2005 Legislation
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SENATE BILL NO. 1061 – Domestic battery, felony

SENATE BILL NO. 1061

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Bill Status



S1061................................................by JUDICIARY AND RULES
DOMESTIC BATTERY - Amends existing law to revise the intent required to
commit a domestic battery.
                                                                        
01/27    Senate intro - 1st rdg - to printing
01/28    Rpt prt - to Jud
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/18    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Broadsword, Bunderson, Burkett, Burtenshaw,
      Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, Marley, McGee, McKenzie, Noble, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Werk, Williams
      NAYS -- None
      Absent and excused -- Brandt, Sweet
    Floor Sponsor - Lodge
    Title apvd - to House
02/21    House intro - 1st rdg - to Jud
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Rydalch,
      Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood
      NAYS -- None
      Absent and excused -- Jones, Roberts, Mr. Speaker
    Floor Sponsor - Bastian
    Title apvd - to Senate
03/21    To enrol
03/22    Rpt enrol - Pres signed
03/23    Sp signed
03/24    To Governor
03/28    Governor signed
         Session Law Chapter 158
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1061
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DOMESTIC VIOLENCE; AMENDING SECTION 18-918, IDAHO CODE, TO MAKE  A
  3        GRAMMATICAL  CHANGE,  TO  REVISE  THE INTENT REQUIRED TO COMMIT A DOMESTIC
  4        BATTERY AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 18-918, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        18-918.  DOMESTIC VIOLENCE. (1) For the purpose of this section:
  9        (a)  "Household  member" means a person who is a spouse, former spouse, or
 10        a person who has a child in common regardless of whether  they  have  been
 11        married  or a person with whom a person is cohabiting, whether or not they
 12        have married or have held themselves out to be husband or wife.
 13        (b)  "Traumatic injury" means a condition of the body, such as a wound  or
 14        external  or internal injury, whether of a minor or serious nature, caused
 15        by physical force.
 16        (2)  (a) Any household member who commits  in  committing  a  battery,  as
 17        defined  in  section  18-903,  Idaho  Code,  and  willfully and unlawfully
 18        inflicts a traumatic injury upon any other household member is guilty of a
 19        felony.
 20        (b)  A conviction of felony domestic battery is punishable by imprisonment
 21        in the state prison for a term not to exceed ten (10) years or by  a  fine
 22        not to exceed ten thousand dollars ($10,000) or by both fine and imprison-
 23        ment.
 24        (3)  (a) A  household member who commits an assault, as defined in section
 25        18-901, Idaho Code, against another household member which does not result
 26        in traumatic injury is guilty of a misdemeanor domestic assault.
 27        (b)  A household member who commits  a  battery,  as  defined  in  section
 28        18-903, Idaho Code, against another household member which does not result
 29        in traumatic injury is guilty of a misdemeanor domestic battery.
 30        (c)  A  first conviction under this subsection (3) is punishable by a fine
 31        not exceeding one thousand dollars ($1,000) or by imprisonment in a county
 32        jail not to exceed six (6) months, or both. Any person who  pleads  guilty
 33        to or is found guilty of a violation of this subsection (3) who previously
 34        has  pled guilty to or been found guilty of a violation of this subsection
 35        (3), or of any substantially conforming foreign criminal  violation,  not-
 36        withstanding  the  form  of  the judgment or withheld judgment, within ten
 37        (10) years of the first conviction, shall be guilty of a  misdemeanor  and
 38        shall  be  punished  by  imprisonment in the county jail for a term not to
 39        exceed one (1) year or by  a  fine  not  exceeding  two  thousand  dollars
 40        ($2,000) or by both fine and imprisonment. Any person who pleads guilty to
 41        or  is  found  guilty of a violation of this subsection (3) who previously
 42        has pled guilty to or been found guilty of two (2) violations of this sub-
 43        section (3), or of any substantially conforming foreign criminal violation
                                                                        
