund and to the Peace Officers Standards and Training Fund. 01/27 Senate intro - 1st rdg - to printing 01/28 Rpt prt - to Jud 01/30 Rpt out - rec d/p - to 2nd rdg 01/31 2nd rdg - to 3rd rdg 02/03 3rd rdg - PASSED - 32-0-3 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Stegner, Sweet, Werk, Williams NAYS -- None Absent and excused -- Noble, Sorensen, Stennett Floor Sponsor - Darrington Title apvd - to House 02/04 House intro - 1st rdg - to Jud 03/19 Rpt out - rec d/p - to 2nd rdg 03/20 2nd rdg - to 3rd rdg 03/27 3rd rdg - PASSED - 66-0-4 AYES -- Andersen, Barraclough, Barrett, Bauer, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Cannon, Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest(Bray), Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Nacarrato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bedke, Campbell, Clark, Crow Floor Sponsor - Andersen Title apvd - to Senate 03/28 To enrol 03/31 Rpt enrol - Pres signed 04/01 Sp signed 04/02 To Governor 04/08 Governor signed Session Law Chapter 237 Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE SENATE SENATE BILL NO. 1028 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO COURT FEES; AMENDING SECTION 18-918, IDAHO CODE, TO CORRECT A CODE 3 REFERENCE; AMENDING SECTION 19-5116, IDAHO CODE, TO PROVIDE CODE REFER- 4 ENCES; AND AMENDING SECTION 31-3201A, IDAHO CODE, TO PROVIDE FOR THE 5 DEPOSIT OF CERTAIN COURT FEES TO THE STATE GENERAL FUND AND TO THE PEACE 6 OFFICERS STANDARDS AND TRAINING FUND. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 18-918, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 18-918. DOMESTIC VIOLENCE. (1) For the purpose of this section, 11 "household member" means a person who is a spouse, former spouse, or a person 12 who has a child in common regardless of whether they have been married or a 13 person with whom a person is cohabiting, whether or not they have married or 14 have held themselves out to be husband or wife. 15 (2) As used in this section, "traumatic injury" means a condition of the 16 body, such as a wound or external or internal injury, whether of a minor or 17 serious nature, caused by physical force. 18 (3) Any household member who commits a battery, as defined in section 19 18-903, Idaho Code, and willfully and unlawfully inflicts a traumatic injury 20 upon any other household member is guilty of a felony. 21 (4) A household member who commits an assault, as defined in section 22 18-901, Idaho Code, against another household member which does not result in 23 traumatic injury is guilty of a misdemeanor domestic assault. 24 (5) A household member who commits a battery, as defined in section 25 18-903, Idaho Code, against another household member which does not result in 26 traumatic injury is guilty of a misdemeanor domestic battery. 27 (6) A conviction of felony domestic battery is punishable by imprisonment 28 in the state prison for a term not to exceed ten (10) years or by a fine not 29 to exceed ten thousand dollars ($10,000) or by both fine and imprisonment. 30 (7) (a) Upon a first conviction, the crime of misdemeanor domestic 31 assault or battery is punishable by a fine not exceeding one thousand dol- 32 lars ($1,000) or by imprisonment in a county jail not to exceed six (6) 33 months, or both. Upon a second conviction, within ten (10) years of the 34 first conviction, the person so convicted shall be punished by imprison- 35 ment in the county jail for a term not to exceed one (1) year or by a fine 36 not exceeding two thousand dollars ($2,000) or by both fine and imprison- 37 ment. Upon a third or subsequent conviction, within fifteen (15) years of 38 the first conviction, the person so convicted shall be punished by impris- 39 onment in the state prison for a term not to exceed five (5) years or by a 40 fine not to exceed five thousand dollars ($5,000) or by both fine and 41 imprisonment. 42 (b) The maximum penalties provided in this section shall be doubled where 43 the act of domestic assault or battery for which the person is convicted 2 1 or pleads guilty took place in the presence of a child. For purposes of 2 this section, "in the presence of a child" means in the physical presence 3 of a child or knowing that a child is present and may see or hear an act 4 of domestic assault or battery. For purposes of this section, "child" 5 means a person under sixteen (16) years of age. 6 (8) (a) Any person who pleads guilty or is found guilty of a violation of 7 this section shall undergo, at the person's own expense, an evaluation by 8 a person, agency or organization approved by the court in accordance with 9 subsection (c) of this section to determine whether the defendant should 10 be required to obtain aggression counseling or other appropriate treat- 11 ment. Such evaluation shall be completed prior to the sentencing date if 12 the court's list of approved evaluators, in accordance with subsection (c) 13 of this section, contains evaluators who are able to perform the evalua- 14 tion prior to the sentencing dates. If the evaluation recommends counsel- 15 ing or other treatment, the evaluation shall recommend