View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0668................................by JUDICIARY, RULES AND ADMINISTRATION
STALKING - Repeals, amends and adds to existing law to provide for the
crimes of stalking in the first and second degree; to define terms; to set
forth punishment; and to provide code references.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 70-0-0
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
Wood, Mr. Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor - Field(18)
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 28-2-5
AYES -- Andreason, Bunderson, Burkett, Burtenshaw, Calabretta,
Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram,
Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, Noble,
Pearce, Richardson, Schroeder, Sorensen, Stegner, Sweet, Werk
NAYS -- Bailey, McWilliams
Absent and excused -- Brandt, Cameron, Noh, Stennett, Williams
Floor Sponsors - Burkett & Lodge
Title apvd - to House
03/16 To enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - To Governor
03/24 Governor signed
Session Law Chapter 337
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 668
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE CRIME OF STALKING; AMENDING SECTION 18-920, IDAHO CODE, TO
3 PROVIDE A CODE REFERENCE; REPEALING SECTION 18-7905, IDAHO CODE, RELATING
4 TO STALKING; AMENDING CHAPTER 79, TITLE 18, IDAHO CODE, BY THE ADDITION OF
5 A NEW SECTION 18-7905, IDAHO CODE, TO PROVIDE FOR THE CRIME OF STALKING IN
6 THE FIRST DEGREE, TO DEFINE TERMS AND TO SET FORTH PUNISHMENT; AMENDING
7 CHAPTER 79, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
8 18-7906, IDAHO CODE, TO PROVIDE FOR STALKING IN THE SECOND DEGREE, TO
9 DEFINE TERMS AND TO SET FORTH PUNISHMENT; AND AMENDING SECTION 19-603,
10 IDAHO CODE, TO PROVIDE A CODE REFERENCE AND DESCRIPTIVE LANGUAGE.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 18-920, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 18-920. VIOLATION OF NO CONTACT ORDER. (1) When a person is charged with
15 or convicted of an offense under section 18-901, 18-903, 18-905, 18-907,
16 18-909, 18-911, 18-913, 18-915, 18-918, 18-919, 18-6710, 18-6711, 18-7905,
17 18-7906 or 39-6312, Idaho Code, or any other offense for which a court finds
18 that a no contact order is appropriate, an order forbidding contact with
19 another person may be issued. A no contact order may be imposed by the court
20 or by Idaho criminal rule.
21 (2) A violation of a no contact order is committed when:
22 (a) A person has been charged or convicted under any offense defined in
23 subsection (1) of this section; and
24 (b) A no contact order has been issued, either by a court or by an Idaho
25 criminal rule; and
26 (c) The person charged or convicted has had contact with the stated per-
27 son in violation of an order.
28 (3) A violation of a no contact order is punishable by a fine not exceed-
29 ing one thousand dollars ($1,000) or by imprisonment in the county jail not to
30 exceed one (1) year, or both. No bond shall be set for this violation until
31 the person charged is brought before the court which will set bond. Further,
32 any such violation may result in the increase, revocation or modification of
33 the bond set in the underlying charge for which the no contact order was
34 imposed.
35 (4) A peace officer may arrest without a warrant and take into custody a
36 person whom the peace officer has probable cause to believe has violated a no
37 contact order issued under this section if the person restrained had notice of
38 the order.
39 SECTION 2. That Section 18-7905, Idaho Code, be, and the same is hereby
40 repealed.
41 SECTION 3. That Chapter 79, Title 18, Idaho Code, be, and the same is
2
1 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
2 ignated as Section 18-7905, Idaho Code, and to read as follows:
3 18-7905. STALKING IN THE FIRST DEGREE. (1) A person commits the crime of
4 stalking in the first degree if the person violates section 18-7906, Idaho
5 Code, and:
6 (a) The actions constituting the offense are in violation of a temporary
7 restraining order, protection order, no contact order or injunction, or
8 any combination thereof; or
9 (b) The actions constituting the offense are in violation of a condition
10 of probation or parole; or
11 (c) The victim is under the age of sixteen (16) years; or
12 (d) At any time during the course of conduct constituting the offense,
13 the defendant possessed a deadly weapon or instrument; or
14 (e) The defendant has been previously convicted of a crime under this
15 section or section 18-7906, Idaho Code, or a substantially conforming for-
16 eign criminal violation within seven (7) years, notwithstanding the form
17 of the judgment or withheld judgment; or
18 (f) The defendant has been previously convicted of a crime, or an
19 attempt, solicitation or conspiracy to commit a crime, involving the same
20 victim as the present offense under any of the following provisions of
21 Idaho Code or a substantially conforming foreign criminal violation within
22 seven (7) years, notwithstanding the form of the judgment or withheld
23 judgment:
24 (i) Chapter 9, title 18;
25 (ii) Chapter 15, title 18;
26 (iii) Chapter 61, title 18;
27 (iv) Section 18-4014 (administering poison with intent to kill);
28 (v) Section 18-4015 (assault with intent to murder);
29 (vi) Section 18-4501 (kidnapping);
30 (vii) Section 18-5501 (poisoning);
31 (viii) Section 18-6608 (forcible sexual penetration by use of foreign
32 object);
33 (ix) Section 18-7902 (malicious harassment); or
34 (x) Section 18-8103 (act of terrorism).