                                           2
                                                                        
  1        or any combination thereof, notwithstanding the form of  the  judgment  or
  2        withheld  judgment,  within  fifteen  (15)  years of the first conviction,
  3        shall be guilty of a felony and shall be punished by imprisonment  in  the
  4        state  prison  for a term not to exceed five (5) years or by a fine not to
  5        exceed five thousand dollars ($5,000) or by both fine and imprisonment.
  6        (4)  The maximum penalties provided in this section shall be doubled where
  7    the act of domestic assault or battery for which the person  is  convicted  or
  8    pleads guilty took place in the presence of a child. For purposes of this sec-
  9    tion,  "in  the presence of a child" means in the physical presence of a child
 10    or knowing that a child is present and may see or  hear  an  act  of  domestic
 11    assault or battery. For purposes of this section, "child" means a person under
 12    sixteen (16) years of age.
 13        (5)  Notwithstanding  any other provisions of this section, any person who
 14    previously has pled guilty to or been found guilty of a  felony  violation  of
 15    the  provisions  of  this  section  or of any substantially conforming foreign
 16    criminal felony violation, notwithstanding the form of the judgment  or  with-
 17    held  judgment, and who within fifteen (15) years pleads guilty to or is found
 18    guilty of any further violation of this section, shall be guilty of  a  felony
 19    and  shall  be  punished by imprisonment in the state prison for a term not to
 20    exceed ten (10) years or  by  a  fine  not  to  exceed  ten  thousand  dollars
 21    ($10,000), or by both such fine and imprisonment.
 22        (6)  For  the purposes of this section, a substantially conforming foreign
 23    criminal violation exists when a person has  pled  guilty  to  or  been  found
 24    guilty of a violation of any federal law or law of another state, or any valid
 25    county, city or town ordinance of another state, substantially conforming with
 26    the  provisions of this section. The determination of whether a foreign crimi-
 27    nal violation is substantially conforming is a question of law  to  be  deter-
 28    mined by the court.
 29        (7)  (a) Any person who pleads guilty to or is found guilty of a violation
 30        of  this section shall undergo, at the person's own expense, an evaluation
 31        by a person, agency or organization approved by the  court  in  accordance
 32        with  subsection paragraph (c) of this subsection to determine whether the
 33        defendant should be required to  obtain  aggression  counseling  or  other
 34        appropriate  treatment.  Such  evaluation  shall be completed prior to the
 35        sentencing date if the court's list of approved evaluators, in  accordance
 36        with  subsection paragraph (c) of this subsection, contains evaluators who
 37        are able to perform the evaluation prior to the sentencing dates.  If  the
 38        evaluation  recommends counseling or other treatment, the evaluation shall
 39        recommend the type of counseling or treatment considered  appropriate  for
 40        the defendant, together with the estimated costs thereof, and shall recom-
 41        mend  any  other  suitable  alternative  counseling or treatment programs,
 42        together with the estimated costs thereof.  The  defendant  shall  request
 43        that  a  copy  of  the completed evaluation be forwarded to the court. The
 44        court shall take the  evaluation  into  consideration  in  determining  an
 45        appropriate  sentence.  If a copy of the completed evaluation has not been
 46        provided to the court, the court may proceed to  sentence  the  defendant;
 47        however,  in  such event, it shall be presumed that counseling is required
 48        unless the defendant makes a showing by a preponderance of  evidence  that
 49        counseling  is  not  required.  If the defendant has not made a good faith
 50        effort to provide the completed copy of the evaluation to the  court,  the
 51        court  may  consider the failure of the defendant to provide the report as
 52        an aggravating circumstance in determining  an  appropriate  sentence.  If
 53        counseling  or  other  treatment is ordered, in no event shall the person,
 54        agency or organization doing the evaluation be the person, agency or orga-
 55        nization that provides the  counseling  or  other  treatment  unless  this
                                                                        
                                           3
                                                                        
  1        requirement  is waived by the sentencing court, with the exception of fed-
  2        erally recognized Indian tribes or federal military  installations,  where
  3        diagnosis and treatment are appropriate and available. Nothing herein con-
  4        tained  shall preclude the use of funds authorized for court-ordered coun-
  5        seling or treatment pursuant to this section for  indigent  defendants  as
  6        provided  by  law. In the  event that funding is provided for or on behalf
  7        of the defendant by a governmental entity, the defendant shall be  ordered
  8        to  make  restitution  to  such governmental entity in accordance with the
  9        restitution procedure for crime victims, as specified  under  chapter  53,
 10        title 19, Idaho Code.
 11        (b)  If the evaluation recommends counseling or other treatment, the court
 12        shall  order  the  person to complete the counseling or other treatment in
 13        addition to any other sentence which may be imposed. If the  court  deter-
 14        mines  that counseling or treatment would be inappropriate or undesirable,
 15        the court shall enter findings articulating the reasons for such  determi-
 16        nation  on the record. The court shall order the defendant to complete the
 17        preferred counseling or treatment program set forth in the evaluation,  or
 18        a comparable alternative, unless it appears that the defendant cannot rea-
 19        sonably  obtain adequate financial resources for such counseling or treat-
 20        ment. In that event, the court may order the defendant to complete a  less
 21        costly  alternative  set  forth in the evaluation or a comparable program.
 22        Nothing contained in this subsection shall be  construed  as  requiring  a
 23        court  to  order  that  counseling  or treatment be provided at government
 24        expense unless otherwise required by law.
 25        (c)  Each judicial district shall by rule establish a uniform  system  for
 26        the  qualification  and  approval of persons, agencies or organizations to
 27        perform the  evaluations  required  in  this  subsection.  Only  qualified
 28        evaluators approved by the court shall be authorized to perform such eval-
 29        uations.  Funds  to establish a system for approval of evaluators shall be
 30        derived from moneys designated therefor  and  deposited  in  the  district
 31        court fund as provided in section 31-3201A(q), Idaho Code.
 32        (d)  Counseling  or  treatment  ordered  pursuant to this section shall be
 33        conducted according to standards established  or  approved  by  the  Idaho
 34        council on domestic violence.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14550

This proposed legislation will amend Section 18-918 to clarify
that the felony domestic battery statute has the same intent
requirement as the battery statute (I.C. 18-903) and the
aggravated battery statute (I.C. 18-907).  

These amendments are brought in reaction to the Idaho Court of
Appeal's decisions in State v. Sohm, 140 Idaho 458, 95 P. 3d 76
(Mar. 4, 2004), and State v Hansell, 2004 WL 2822777 (Dec. 4,
2004), which require the state to prove two different levels of
intent for felony domestic battery.  The caselaw requires the
state to prove not only that the defendant willfully and
unlawfully battered a household member, but also that the
defendant willfully and unlawfully inflicted a traumatic injury. 
This "double" intent requirement was never intended by the
Legislature.

The amendment to Section 18-918 is intended to clarify that a
battery against a household member does not require an additional
intent, above and beyond that required for a battery against a
non-household-member.


                          FISCAL NOTE

The fiscal impact is neutral.  This amendment simply clarifies
the statute as the Legislature intended it to be interpreted in
the first place.



CONTACT
Name:     William A. von Tagen
          Office of The Attorney General
Phone:    334-4140

Name:     Stephen Bywater       
          Office of the Attorney General
Phone:    332-3543


STATEMENT OF PURPOSE/FISCAL NOTE                    S 1061