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S1234aa..............................................by JUDICIARY AND RULES
DOMESTIC VIOLENCE - Amends existing law to provide that persons who plead
guilty to or have been found guilty of misdemeanor domestic violence who
have previously pled guilty to or been found guilty of misdemeanor domestic
violence or of any substantially conforming foreign criminal violation
within fifteen years of the first conviction shall be guilty of a felony;
to set forth punishment for persons who previously have pled guilty to or
been found guilty of a felony domestic violence violation or of any
substantially conforming foreign criminal felony violations and who pled
guilty to or are found guilty of a further violation within fifteen years;
to define "substantially conforming foreign criminal violation"; and to
provide for a determination by the court.
01/27 Senate intro - 1st rdg - to printing
01/28 Rpt prt - to Jud
02/05 Rpt out - to 14th Ord
02/19 Rpt out amen - to engros
02/20 Rpt engros - 1st rdg - to 2nd rdg as amen
02/23 2nd rdg - to 3rd rdg as amen
02/26 3rd rdg as amen - PASSED - 24-0-11
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Malepeai, Marley, McKenzie, McWilliams,
Richardson, Sorensen, Stegner, Stennett
NAYS -- None
Absent and excused -- Davis, Gannon, Little, Lodge, Noble, Noh,
Pearce, Schroeder, Sweet, Werk, Williams
Floor Sponsors - Bunderson & Burkett
Title apvd - to House
02/27 House intro - 1st rdg - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 62-0-8
AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Denney, Douglas, Eberle, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk,
Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Moyle, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,
Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,
Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
Trail, Mr. Speaker
NAYS -- None
Absent and excused -- Barrett, Deal, Edmunson, Harwood, Lake,
Naccarato, Wills, Wood
Floor Sponsor - Ridinger
Title apvd - to Senate
03/10 To enrol
03/11 Rpt enrol - Pres signed
03/12 Sp signed
03/15 To Governor
03/19 Governor signed
Session Law Chapter 118
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1234
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC VIOLENCE; AMENDING SECTION 18-918, IDAHO CODE, TO MAKE
3 TECHNICAL CHANGES, TO PROVIDE CLARIFYING LANGUAGE, TO SET FORTH PUNISHMENT
4 FOR SECOND AND THIRD CONVICTIONS OF MISDEMEANOR DOMESTIC VIOLENCE OR SUB-
5 STANTIALLY CONFORMING FOREIGN CRIMINAL VIOLATIONS NOTWITHSTANDING THE FORM
6 OF THE JUDGMENT OR WITHHELD JUDGMENT, TO SET FORTH PUNISHMENT FOR PERSONS
7 WHO HAVE PLED GUILTY OR BEEN FOUND GUILTY OF A FELONY DOMESTIC VIOLENCE
8 VIOLATION OR OF ANY SUBSTANTIALLY CONFORMING FOREIGN CRIMINAL FELONY
9 VIOLATION NOTWITHSTANDING THE FORM OF THE JUDGMENT OR WITHHELD JUDGMENT
10 AND WHO PLEAD GUILTY OR ARE FOUND GUILTY OF A FURTHER VIOLATION WITHIN
11 FIFTEEN YEARS, TO DEFINE "SUBSTANTIALLY CONFORMING FOREIGN CRIMINAL VIOLA-
12 TION" AND TO PROVIDE FOR A DETERMINATION BY THE COURT.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 18-918, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 18-918. DOMESTIC VIOLENCE. (1) For the purpose of this section,:
17 (a) "H"household member" means a person who is a spouse, former spouse,
18 or a person who has a child in common regardless of whether they have been
19 married or a person with whom a person is cohabiting, whether or not they
20 have married or have held themselves out to be husband or wife.
21 (2b) As used in this section, "t"Traumatic injury" means a condition of
22 the body, such as a wound or external or internal injury, whether of a
23 minor or serious nature, caused by physical force.
24 (32) (a) Any household member who commits a battery, as defined in sec-
25 tion 18-903, Idaho Code, and willfully and unlawfully inflicts a traumatic
26 injury upon any other household member is guilty of a felony.
