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S1186................................................by JUDICIARY AND RULES
DOMESTIC VIOLENCE - Adds to and amends existing law relating to domestic
violence to provide for domestic violence fatality review committees; to
provide duties, authority and prohibitions relating to the committees; to
provide that certain proceedings, records, opinions, communications and
meetings of domestic violence fatality review committees are confidential;
to provide that domestic violence fatality review committees shall have
access to specific information; and to provide for immunity from liability.
03/08 Senate intro - 1st rdg - to printing
03/09 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1186
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC VIOLENCE; AMENDING CHAPTER 52, TITLE 39, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 39-5214, IDAHO CODE, TO PROVIDE FOR THE
4 AUTHORITY AND DUTY OF THE IDAHO COUNCIL ON DOMESTIC VIOLENCE AND VICTIM
5 ASSISTANCE RELATING TO DOMESTIC VIOLENCE FATALITY REVIEW COMMITTEES AND TO
6 PROVIDE THAT ANY RULEMAKING RELATING TO DOMESTIC VIOLENCE FATALITY REVIEW
7 COMMITTEES SHALL NOT CONFLICT WITH CERTAIN FEDERAL REQUIREMENTS RELATING
8 TO FUNDING; AMENDING CHAPTER 52, TITLE 39, IDAHO CODE, BY THE ADDITION OF
9 A NEW SECTION 39-5214A, IDAHO CODE, TO DEFINE TERMS; AMENDING CHAPTER 52,
10 TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-5214B, IDAHO
11 CODE, TO PROVIDE FOR DOMESTIC VIOLENCE FATALITY REVIEW COMMITTEES; AMEND-
12 ING CHAPTER 52, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
13 39-5214C, IDAHO CODE, TO PROVIDE DUTIES, AUTHORITY AND PROHIBITIONS RELAT-
14 ING TO DOMESTIC VIOLENCE FATALITY REVIEW COMMITTEES; AMENDING CHAPTER 52,
15 TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-5214D, IDAHO
16 CODE, TO PROVIDE THAT CERTAIN PROCEEDINGS, RECORDS, OPINIONS AND COMMUNI-
17 CATIONS OF DOMESTIC VIOLENCE FATALITY REVIEW COMMITTEES ARE CONFIDENTIAL,
18 TO PROVIDE THAT MEMBERS OF THE COMMITTEES SHALL NOT BE SUBJECT TO CERTAIN
19 QUESTIONING IN CIVIL OR CRIMINAL PROCEEDINGS AND TO PROVIDE THAT DOMESTIC
20 VIOLENCE FATALITY REVIEW COMMITTEES SHALL HAVE ACCESS TO CERTAIN INFORMA-
21 TION; AMENDING CHAPTER 52, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW
22 SECTION 39-5214E, IDAHO CODE, TO PROVIDE FOR SPECIFIED IMMUNITY FROM LIA-
23 BILITY; AMENDING CHAPTER 52, TITLE 39, IDAHO CODE, BY THE ADDITION OF A
24 NEW SECTION 39-5214F, IDAHO CODE, TO PROVIDE THAT ANY PROVISION OF SPECI-
25 FIED LAW SHALL BE DEEMED NULL AND VOID IF IN CONFLICT WITH FEDERAL
26 REQUIREMENTS RELATING TO FUNDING; AMENDING SECTION 9-340B, IDAHO CODE, TO
27 PROVIDE FOR THE CONFIDENTIALITY OF CERTAIN DOMESTIC VIOLENCE FATALITY
28 REVIEW RECORDS; AMENDING SECTION 39-5204, IDAHO CODE, TO PROVIDE A CORRECT
29 CODE REFERENCE; AMENDING SECTION 39-5209, IDAHO CODE, TO CLARIFY RULEMAK-
30 ING AUTHORITY; AND AMENDING SECTION 67-2342, IDAHO CODE, TO PROVIDE THAT
31 CERTAIN MEETINGS RELATING TO DOMESTIC VIOLENCE FATALITY REVIEWS SHALL NOT
32 BE OPEN TO THE PUBLIC.
33 Be It Enacted by the Legislature of the State of Idaho:
34 SECTION 1. That Chapter 52, Title 39, Idaho Code, be, and the same is
35 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
36 ignated as Section 39-5214, Idaho Code, and to read as follows:
37 39-5214. AUTHORITY AND DUTY OF COUNCIL -- DOMESTIC VIOLENCE FATALITY
38 REVIEW COMMITTEE -- RULES. (1) Subject to the availability of funds, the
39 Idaho council on domestic violence and victim assistance is authorized to:
40 (a) Appoint a domestic violence fatality review committee;
41 (b) Direct the gathering of information for use by the committee for the
42 purpose of reviewing domestic violence fatalities;
43 (c) Provide training and technical assistance to the committee; and
2
1 (d) Direct the issuance of reports by the committee pursuant to the pro-
2 visions of section 39-5214C, Idaho Code.
