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S1062aa,aaH..........................................by JUDICIARY AND RULES
STRANGULATION - ATTEMPTED - Adds to existing law to prohibit attempted
strangulation; to set forth punishment; to provide for intent; and to
define terms.
01/27 Senate intro - 1st rdg - to printing
01/28 Rpt prt - to Jud
02/08 Rpt out - to 14th Ord
02/16 Rpt out amen - to engros
02/17 Rpt engros - 1st rdg - to 2nd rdg as amen
02/18 2nd rdg - to 3rd rdg as amen
02/22 3rd rdg as amen - PASSED - 30-0-5
AYES -- Andreason, Broadsword, Bunderson, Burkett, Cameron, Coiner,
Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley,
McGee, McKenzie, Richardson, Schroeder, Stegner, Stennett, Werk,
Williams
NAYS -- None
Absent and excused -- Brandt, Burtenshaw, Noble, Pearce, Sweet
Floor Sponsor - Bunderson
Title apvd - to House
02/23 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - Ret'd to Jud
03/18 Rpt out - to Gen Ord
03/22 Rpt out amen - to 1st rdg as amen
03/23 1st rdg - to 2nd rdg as amen
03/24 2nd rdg - to 3rd rdg as amen
03/28 3rd rdg as amen - PASSED - 57-12-1
AYES -- Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao, Black,
Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow,
Deal, Denney, Edmunson, Ellsworth, Field(18), Field(23), Garrett,
Henbest, Henderson, Jaquet, Jones, Lake, LeFavour, Loertscher,
Martinez, Mathews, McGeachin, Miller, Mitchell, Nielsen,
Pasley-Stuart, Pence, Ring, Ringo, Roberts, Rusche, Rydalch, Sali,
Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smith(24)(Frost), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr.
Speaker
NAYS -- Barrett, Bayer, Eskridge, Hart, Harwood, Kemp, McKague,
Moyle, Nonini, Raybould, Schaefer, Wood
Absent and excused -- Anderson
Floor Sponsor - Ring
Title apvd - to Senate
03/29 Senate concurred in House amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/30 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Bunderson
Title apvd - to enrol
Rpt enrol - Pres signed
03/31 Sp signed - To Governor
04/06 Governor signed
Session Law Chapter 303
Effective: 04/06/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1062
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO ATTEMPTED STRANGULATION; AMENDING CHAPTER 9, TITLE 18, IDAHO CODE,
3 BY THE ADDITION OF A NEW SECTION 18-923, IDAHO CODE, TO PROHIBIT ATTEMPTED
4 STRANGULATION, TO SET FORTH PUNISHMENT, TO PROVIDE FOR INTENT AND TO
5 DEFINE TERMS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Chapter 9, Title 18, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 18-923, Idaho Code, and to read as follows:
10 18-923. ATTEMPTED STRANGULATION. (1) Any person who chokes or attempts to
11 strangle a household member by willful and unlawful application of pressure to
12 the neck or throat is guilty of a felony punishable by incarceration for up to
13 twenty (20) years in the state prison.
14 (2) No injuries are required to prove attempted strangulation.
15 (3) "Willful," as used in this section, means only that the application
16 of pressure to the neck or throat is intentional. The prosecution is not
17 required to show that the defendant intended to kill or injure the victim. The
18 only intent required is the intent to choke or attempt to strangle.
19 (4) As used in this section, "household member" assumes the same defini-
20 tion as set forth in section 18-918(1)(a), Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Sali
Seconded by Ring
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1062, As Amended
1 AMENDMENT TO SECTION 1
2 On page 1 of the engrossed bill, delete lines 10 through 18, and insert:
3 "18-923. ATTEMPTED STRANGULATION. (1) Any person who willfully and unlaw-
4 fully chokes or attempts to strangle a household member, or a person with whom
5 he or she has or had a dating relationship, is guilty of a felony punishable
6 by incarceration for up to fifteen (15) years in the state prison.
7 (2) No injuries are required to prove attempted strangulation.
8 (3) The prosecution is not required to show that the defendant intended
9 to kill or injure the victim. The only intent required is the intent to choke
10 or attempt to strangle.
11 (4) "Household member" assumes the same definition as set forth in sec-
12 tion 18-918(1)(a), Idaho Code.
13 (5) "Dating relationship" assumes the same definition as set forth in
14 section 39-6303(2), Idaho Code.".
15 CORRECTION TO TITLE
16 On page 1, in line 5, delete "A TERM" and insert: "TERMS".
2
Moved by Bunderson
Seconded by Darrington
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1062
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 11, delete "a household member"
3 and insert: "another individual"; and delete lines 19 and 20.