the type of coun- 16 seling or treatment considered appropriate for the defendant, together 17 with the estimated costs thereof, and shall recommend any other suitable 18 alternative counseling or treatment programs, together with the estimated 19 costs thereof. The defendant shall request that a copy of the completed 20 evaluation be forwarded to the court. The court shall take the evaluation 21 into consideration in determining an appropriate sentence. If a copy of 22 the completed evaluation has not been provided to the court, the court may 23 proceed to sentence the defendant; however, in such event, it shall be 24 presumed that counseling is required unless the defendant makes a showing 25 by a preponderance of evidence that counseling is not required. If the 26 defendant has not made a good faith effort to provide the completed copy 27 of the evaluation to the court, the court may consider the failure of the 28 defendant to provide the report as an aggravating circumstance in deter- 29 mining an appropriate sentence. If counseling or other treatment is 30 ordered, in no event shall the person, agency or organization doing the 31 evaluation be the person, agency or organization that provides the coun- 32 seling or other treatment unless this requirement is waived by the sen- 33 tencing court, with the exception of federally recognized Indian tribes or 34 federal military installations, where diagnosis and treatment are appro- 35 priate and available. Nothing herein contained shall preclude the use of 36 funds authorized for court-ordered counseling or treatment pursuant to 37 this section for indigent defendants as provided by law. In the event that 38 funding is provided for or on behalf of the defendant by a governmental 39 entity, the defendant shall be ordered to make restitution to such govern- 40 mental entity in accordance with the restitution procedure for crime vic- 41 tims, as specified under chapter 53, title 19, Idaho Code. 42 (b) If the evaluation recommends counseling or other treatment, the court 43 shall order the person to complete the counseling or other treatment in 44 addition to any other sentence which may be imposed. If the court deter- 45 mines that counseling or treatment would be inappropriate or undesirable, 46 the court shall enter findings articulating the reasons for such determi- 47 nation on the record. The court shall order the defendant to complete the 48 preferred counseling or treatment program set forth in the evaluation, or 49 a comparable alternative, unless it appears that the defendant cannot rea- 50 sonably obtain adequate financial resources for such counseling or treat- 51 ment. In that event, the court may order the defendant to complete a less 52 costly alternative set forth in the evaluation or a comparable program. 53 Nothing contained in this subsection shall be construed as requiring a 54 court to order that counseling or treatment be provided at government 55 expense unless otherwise required by law. 3 1 (c) Each judicial district shall by rule establish a uniform system for 2 the qualification and approval of persons, agencies or organizations to 3 perform the evaluations required in this subsection. Only qualified 4 evaluators approved by the court shall be authorized to perform such eval- 5 uations. Funds to establish a system for approval of evaluators shall be 6 derived from moneys designated therefor and deposited in the district 7 court fund as provided in section 31-3201A(pq), Idaho Code. 8 (d) Counseling or treatment ordered pursuant to this section shall be 9 conducted according to standards established or approved by the Idaho 10 council on domestic violence. 11 SECTION 2. That Section 19-5116, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 19-5116. PEACE OFFICERS STANDARDS AND TRAINING FUND. (a) There is hereby 14 established in the state treasury, the peace officers standards and training 15 fund. All moneys deposited to the fund shall be expended by the peace officers 16 standards and training council for the following purposes: 17 (1) Training peace officers, county detention officers, and self- 18 sponsored students, within the state of Idaho, including, but not limited 19 to, sheriffs and their deputies, officers of the Idaho state police and 20 conservation officers of the Idaho department of fish and game, and city 21 and county prosecutors and their deputies; 22 (2) Salaries, costs and expenses relating to such training as provided in 23 subsection (1) of this section; 24 (3) Such capital expenditures as the peace officers standards and train- 25 ing council may provide, for the acquisition, construction and/or improve- 26 ment of a peace officers standards and training academy; and 27 (4) Such expenditures as may be necessary to aid approved peace officers 28 training programs or county detention officer programs certified as having 29 met the standards established by the peace officers standards and training 30 council. 