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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
]]]] 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 commitsin committing a battery, as 17 defined in section 18-903, Idaho Code, and willfully and unlawfully18 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 subsectionparagraph (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 subsectionparagraph (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 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