2004 Legislation
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HOUSE BILL NO. 668 – Stalking, 1st & 2nd degree

HOUSE BILL NO. 668

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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