31 (b) The peace officers standards and training fund shall be funded as 32 provided in sections 31-3201A and 31-3201B, Idaho Code. 33 (c) All contributions and other moneys and appropriations which are des- 34 ignated for peace officers standards and training shall be deposited in the 35 peace officers standards and training fund. 36 (d) Moneys received into the fund as provided in subsection (c) of this 37 section, shall be accounted for separately. 38 (e) If the fiscal year-end balance in the fund pursuant to sections 39 31-3201A and 31-3201B, Idaho Code, exceeds one million dollars ($1,000,000) 40 the excess shall revert to the general fund. 41 SECTION 3. That Section 31-3201A, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 31-3201A. COURT FEES. The clerk of the district court in addition to the 44 fees and charges imposed by chapter 20, title 1, Idaho Code, and in addition 45 to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and 46 receive the following fees for services rendered by him in discharging the 47 duties imposed upon him by law; 48 (a) A fee of $39.00 for filing a civil case of any type in the district 49 court or in the magistrate's division of the district court including cases 50 involving the administration of decedents' estates, whether testate or intes- 51 tate, and conservatorships of the person or of the estate or both with the 4 1 following exceptions: 2 The filing fee shall be $17.00 in each case where the amount of money or 3 damages or the value of personal property claimed does not exceed $300. The 4 filing fee shall be $19.00 in the following types of cases: 5 (1) Where the amount of money or damages or the value of personal prop- 6 erty claimed exceeds $300 but does not exceed $1,000; 7 (2) Where a case is brought for forcible or unlawful entry or detainer 8 whether brought for rent or possession or both and regardless of the 9 amount; 10 (3) Where a case is brought under chapter 20, title 16, Idaho Code, for 11 the termination of parent-child relationship; 12 (4) Where a case is brought under chapter 2, title 32, Idaho Code, for 13 permission to marry; 14 (5) Where a case involving the administration of a decedent's estate is 15 brought under the Summary Administration of Small Estates Act; 16 (6) In cases where a court order is issued only for a certain specific 17 reason other than the administering of an estate, including but not lim- 18 ited to proceedings brought under sections 14-114, 15-514, 15-1401, 19 15-1518 and/or 15-1709, Idaho Code, or for some specific reason; 20 (7) In cases brought to determine heirship without administration; 21 (8) In cases brought to determine inheritance or transfer tax; 22 (9) In proceedings brought for adoption; 23 (10) In proceedings brought for letters of guardianship of the person or 24 of the estate or both. 25 No filing fee shall be charged in the following types of cases: 26 (1) In cases brought under chapter 3, title 66, Idaho Code, for commit- 27 ment of mentally ill persons; 28 (2) In cases brought under the Juvenile Corrections Act; 29 (3) In cases brought under the Child Protective Act. 30 In all cases in which a filing fee of $39.00 is paid, $17.00 of such fil- 31 ing fee shall be paid to the county treasurer for deposit in the district 32 court fund of the county; $5.00 of such filing fee shall be paid to the county 33 treasurer who shall, within five (5) days after the end of the month, pay such 34 fees to the state treasurer for deposit into the ISTARS technology fund; and 35 $17.00 of such filing fee shall be paid to the county treasurer who shall,36within five (5) days after the end of the monthpay such fees to the state 37 treasurer for deposit inthe state general accountaccordance with subsection 38 (p) of this section. In all cases in which a filing fee of $19.00 is paid, 39 $4.00 of such filing fee shall be paid to the county treasurer for deposit in 40 the district court fund of the county; $5.00 of such filing fee shall be paid 41 to the county treasurer who shall, within five (5) days after the end of the 42 month, pay such fees to the state treasurer for deposit into the ISTARS tech- 43 nology fund; and $10.00 of such filing fee shall be paid to the county trea- 44 surer who shallwithin five (5) days after the end of the monthpay such fees 45 to the state treasurer for deposit inthe state general accountaccordance 46 with subsection (p) of this section. In all cases in which a filing fee of 47 $17.00 is paid, $3.00 of such filing fee shall be paid to the county treasurer 48 for deposit in the district court fund of the county; $5.00 of such filing fee 49 shall be paid to the county treasurer who shall, within five (5) days after 50 the end of the month, pay such fees to the state treasurer for deposit into 51 the ISTARS technology fund; and $9.00 of such filing fee shall be paid to the 52 county treasurer who shallwithin five (5) days after the end of the monthpay 53 such fees to the state treasurer for deposit inthe state general account54 accordance with subsection (p) of this section. 