27 (b) 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
29 not to exceed ten thousand dollars ($10,000) or by both fine and imprison-
30 ment.
31 (43) (a) A household member who commits an assault, as defined in sec-
32 tion 18-901, Idaho Code, against another household member which does not
33 result in traumatic injury is guilty of a misdemeanor domestic assault.
34 (5b) A household member who commits a battery, as defined in section
35 18-903, Idaho Code, against another household member which does not result
36 in traumatic injury is guilty of a misdemeanor domestic battery.
37 (6) A conviction of felony domestic battery is punishable by imprison-
38 ment in the state prison for a term not to exceed ten (10) years or by a fine
39 not to exceed ten thousand dollars ($10,000) or by both fine and imprisonment.
40 (7c) (a) Upon a A first conviction, the crime of misdemeanor domestic
41 assault or battery under this subsection (3) is punishable by a fine not
42 exceeding one thousand dollars ($1,000) or by imprisonment in a county
43 jail not to exceed six (6) months, or both. Upon a second conviction,
2
1 under this subsection (3) or of any substantially conforming foreign crim-
2 inal violation, notwithstanding the form of the judgment or withheld judg-
3 ment, within ten (10) years of the first conviction, the person so con-
4 victed shall be punished by imprisonment in the county jail for a term
5 not to exceed one (1) year or by a fine not exceeding two thousand dollars
6 ($2,000) or by both fine and imprisonment. Upon a third or subsequent con-
7 viction under this subsection (3) or of any substantially conforming for-
8 eign criminal violation or any combination thereof, notwithstanding the
9 form of the judgment or withheld judgment, within fifteen (15) years of
10 the first conviction, the person so convicted shall be guilty of a felony
11 and shall be punished by imprisonment in the state prison for a term not
12 to exceed five (5) years or by a fine not to exceed five thousand dollars
13 ($5,000) or by both fine and imprisonment.
14 (b4) The maximum penalties provided in this section shall be doubled
15 where the act of domestic assault or battery for which the person is convicted
16 or pleads guilty took place in the presence of a child. For purposes of this
17 section, "in the presence of a child" means in the physical presence of a
18 child or knowing that a child is present and may see or hear an act of domes-
19 tic assault or battery. For purposes of this section, "child" means a person
20 under sixteen (16) years of age.
21 (5) Notwithstanding any other provisions of this section, any person who
22 has pled guilty to or been found guilty of a felony violation of the provi-
23 sions of this section or of any substantially conforming foreign criminal fel-
24 ony violation, notwithstanding the form of the judgment or withheld judgment,
25 and who within fifteen (15) years pleads guilty to or is found guilty of any
26 further violation of this section, shall be guilty of a felony and shall be
27 punished by imprisonment in the state prison for a term not to exceed ten (10)
28 years or by a fine not to exceed ten thousand dollars ($10,000), or by both
29 such fine and imprisonment.
30 (6) For the purposes of this section, a substantially conforming foreign
31 criminal violation exists when a person has pled guilty to or been found
32 guilty of a violation of any federal law or law of another state, or any valid
33 county, city or town ordinance of another state, substantially conforming with
34 the provisions of this section. The determination of whether a foreign crimi-
35 nal violation is substantially conforming is a question of law to be deter-
36 mined by the court.
