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