4 AMENDMENT TO THE BILL
5 On page 1, following line 20, insert:
6 "SECTION 2. An emergency existing therefor, which emergency is hereby
7 declared to exist, this act shall be in full force and effect on and after its
8 passage and approval.".
9 CORRECTION TO TITLE
10 On page 1, delete line 5 and insert: "DEFINE A TERM; AND DECLARING AN
11 EMERGENCY.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1062, As Amended, As Amended in the House
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO ATTEMPTED STRANGULATION; AMENDING CHAPTER 9, TITLE 18, IDAHO CODE,
3 BY THE ADDITION OF A NEW SECTION 18-923, IDAHO CODE, TO PROHIBIT ATTEMPTED
4 STRANGULATION, TO SET FORTH PUNISHMENT, TO PROVIDE FOR INTENT AND TO
5 DEFINE TERMS; AND DECLARING AN EMERGENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Chapter 9, Title 18, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 18-923, Idaho Code, and to read as follows:
10 18-923. ATTEMPTED STRANGULATION. (1) Any person who willfully and unlaw-
11 fully chokes or attempts to strangle a household member, or a person with whom
12 he or she has or had a dating relationship, is guilty of a felony punishable
13 by incarceration for up to fifteen (15) years in the state prison.
14 (2) No injuries are required to prove attempted strangulation.
15 (3) The prosecution is not required to show that the defendant intended
16 to kill or injure the victim. The only intent required is the intent to choke
17 or attempt to strangle.
18 (4) "Household member" assumes the same definition as set forth in sec-
19 tion 18-918(1)(a), Idaho Code.
20 (5) "Dating relationship" assumes the same definition as set forth in
21 section 39-6303(2), Idaho Code.
22 SECTION 2. An emergency existing therefor, which emergency is hereby
23 declared to exist, this act shall be in full force and effect on and after its
24 passage and approval.
2
IN THE SENATE
SENATE BILL NO. 1062, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO ATTEMPTED STRANGULATION; AMENDING CHAPTER 9, TITLE 18, IDAHO CODE,
3 BY THE ADDITION OF A NEW SECTION 18-923, IDAHO CODE, TO PROHIBIT ATTEMPTED
4 STRANGULATION, TO SET FORTH PUNISHMENT, TO PROVIDE FOR INTENT AND TO
5 DEFINE A TERM; AND DECLARING AN EMERGENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 3. That Chapter 9, Title 18, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 18-923, Idaho Code, and to read as follows:
10 18-923. ATTEMPTED STRANGULATION. (1) Any person who chokes or attempts to
11 strangle another individual by willful and unlawful application of pressure to
12 the neck or throat is guilty of a felony punishable by incarceration for up to
13 twenty (20) years in the state prison.
14 (2) No injuries are required to prove attempted strangulation.
15 (3) "Willful," as used in this section, means only that the application
16 of pressure to the neck or throat is intentional. The prosecution is not
17 required to show that the defendant intended to kill or injure the victim. The
18 only intent required is the intent to choke or attempt to strangle.
19 SECTION 4. An emergency existing therefor, which emergency is hereby
20 declared to exist, this act shall be in full force and effect on and after its
21 passage and approval.
STATEMENT OF PURPOSE
RS 14648
This proposed legislation adds Section 18-923 to criminalize
attempted strangulation as a felony. This legislation recognizes
the seriousness of attempted strangulation in an intimate partner
relationship, as correlated to a greatly increased risk for
homicide (Glass, Nancy, et. al, Strangulation as a Risk Factor
for Intimate Partner Femicide, Summary Report; Block, Carolyn,
How Can Practitioners Help an Abused Woman Lower Her Risk of
Death?) This statute is intended to specifically permit the
prosecution of attempted strangulation where no visible injury is
present, while using the terms "attempted strangulation" and
"choking" as they are employed in common parlance.
A large percentage of the homicides occurring in Idaho occur
between intimate partners.
In 1998, one half (13 of 26) of the homicides in Idaho were
related to domestic violence. In 1999, one third (5 of 16) of
the homicides in Idaho were related to domestic violence. In
2000, one half (16 of 32) of the homicides in Idaho were related
to domestic violence. (Idaho Council on Domestic Violence,
Yearly Statistics Overview, http://www2.state.id.us/crimevictim/
research/statistics/yearlystats.html).
FISCAL NOTE
The fiscal impact is unknown. This statute may result in
increased incarceration for violent offenders, which would be an
increase in cost to the state. However, it is believed that this
increase in cost would be offset by long-term cost benefits, such
as fewer hospitalizations for the victim and fewer domestic
violence homicide cases to prosecute.
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 1062