37 (87) (a) Any person who pleads guilty to or is found guilty of a viola-
38 tion of this section shall undergo, at the person's own expense, an evalu-
39 ation by a person, agency or organization approved by the court in accor-
40 dance with subsection (c) of this section to determine whether the defend-
41 ant should be required to obtain aggression counseling or other appropri-
42 ate treatment. Such evaluation shall be completed prior to the sentencing
43 date if the court's list of approved evaluators, in accordance with sub-
44 section (c) of this section, contains evaluators who are able to perform
45 the evaluation prior to the sentencing dates. If the evaluation recommends
46 counseling or other treatment, the evaluation shall recommend the type of
47 counseling or treatment considered appropriate for the defendant, together
48 with the estimated costs thereof, and shall recommend any other suitable
49 alternative counseling or treatment programs, together with the estimated
50 costs thereof. The defendant shall request that a copy of the completed
51 evaluation be forwarded to the court. The court shall take the evaluation
52 into consideration in determining an appropriate sentence. If a copy of
53 the completed evaluation has not been provided to the court, the court may
54 proceed to sentence the defendant; however, in such event, it shall be
55 presumed that counseling is required unless the defendant makes a showing
3
1 by a preponderance of evidence that counseling is not required. If the
2 defendant has not made a good faith effort to provide the completed copy
3 of the evaluation to the court, the court may consider the failure of the
4 defendant to provide the report as an aggravating circumstance in deter-
5 mining an appropriate sentence. If counseling or other treatment is
6 ordered, in no event shall the person, agency or organization doing the
7 evaluation be the person, agency or organization that provides the coun-
8 seling or other treatment unless this requirement is waived by the sen-
9 tencing court, with the exception of federally recognized Indian tribes or
10 federal military installations, where diagnosis and treatment are appro-
11 priate and available. Nothing herein contained shall preclude the use of
12 funds authorized for court-ordered counseling or treatment pursuant to
13 this section for indigent defendants as provided by law. In the event that
14 funding is provided for or on behalf of the defendant by a governmental
15 entity, the defendant shall be ordered to make restitution to such govern-
16 mental entity in accordance with the restitution procedure for crime vic-
17 tims, as specified under chapter 53, title 19, Idaho Code.
18 (b) If the evaluation recommends counseling or other treatment, the court
19 shall order the person to complete the counseling or other treatment in
20 addition to any other sentence which may be imposed. If the court deter-
21 mines that counseling or treatment would be inappropriate or undesirable,
22 the court shall enter findings articulating the reasons for such determi-
23 nation on the record. The court shall order the defendant to complete the
24 preferred counseling or treatment program set forth in the evaluation, or
25 a comparable alternative, unless it appears that the defendant cannot rea-
26 sonably obtain adequate financial resources for such counseling or treat-
27 ment. In that event, the court may order the defendant to complete a less
28 costly alternative set forth in the evaluation or a comparable program.
29 Nothing contained in this subsection shall be construed as requiring a
30 court to order that counseling or treatment be provided at government
31 expense unless otherwise required by law.
32 (c) Each judicial district shall by rule establish a uniform system for
33 the qualification and approval of persons, agencies or organizations to
34 perform the evaluations required in this subsection. Only qualified
35 evaluators approved by the court shall be authorized to perform such eval-
36 uations. Funds to establish a system for approval of evaluators shall be
37 derived from moneys designated therefor and deposited in the district
38 court fund as provided in section 31-3201A(q), Idaho Code.
39 (d) Counseling or treatment ordered pursuant to this section shall be
40 conducted according to standards established or approved by the Idaho
41 council on domestic violence.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Richardson
Seconded by Bunderson
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1234
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 43, delete "Upon a second convic-
3 tion," and insert: "Upon a second conviction, Any person who pleads guilty to
4 or is found guilty of a violation of"; on page 2, in line 1, delete "under",
5 and also in line 1, following "(3)" insert: "who previously has pled guilty to
6 or been found guilty of a violation of this subsection (3),"; in line 3,
7 delete "the person so con-" and in line 4, delete "victed" and insert: "the
8 person so convicted shall be guilty of a misdemeanor and"; in line 6, delete
9 "Upon a third or subsequent con-" and in line 7, delete "viction under" and
10 insert: "Upon a third or subsequent conviction Any person who pleads guilty to
11 or is found guilty of a violation of", and also in line 7, following "(3)"
12 insert: "who previously has pled guilty to or been found guilty of two (2)
13 violations of this subsection (3),"; in line 10, delete "the person so con-
14 victed" and insert: "the person so convicted"; and in line 21, following "who"
15 insert: "previously".