55 (b) A fee of $17.50 shall be paid, but not in advance, by each person 5 1 found guilty of any felony or misdemeanor, except when the court orders such 2 fee waived because the person is indigent and unable to pay such fee. If the 3 magistrate court facilities are provided by the county, $5.00 of such fee 4 shall be paid to the county treasurer for deposit in the district court fund 5 of the county; and $12.50 of such fee shall be paid to the county treasurer 6 who shall, within five (5) days after the end of the month,pay such fees to 7 the state treasurer for deposit inthe state general accountaccordance with 8 subsection (p) of this section. If the magistrate court facilities are pro- 9 vided by a city, $5.00 of such fee shall be paid to the city treasurer for 10 deposit in the city general fund, $2.50 of such fee shall be paid to the city 11 treasurer for deposit in the city capital facilities fund for the construc- 12 tion, remodeling and support of magistrates court facilities, and $10.00 of 13 such fee shall be paid to the county treasurer who shall, within five (5) days14after the end of the month,pay such fees to the state treasurer for deposit 15 inthe state general accountaccordance with subsection (p) of this section. 16 (c) A fee of $16.50 shall be paid, but not in advance, by each person 17 found to have committed an infraction or any minor traffic, conservation or 18 ordinance violation; provided that the judge or magistrate may in his or her 19 discretion consolidate separate nonmoving traffic offenses into one (1) 20 offense for purposes of assessing such fee. If the magistrate court facilities 21 are provided by the county, $5.00 of such fee shall be paid to the county 22 treasurer for deposit in the district court fund of the county; and $11.50 of 23 such fee shall be paid to the county treasurer, who shall, within five (5)24days after the end of the month,pay such fees to the state treasurer for 25 deposit inthe state general accountaccordance with subsection (p) of this 26 section. If the magistrate court facilities are provided by a city, $5.00 of 27 such fee shall be paid to the city treasurer for deposit in the city general 28 fund, $2.50 of such fee shall be paid to the city treasurer for deposit in the 29 city capital facilities fund for the construction, remodeling and support of 30 magistrate court facilities, and $9.00 of such fee shall be paid to the county 31 treasurer who shall, within five (5) days after the end of the month,pay such 32 fees to the state treasurer for deposit inthe state general accountaccor- 33 dance with subsection (p) of this section. 34 (d) A fee of $19.00 shall be paid by any party, except the plaintiff, 35 making an appearance in any civil action in the district court or in the 36 magistrate's division of the district court. Of such fee, $4.00 shall be paid 37 to the county treasurer for deposit in the district court fund of the county; 38 $5.00 of such fee shall be paid to the county treasurer who shall, within five 39 (5) days after the end of the month, pay such fees to the state treasurer for 40 deposit into the ISTARS technology fund; and $10.00 of such fee shall be paid 41 to the county treasurer who shallwithin five (5) days after the end of the42monthpay such fees to the state treasurer for deposit inthe state general43accountaccordance with subsection (p) of this section. 44 (e) A fee of $9.00 shall be paid by the person or persons required to 45 make an account pursuant to either chapter 11 or chapter 18, title 15, Idaho 46 Code, at the time such account is filed. All of such fee shall be paid to the 47 county treasurer for deposit in the district court fund of the county. 48 (f) A fee of $19.00 shall be paid upon the filing of a petition of the 49 executor or administrator or of any person interested in an estate for the 50 distribution of such estate, $6.00 of such fee shall be paid to the county 51 treasurer for deposit in the district court fund of the county; and $13.00 of 52 such fee shall be paid to the county treasurer who shall, within five (5) days53after the end of the month,pay such fees to the state treasurer for deposit 54 inthe state general accountaccordance with subsection (p) of this section. 55 (g) A fee of $7.00 shall be paid by an intervenor upon making an appear- 6 1 ance in any civil action in the district court or in the magistrate's divi- 2 sion of the district court. All of such fee shall be paid to the county trea- 3 surer for deposit in the district court fund of the county. 4 (h) A fee of $8.00 shall be paid by a party filing a third party claim as 5 defined in the Idaho Rules of Civil Procedure. All of such fee shall be paid 6 to the county treasurer for deposit in the district court fund of the county. 7 (i) A fee of $8.00 shall be paid by any party filing a cross-claim. All 8 of such fee shall be paid to the county treasurer for deposit in the district 9 court fund of the county. 10 (j) A fee of $9.00 shall be paid by a party initiating a change of venue. 11 Such fee shall be paid to the clerk of the court of the county to which venue 12 is changed. All of such fee shall be paid to the county treasurer for deposit 13 in the district court fund of the county. 