3 (2) The council shall retain the authority and responsibility to oversee
4 and approve all activities of the committee and shall approve all guidelines,
5 protocols, policies and procedures recommended and developed by the committee.
6 (3) The council shall provide a member or members of its staff to act as
7 liaison between the council and the committee.
8 (4) Any rules promulgated by the council relating to the provisions of
9 sections 39-5214 through 39-5214F, Idaho Code, shall not conflict with federal
10 requirements that are a prescribed condition to the allocation of federal
11 funds to the state.
12 SECTION 2. That Chapter 52, Title 39, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 39-5214A, Idaho Code, and to read as follows:
15 39-5214A. DEFINITIONS. When used in sections 39-5214 through 39-5214F,
16 Idaho Code:
17 (1) "Committee" or "domestic violence fatality review committee" means
18 that group of seven (7) individuals, selected by the council, responsible for
19 determining cases for fatality review and for conducting fatality reviews.
20 (2) "Council" means the Idaho council on domestic violence and victim
21 assistance.
22 (3) "Domestic violence fatality" means a death where the alleged perpe-
23 trator and victim are family or household members, including those related by
24 blood or marriage, those that reside together or that have resided together,
25 and those that have a child in common. "Domestic violence fatality" may also
26 include those situations in which the alleged perpetrator and victim have been
27 involved in a dating relationship depending on the following factors:
28 (a) Nature of the relationship;
29 (b) Length of the relationship;
30 (c) Frequency of interaction between the parties;
31 (d) Length of time since termination of the relationship in the event the
32 relationship has been terminated.
33 The definition of "domestic violence fatality" shall be construed broadly to
34 afford a domestic violence fatality review panel discretion to review fatali-
35 ties that have occurred directly within domestic relationships, including sui-
36 cides of persons that have been subject to domestic violence within domestic
37 relationships.
38 (4) "Team" means the individuals, not including committee and council
39 members, who are contacted and consulted with by the committee to work on a
40 particular fatality review.
41 SECTION 3. That Chapter 52, Title 39, Idaho Code, be, and the same is
42 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
43 ignated as Section 39-5214B, Idaho Code, and to read as follows:
44 39-5214B. DOMESTIC VIOLENCE FATALITY REVIEW COMMITTEE -- MEMBERS -- TERMS
45 -- COMPENSATION AND EXPENSES. (1) Subject to the provisions of section
46 39-5214, Idaho Code, the council may appoint a committee for the review of
47 domestic violence fatalities. The committee shall be comprised of seven (7)
48 members, each representing one (1) of the seven (7) substate administrative
49 regions established pursuant to section 56-1002, Idaho Code.
50 (2) Committee members shall consist of a cross-section of representatives
3
1 from diverse backgrounds that may include, but not be limited to, the follow-
2 ing:
3 (a) Medical personnel with expertise in domestic violence abuse;
4 (b) Coroners or medical examiners or others experienced in the field of
5 forensic pathology, if available;
6 (c) County prosecuting attorneys and/or municipal attorneys and public
7 defenders;
8 (d) Domestic violence shelter service staff and domestic violence vic-
9 tims' advocates;
10 (e) Law enforcement personnel;
11 (f) Child protective services workers;
12 (g) Perpetrator treatment program providers;
13 (h) Judges, court administrators, and/or their representatives (ex
14 officio capacity only);
15 (i) Representatives of the state domestic violence coalition.
16 (3) Committee members shall be appointed to serve three (3) year terms.
17 Members of the committee shall serve without compensation. Reasonable expenses
18 incurred by committee members for travel to attend meetings may be compensated
19 but shall be preapproved by the council.
20 (4) Any violation of the provisions of sections 39-5214 through 39-5214F,
21 Idaho Code, shall subject a committee member to removal by the council.
22 SECTION 4. That Chapter 52, Title 39, Idaho Code, be, and the same is
23 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
24 ignated as Section 39-5214C, Idaho Code, and to read as follows:
25 39-5214C. DOMESTIC VIOLENCE FATALITY REVIEW COMMITTEE -- DUTIES --
26 AUTHORITY -- PROHIBITIONS. (1) The domestic violence fatality review commit-
27 tee shall have the following duties:
28 (a) To determine which deaths of victims or suspected victims of domestic
29 violence, including suicides, shall be reviewed for the purpose of identi-
30 fying trends, patterns and risk factors. Provided:
31 (i) The victims were living in the state of Idaho prior to their
32 deaths;
33 (ii) Cases that are to be reviewed shall have been determined closed
34 from governmental investigation for a period of not less than two (2)
35 years;
36 (iii) Within two (2) years of the closure of a case involving a
37 domestic violence fatality, private citizens may request review of
38 the death by submitting a written request to the council, which shall
39 be forwarded to the committee by the council. The committee may
40 review those cases which fit protocol criteria established and
41 approved by the council.