16 CORRECTIONS TO TITLE
17 On page 1, delete line 4 and insert: "FOR PERSONS WHO PLEAD GUILTY TO OR
18 HAVE BEEN FOUND GUILTY OF MISDEMEANOR DOMESTIC VIOLENCE WHO HAVE PREVIOUSLY
19 PLED GUILTY TO OR BEEN FOUND GUILTY OF MISDEMEANOR DOMESTIC VIOLENCE OR SUB-";
20 and in line 7, following "WHO" insert: "PREVIOUSLY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1234, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC VIOLENCE; AMENDING SECTION 18-918, IDAHO CODE, TO MAKE
3 TECHNICAL CHANGES, TO PROVIDE CLARIFYING LANGUAGE, TO SET FORTH PUNISHMENT
4 FOR PERSONS WHO PLEAD GUILTY TO OR HAVE BEEN FOUND GUILTY OF MISDEMEANOR
5 DOMESTIC VIOLENCE WHO HAVE PREVIOUSLY PLED GUILTY TO OR BEEN FOUND GUILTY
6 OF MISDEMEANOR DOMESTIC VIOLENCE OR SUBSTANTIALLY CONFORMING FOREIGN CRIM-
7 INAL VIOLATIONS NOTWITHSTANDING THE FORM OF THE JUDGMENT OR WITHHELD JUDG-
8 MENT, TO SET FORTH PUNISHMENT FOR PERSONS WHO PREVIOUSLY HAVE PLED GUILTY
9 OR BEEN FOUND GUILTY OF A FELONY DOMESTIC VIOLENCE VIOLATION OR OF ANY
10 SUBSTANTIALLY CONFORMING FOREIGN CRIMINAL FELONY VIOLATION NOTWITHSTANDING
11 THE FORM OF THE JUDGMENT OR WITHHELD JUDGMENT AND WHO PLEAD GUILTY OR ARE
12 FOUND GUILTY OF A FURTHER VIOLATION WITHIN FIFTEEN YEARS, TO DEFINE
13 "SUBSTANTIALLY CONFORMING FOREIGN CRIMINAL VIOLATION" AND TO PROVIDE FOR A
14 DETERMINATION BY THE COURT.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 18-918, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 18-918. DOMESTIC VIOLENCE. (1) For the purpose of this section,:
19 (a) "H"household member" means a person who is a spouse, former spouse,
20 or a person who has a child in common regardless of whether they have been
21 married or a person with whom a person is cohabiting, whether or not they
22 have married or have held themselves out to be husband or wife.
23 (2b) As used in this section, "t"Traumatic injury" means a condition of
24 the body, such as a wound or external or internal injury, whether of a
25 minor or serious nature, caused by physical force.
26 (32) (a) Any household member who commits a battery, as defined in sec-
27 tion 18-903, Idaho Code, and willfully and unlawfully inflicts a traumatic
28 injury upon any other household member is guilty of a felony.
29 (b) A conviction of felony domestic battery is punishable by imprisonment
30 in the state prison for a term not to exceed ten (10) years or by a fine
31 not to exceed ten thousand dollars ($10,000) or by both fine and imprison-
32 ment.
33 (43) (a) A household member who commits an assault, as defined in sec-
34 tion 18-901, Idaho Code, against another household member which does not
35 result in traumatic injury is guilty of a misdemeanor domestic assault.
36 (5b) A household member who commits a battery, as defined in section
37 18-903, Idaho Code, against another household member which does not result
38 in traumatic injury is guilty of a misdemeanor domestic battery.
39 (6) A conviction of felony domestic battery is punishable by imprison-
40 ment in the state prison for a term not to exceed ten (10) years or by a fine
41 not to exceed ten thousand dollars ($10,000) or by both fine and imprisonment.
