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H0573................................by JUDICIARY, RULES AND ADMINISTRATION STALKING - Repeals and adds to existing law to provide for the crime of stalking in the first degree and second degree; to define terms; and to set forth punishment. 01/28 House intro - 1st rdg - to printing 01/29 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 573 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; 9 (b) The actions constituting the offense are in violation of a condition 10 of probation or parole; 11 (c) The victim is under the age of sixteen (16) years; 12 (d) At any time during the course of conduct constituting the offense, 13 the defendant possessed a deadly weapon; 14 (e) The defendant has been previously convicted of a crime under this 15 section or section 18-7906, Idaho Code, or a law of another jurisdiction 16 with elements similar to a crime under this section or section 18-7906, 17 Idaho Code; 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 law of another jurisdiction with elements similar to the 22 following provisions: 23 (i) Chapter 9, title 18; 24 (ii) Chapter 15, title 18; 25 (iii) Chapter 61, title 18; 26 (iv) Section 18-4014 (administering poison with intent to kill); 27 (v) Section 18-4015 (assault with intent to murder); 28 (vi) Section 18-4501 (kidnapping); 29 (vii) Section 18-5501 (poisoning); 30 (viii) Section 18-6608 (forcible sexual penetration by use of foreign 31 object); 32 (ix) Section 18-7902 (malicious harassment); or 33 (x) Section 18-8103 (act of terrorism). 34 (2) In this section, "course of conduct" and "victim" have the meanings 35 given in section 18-7906(2), Idaho Code. 36 (3) Stalking in the first degree is a felony punishable by a fine not 37 exceeding ten thousand dollars ($10,000) or imprisonment in the state prison 38 for not less than one (1) year nor more than five (5) years, or by both such 39 fine and imprisonment. 40 SECTION 4. That Chapter 79, Title 18, Idaho Code, be, and the same is 41 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 42 ignated as Section 18-7906, Idaho Code, and to read as follows: 43 18-7906. STALKING IN THE SECOND DEGREE. (1) A person commits the crime of 44 stalking in the second degree if the person knowingly: 45 (a) Engages in a course of conduct that seriously alarms, annoys or 46 harasses the victim and is such as would cause a reasonable person sub- 47 stantial emotional distress; or 48 (b) Engages in a course of conduct such as would cause a reasonable per- 49 son to be in fear of death or physical injury, or in fear of the death or 50 physical injury of a family member. 51 (2) As used in this section: 52 (a) "Course of conduct" means repeated acts of nonconsensual contact 3 1 involving the victim or a family member, provided however, that constitu- 2 tionally protected activity is not included within the meaning of this 3 definition. 4 (b) "Family member" means: 5 (i) A spouse, child, grandchild, parent, grandparent, sibling, 6 uncle, aunt, nephew or niece of the victim, whether related by blood, 7 marriage or adoption; 8 (ii) A person who lives, or has previously lived, in a spousal rela- 9 tionship with the victim; 10 (iii) A person who lives in the same household as the victim; or 11 (iv) A person who is a former spouse of the victim or who is or has 12 been in a dating or engagement relationship with the victim; 13 (c) "Nonconsensual contact" means any contact with another person that is 14 initiated or continued without that person's consent, that is beyond the 15 scope of the consent provided by that person, or that is in disregard of 16 that person's expressed desire that the contact be avoided or discontin- 17 ued. "Nonconsensual contact" includes, but is not limited to: 18 (i) Following that person or maintaining surveillance, including by 19 electronic means, on that person; 20 (ii) Approaching or confronting that person in a public place or on 21 private property; 22 (iii) Appearing at the workplace or residence of that person; 23 (iv) Entering onto or remaining on property owned, leased or occu- 24 pied by that person; 25 (v) Contacting that person by telephone or causing that person's 26 telephone to ring repeatedly or continuously regardless of whether a 27 conversation ensues; 28 (vi) Sending mail or electronic communications to that person; or 29 (vii) Placing an object on, or delivering an object to, property 30 owned, leased or occupied by that person; 31 (d) "Victim" means a person who is the target of a course of conduct. 32 (3) Stalking in the second degree is punishable by imprisonment in the 33 county jail for not more than one (1) year or by a fine of not more than one 34 thousand dollars ($1,000), or by both such fine and imprisonment. 35 SECTION 5. That Section 19-603, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 19-603. WHEN PEACE OFFICER MAY ARREST. A peace officer may make an arrest 38 in obedience to a warrant delivered to him, or may, without a warrant, arrest 39 a person: 40 1. For a public offense committed or attempted in his presence. 41 2. When a person arrested has committed a felony, although not in his 42 presence. 43 3. When a felony has in fact been committed and he has reasonable cause 44 for believing the person arrested to have committed it. 45 4. On a charge made, upon a reasonable cause, of the commission of a fel- 46 ony by the party arrested. 47 5. At night, when there is reasonable cause to believe that he has com- 48 mitted a felony. 49 6. When upon immediate response to a report of a commission of a crime 50 there is probable cause to believe, that the person arrested has committed a 51 violation of section 18-902 (assault), 18-903 (battery), 18-918 (domestic 52 assault or battery), 18-7905 (first degree stalking), 18-7906 (second degree 53 stalking), 39-6312 (violation of a protection order), or 18-920 (violation of 4 1 a no contact order). 2 7. When there is reasonable cause to believe, based upon physical evi- 3 dence observed by the officer or statements made in the presence of the offi- 4 cer upon immediate response to a report of a commission of a crime aboard an 5 aircraft, that the person arrested has committed such a crime.
STATEMENT OF PURPOSE RS 13730 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 one of the enumerated aggravating factors is present. Such factors include the stalking of a victim who is under sixteen years of age and the stalking of a victim against whom certain crimes have already been committed by the perpetrator. The penalty for second-degree stalking is the same as that already provided in Idaho Code. Definitions are also provided which better detail "family member" and "nonconsensual contact." 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 573