14 (k) A fee of $9.00 shall be paid by any party appearing after judgment or 15 applying to reopen a case. All of such fee shall be paid to the county trea- 16 surer for deposit in the district court fund of the county. A fee of $32.00 17 shall be paid by a party applying to reopen a divorce action or modify a 18 divorce decree, with all of the fee to be distributed in the same manner as 19 the fee provided for in subsection (a) of this section is distributed. 20 (l) A fee of $9.00 shall be paid by a party taking an appeal from the 21 magistrate's division of the district court to the district court. No addi- 22 tional fee shall be required if a new trial is granted. All of such fee shall 23 be paid to the county treasurer for deposit in the district court fund of the 24 county. 25 (m) A fee of $9.00 shall be paid by the party taking an appeal from the 26 district court to the supreme court for comparing and certifying the tran- 27 script on appeal, if such certificate is required. All of such fee shall be 28 paid to the county treasurer for deposit in the district court fund of the 29 county. 30 (n) Fees not covered by this section shall be set by rule or administra- 31 tive order of the supreme court. 32 (o) All fees required to be paid by this section or by rule or adminis- 33 trative order of the supreme court shall be collected by the clerk of the dis- 34 trict court or by a person appointed by the clerk of the district court for 35 this purpose. If it appears that there is a necessity for such fees to be col- 36 lected by persons other than the clerk of the district court or a person des- 37 ignated by the clerk for such purpose, the supreme court by rule or adminis- 38 trative order may provide for the designation of persons authorized to receive 39 such fees. Persons so designated shall account for such fees in the same man- 40 ner required of the clerk of the district court and shall pay such fees to the 41 clerk of the district court of the county in which such fees are collected. 42 (p) That portion of the filing fees required to be remitted to the state 43 treasurer for depositinpursuant to subsections (a), (b), (c), (d) and (f) of 44 this section shall be apportioned ninety percent (90%) to the state general 45account shall be remittedfund and ten percent (10%) to the peace officers 46 standards and training fund authorized in section 19-5116, Idaho Code, within 47 five (5) days after the end of the month in which such fees were remitted to 48 the county treasurer. That portion of the filing fees required to be remitted 49 to a city treasurer for deposit in the city's general fund shall be remitted 50 within five (5) days after the end of the month in which such fees were remit- 51 ted to the county treasurer. 52 (q) Of the fees derived from the filing of any divorce action required to 53 be transmitted to the state treasurer,for deposit in the general account,the 54 county treasurer shall retain $5.00, which shall be separately identified and 55 deposited in the district court fund of the county. Such moneys shall be used 7 1 exclusively for the purpose of establishing a uniform system of qualifying and 2 approving persons, agencies or organizations to conduct evaluations of persons 3 convicted of domestic assault or battery as provided in section 18-918, Idaho 4 Code, and the administration of section 18-918(7), Idaho Code, relating to the 5 evaluation and counseling or other treatment of such persons, including the 6 payment of the costs of evaluating and counseling or other treatment of an 7 indigent defendant. No provision of chapter 52, title 39, Idaho Code, shall 8 apply to the moneys provided for in this subsection. 9 (r) In consideration of the aforesaid fees the clerk of the district 10 court shall be required to perform all lawful service that may be required of 11 him by any party thereto; provided, that he shall not prepare and furnish any 12 certified copy of any file or record in an action except printed transcript on 13 appeal, without additional compensation as provided by law.
STATEMENT OF PURPOSE RS12660 The purpose of this legislation is to make a technical correction to 18-918 (8) (c), Idaho Code for a cross reference as to where funds are deposited; and to allow for ten percent of civil court fees to be redirected from the state s General Fund to the Peace Officer Standards and Training Fund. The remaining 90% of the amount collected by county clerks on behalf of the State will continue to be deposited directly to the General Fund. This was unintentionally left out of legislation that passed during the 2001 Legislative Session dealing with revenues to support the Peace Officer Standards Training (POST) Academy. FISCAL IMPACT This bill will result in an additional transfer from the General Fund to the Peace Officers Standards and Training Fund. The original stated fiscal impact of enhancing revenues to the POST Academy in the 2001 Session was $550,000 annually. The actual impact was $157,100 in fiscal year 2001 resulting in a shortage of $328,900. This bill will redirect the funds to make up that difference each year. Contact: Name: Mike Becar Phone: 884-7250 Statement of Purpose/Fiscal Impact S 102