42 (7c) (a) Upon a A first conviction, the crime of misdemeanor domestic
43 assault or battery under this subsection (3) is punishable by a fine not
2
1 exceeding one thousand dollars ($1,000) or by imprisonment in a county
2 jail not to exceed six (6) months, or both. Upon a second conviction, Any
3 person who pleads guilty to or is found guilty of a violation of this sub-
4 section (3) who previously has pled guilty to or been found guilty of a
5 violation of this subsection (3), or of any substantially conforming for-
6 eign criminal violation, notwithstanding the form of the judgment or with-
7 held judgment, within ten (10) years of the first conviction, the person
8 so convicted shall be guilty of a misdemeanor and shall be punished by
9 imprisonment in the county jail for a term not to exceed one (1) year or
10 by a fine not exceeding two thousand dollars ($2,000) or by both fine and
11 imprisonment. Upon a third or subsequent conviction Any person who pleads
12 guilty to or is found guilty of a violation of this subsection (3) who
13 previously has pled guilty to or been found guilty of two (2) violations
14 of this subsection (3), or of any substantially conforming foreign crimi-
15 nal violation or any combination thereof, notwithstanding the form of the
16 judgment or withheld judgment, within fifteen (15) years of the first con-
17 viction, the person so convicted shall be guilty of a felony and shall be
18 punished by imprisonment in the state prison for a term not to exceed five
19 (5) years or by a fine not to exceed five thousand dollars ($5,000) or by
20 both fine and imprisonment.
21 (b4) The maximum penalties provided in this section shall be doubled
22 where the act of domestic assault or battery for which the person is convicted
23 or pleads guilty took place in the presence of a child. For purposes of this
24 section, "in the presence of a child" means in the physical presence of a
25 child or knowing that a child is present and may see or hear an act of domes-
26 tic assault or battery. For purposes of this section, "child" means a person
27 under sixteen (16) years of age.
28 (5) Notwithstanding any other provisions of this section, any person who
29 previously has pled guilty to or been found guilty of a felony violation of
30 the provisions of this section or of any substantially conforming foreign
31 criminal felony violation, notwithstanding the form of the judgment or with-
32 held judgment, and who within fifteen (15) years pleads guilty to or is found
33 guilty of any further violation of this section, shall be guilty of a felony
34 and shall be punished by imprisonment in the state prison for a term not to
35 exceed ten (10) years or by a fine not to exceed ten thousand dollars
36 ($10,000), or by both such fine and imprisonment.
37 (6) For the purposes of this section, a substantially conforming foreign
38 criminal violation exists when a person has pled guilty to or 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 with
41 the provisions of this section. The determination of whether a foreign crimi-
42 nal violation is substantially conforming is a question of law to be deter-
43 mined by the court.
44 (87) (a) Any person who pleads guilty to or is found guilty of a viola-
45 tion of this section shall undergo, at the person's own expense, an evalu-
46 ation by a person, agency or organization approved by the court in accor-
47 dance with subsection (c) of this section to determine whether the defend-
48 ant should be required to obtain aggression counseling or other appropri-
49 ate treatment. Such evaluation shall be completed prior to the sentencing
50 date if the court's list of approved evaluators, in accordance with sub-
51 section (c) of this section, contains evaluators who are able to perform
52 the evaluation prior to the sentencing dates. If the evaluation recommends
53 counseling or other treatment, the evaluation shall recommend the type of
54 counseling or treatment considered appropriate for the defendant, together
55 with the estimated costs thereof, and shall recommend any other suitable
3
1 alternative counseling or treatment programs, together with the estimated
2 costs thereof. The defendant shall request that a copy of the completed
3 evaluation be forwarded to the court. The court shall take the evaluation
4 into consideration in determining an appropriate sentence. If a copy of
5 the completed evaluation has not been provided to the court, the court may
6 proceed to sentence the defendant; however, in such event, it shall be
7 presumed that counseling is required unless the defendant makes a showing
8 by a preponderance of evidence that counseling is not required. If the
9 defendant has not made a good faith effort to provide the completed copy
10 of the evaluation to the court, the court may consider the failure of the
11 defendant to provide the report as an aggravating circumstance in deter-
12 mining an appropriate sentence. If counseling or other treatment is
13 ordered, in no event shall the person, agency or organization doing the
14 evaluation be the person, agency or organization that provides the coun-
15 seling or other treatment unless this requirement is waived by the sen-
16 tencing court, with the exception of federally recognized Indian tribes or
17 federal military installations, where diagnosis and treatment are appro-
18 priate and available. Nothing herein contained shall preclude the use of
19 funds authorized for court-ordered counseling or treatment pursuant to
20 this section for indigent defendants as provided by law. In the event that
21 funding is provided for or on behalf of the defendant by a governmental
22 entity, the defendant shall be ordered to make restitution to such govern-
23 mental entity in accordance with the restitution procedure for crime vic-
24 tims, as specified under chapter 53, title 19, Idaho Code.