35 (2) In this section, "course of conduct" and "victim" have the meanings
36 given in section 18-7906(2), Idaho Code.
37 (3) For the purpose of this section, a "substantially conforming foreign
38 criminal violation" exists when a person has pled guilty to or has been found
39 guilty of a violation of any federal law or law of another state, or any valid
40 county, city, or town ordinance of another state substantially conforming to
41 the provisions of this section or section 18-7906, Idaho Code. The determina-
42 tion of whether a foreign criminal violation is substantially conforming is a
43 question of law to be determined by the court.
44 (4) Stalking in the first degree is a felony punishable by a fine not
45 exceeding ten thousand dollars ($10,000) or imprisonment in the state prison
46 for not less than one (1) year nor more than five (5) years, or by both such
47 fine and imprisonment.
48 SECTION 4. That Chapter 79, Title 18, Idaho Code, be, and the same is
49 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
50 ignated as Section 18-7906, Idaho Code, and to read as follows:
51 18-7906. STALKING IN THE SECOND DEGREE. (1) A person commits the crime of
52 stalking in the second degree if the person knowingly and maliciously:
3
1 (a) Engages in a course of conduct that seriously alarms, annoys or
2 harasses the victim and is such as would cause a reasonable person sub-
3 stantial emotional distress; or
4 (b) Engages in a course of conduct such as would cause a reasonable per-
5 son to be in fear of death or physical injury, or in fear of the death or
6 physical injury of a family or household member.
7 (2) As used in this section:
8 (a) "Course of conduct" means repeated acts of nonconsensual contact
9 involving the victim or a family or household member of the victim, pro-
10 vided however, that constitutionally protected activity is not included
11 within the meaning of this definition.
12 (b) "Family or household member" means:
13 (i) A spouse or former spouse of the victim, a person who has a
14 child in common with the victim regardless of whether they have been
15 married, a person with whom the victim is cohabiting whether or not
16 they have married or have held themselves out to be husband or wife,
17 and persons related to the victim by blood, adoption or marriage; or
18 (ii) A person with whom the victim is or has been in a dating rela-
19 tionship, as defined in section 39-6303, Idaho Code; or
20 (iii) A person living in the same residence as the victim.
21 (c) "Nonconsensual contact" means any contact with the victim that is
22 initiated or continued without the victim's consent, that is beyond the
23 scope of the consent provided by the victim, or that is in disregard of
24 the victim's expressed desire that the contact be avoided or discontinued.
25 "Nonconsensual contact" includes, but is not limited to:
26 (i) Following the victim or maintaining surveillance, including by
27 electronic means, on the victim;
28 (ii) Contacting the victim in a public place or on private property;
29 (iii) Appearing at the workplace or residence of the victim;
30 (iv) Entering onto or remaining on property owned, leased or occu-
31 pied by the victim;
32 (v) Contacting the victim by telephone or causing the victim's
33 telephone to ring repeatedly or continuously regardless of whether a
34 conversation ensues;
35 (vi) Sending mail or electronic communications to the victim; or
36 (vii) Placing an object on, or delivering an object to, property
37 owned, leased or occupied by the victim.
38 (d) "Victim" means a person who is the target of a course of conduct.
39 (3) Stalking in the second degree is punishable by imprisonment in the
40 county jail for not more than one (1) year or by a fine of not more than one
41 thousand dollars ($1,000), or by both such fine and imprisonment.
42 SECTION 5. That Section 19-603, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 19-603. WHEN PEACE OFFICER MAY ARREST. A peace officer may make an arrest
45 in obedience to a warrant delivered to him, or may, without a warrant, arrest
46 a person:
47 1. For a public offense committed or attempted in his presence.
48 2. When a person arrested has committed a felony, although not in his
49 presence.
50 3. When a felony has in fact been committed and he has reasonable cause
51 for believing the person arrested to have committed it.
52 4. On a charge made, upon a reasonable cause, of the commission of a fel-
53 ony by the party arrested.
4
1 5. At night, when there is reasonable cause to believe that he has com-
2 mitted a felony.
3 6. When upon immediate response to a report of a commission of a crime
4 there is probable cause to believe, that the person arrested has committed a
5 violation of section 18-902 (assault), 18-903 (battery), 18-918 (domestic
6 assault or battery), 18-7905 (first degree stalking), 18-7906 (second degree
7 stalking), 39-6312 (violation of a protection order), or 18-920 (violation of
8 a no contact order).
9 7. When there is reasonable cause to believe, based upon physical evi-
10 dence observed by the officer or statements made in the presence of the offi-
11 cer upon immediate response to a report of a commission of a crime aboard an
12 aircraft, that the person arrested has committed such a crime.
STATEMENT OF PURPOSE
RS 14049
This legislation breaks stalking out into first-degree and
second-degree stalking. First-degree stalking is a felony and is
committed when an individual commits second-degree stalking and
at least one of the enumerated aggravators. The penalty for
second-degree stalking is the same as that already provided in
Idaho Code.
FISCAL IMPACT
The fiscal impact is difficult to determine with certainty as it
depends upon the increased number of offenders charged with and
convicted of felony stalking. The impact to the general fund
will be equal to the cost of imprisoning the additional number of
offenders, if any, charged, convicted and sentenced to prison
under the revised felony section of this code.
Contact
Name: Representative Debbie Field
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 668