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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 - 2003
IN 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,
36 within five (5) days after the end of the month pay such fees to the state
37 treasurer for deposit in the state general account accordance 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 shall within five (5) days after the end of the month pay such fees
45 to the state treasurer for deposit in the state general account accordance
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 shall within five (5) days after the end of the month pay
53 such fees to the state treasurer for deposit in the state general account
54 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 in the state general account accordance 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) days
14 after the end of the month, pay such fees to the state treasurer for deposit
15 in the state general account accordance 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)
24 days after the end of the month, pay such fees to the state treasurer for
25 deposit in the state general account accordance 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 in the state general account accor-
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 shall within five (5) days after the end of the
42 month pay such fees to the state treasurer for deposit in the state general
43 account accordance 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) days
53 after the end of the month, pay such fees to the state treasurer for deposit
54 in the state general account accordance 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 deposit in pursuant to subsections (a), (b), (c), (d) and (f) of
44 this section shall be apportioned ninety percent (90%) to the state general
45 account shall be remitted fund 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