25 (b) If the evaluation recommends counseling or other treatment, the court
26 shall order the person to complete the counseling or other treatment in
27 addition to any other sentence which may be imposed. If the court deter-
28 mines that counseling or treatment would be inappropriate or undesirable,
29 the court shall enter findings articulating the reasons for such determi-
30 nation on the record. The court shall order the defendant to complete the
31 preferred counseling or treatment program set forth in the evaluation, or
32 a comparable alternative, unless it appears that the defendant cannot rea-
33 sonably obtain adequate financial resources for such counseling or treat-
34 ment. In that event, the court may order the defendant to complete a less
35 costly alternative set forth in the evaluation or a comparable program.
36 Nothing contained in this subsection shall be construed as requiring a
37 court to order that counseling or treatment be provided at government
38 expense unless otherwise required by law.
39 (c) Each judicial district shall by rule establish a uniform system for
40 the qualification and approval of persons, agencies or organizations to
41 perform the evaluations required in this subsection. Only qualified
42 evaluators approved by the court shall be authorized to perform such eval-
43 uations. Funds to establish a system for approval of evaluators shall be
44 derived from moneys designated therefor and deposited in the district
45 court fund as provided in section 31-3201A(q), Idaho Code.
46 (d) Counseling or treatment ordered pursuant to this section shall be
47 conducted according to standards established or approved by the Idaho
48 council on domestic violence.
STATEMENT OF PURPOSE
RS 13663C1
This legislation will amend the Domestic Violence Statute to qualify a
substantially conforming out of state domestic violence conviction for
purposes of enhancing a subsequent crime of domestic violence in
Idaho. Under current law, a conviction for domestic violence outside
of Idaho cannot be used to charge a second or third violation that
occurs within Idaho. Currently, pursuant to I.C. 18-918, a second
conviction for domestic violence within ten (10) years may result in
enhanced or additional misdemeanor penalties. In addition, a third
conviction under the current code, within fifteen (15) years, may
result in felony penalties up to five (5) years or a fine not to
exceed five thousand dollars ($5000) or both. This change will allow
a higher level of accountability for an offender who has been
convicted of domestic violence in another state and then moves to
Idaho and continues to commit domestic violence against a household
member.
In addition, this legislation creates felony penalties for an offender
who commits a subsequent crime of domestic violence, within fifteen
(15) years, after having been convicted of felony domestic violence in
Idaho or a substantially conforming out of state felony judgment. The
penalty for a second felony conviction is a maximum prison sentence of
ten (10) years or a fine of ten thousand dollars ($10,000) or both.
Fiscal Impact
The fiscal impact is difficult to determine with certainty as it will
depend upon the increased number of offenders charged with and
convicted of felony domestic violence. The impact to the general fund
will be equal to the cost of imprisoning the number of offenders
charged, convicted and sentenced to prison under the revised felony
section of this code. There is no anticipated impact on the general
or local funds based upon a misdemeanor prosecution under the amended
code. Currently, prosecutors are proceeding with charges against
these offenders as a first offense of domestic violence. Therefore,
there would be no increase in costs.
Contact:
Name: Heather Reilly
Phone: (208) 287-7772
STATEMENT OF PURPOSE/FISCAL NOTE S 1234