42 (b) To develop and recommend to the council:
43 (i) Standard procedures for the establishment, formation and con-
44 duct of the committee and teams;
45 (ii) Bylaws and a mission statement for the committee; and
46 (iii) Protocols for the systematic review of domestic violence fatal-
47 ities.
48 (c) To recommend individuals to serve on the committee to fill future
49 vacancies;
50 (d) To implement procedures and protocols authorized by the council;
51 (e) To investigate and suggest ways for the council to implement recom-
52 mendations made by the committee;
53 (f) To meet on a quarterly basis for the purpose of determining which
4
1 cases will be reviewed, selecting teams for consultation, reviewing domes-
2 tic violence fatalities, and developing recommendations and reporting to
3 the council. The committee shall designate one (1) of its members to serve
4 as recordkeeper for all meetings;
5 (g) To develop individual contacts within their representative regions
6 for the purpose of consultation during the reviews of domestic violence
7 fatalities;
8 (h) To maintain and collect data relating to domestic violence fatalities
9 that occur within the state. Subject to the availability of funds, data
10 regarding each domestic violence fatality review shall be collected
11 through the use of standard forms approved by the committee. Collected
12 data shall be compiled and analyzed for the purposes of identifying points
13 at which the system response to domestic violence could be improved and
14 identifying patterns in domestic violence fatalities;
15 (i) To make recommendations to the council to be submitted to federal,
16 state or local agencies, including recommendations that may reduce the
17 number of preventable domestic violence fatalities;
18 (j) To address the need for changes to law, policy, or practice, that
19 will assist the committee and federal, state or local agencies in fulfill-
20 ing their duties as it relates to domestic violence fatalities;
21 (k) To provide statistical analysis regarding the causes of domestic vio-
22 lence fatalities;
23 (l) To promote public awareness of the incidence and causes of domestic
24 violence fatalities, including recommendations for their reduction;
25 (m) To provide quarterly reports to the council and, with regard to every
26 fatality that is reviewed, to make a final report to the council; and
27 (n) To submit a report to the council, on or before March 31 of each
28 year, concerning the incidents of domestic violence fatalities within the
29 state and concerning the activities of the committee. The council shall
30 forward the committee's report to the governor and to the legislature. At
31 a minimum, the report shall include statistics setting forth the number of
32 domestic violence fatalities, identifiable trends in domestic violence
33 fatalities in the state, including possible causes, if any, and recommen-
34 dations to reduce the number of preventable domestic violence fatalities
35 in the state.
36 (2) The committee shall have the discretion to invite third parties, rel-
37 evant to a particular review, to serve on a team. Team members shall be com-
38 prised of individuals with backgrounds described in subsection (2) of section
39 39-5214B, Idaho Code, or with other specific expertise for the benefit of the
40 committee, as well as representatives of organizations or agencies that had
41 contact with, or provided services to, the victim or the perpetrator. Team
42 members shall serve without compensation. Reasonable expenses incurred by team
43 members for travel to attend meetings may be compensated but shall be
44 preapproved by the council.
45 (3) Committee members shall not:
46 (a) Participate in the review of a fatality, at the team level, in which
47 they have been involved or will be involved in any manner, including the
48 investigation or prosecution of a case. A committee member so involved
49 shall notify the other committee members of their involvement and shall be
50 recused from any committee analysis, other participation, or discussion
51 relating to the death;
52 (b) Attempt to enforce any public health standard or criminal law;
53 (c) Participate in any legal proceeding relating to a domestic violence
54 fatality chosen for review by the committee. This prohibition shall not
55 apply in the event a committee member has been recused pursuant to the
5
1 provisions of paragraph (a) of this subsection, and shall participate in a
2 legal proceeding in the course of performing his or her duties outside of
3 the committee;
4 (d) Disclose any information that is confidential pursuant to the provi-
5 sions of section 39-5214D, Idaho Code;
6 (e) Obtain any service requiring compensation on behalf of the committee
7 without the preapproval of the council.
8 SECTION 5. That Chapter 52, Title 39, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 39-5214D, Idaho Code, and to read as follows:
11 39-5214D. CONFIDENTIALITY -- ACCESS TO INFORMATION. (1) Proceedings,
12 records and opinions of the domestic violence fatality review committee are
13 confidential and are not subject to discovery, subpoena or introduction into
14 evidence in any civil or criminal proceeding. Nothing in this section shall be
15 construed to limit or restrict the right to discover or use in any civil or
16 criminal proceeding anything that is available from another source and
17 entirely independent of the proceedings of the domestic violence fatality
18 review committee.
19 (2) Members of the committee shall not be subject to questioning in any
20 civil or criminal proceeding regarding information presented in, or opinions
21 formed as a result of, a meeting of the committee. Nothing in this section may
22 be construed to prevent a member of the committee from testifying to informa-
23 tion obtained independently of the committee or in regard to information which
24 is public in nature.
25 (3) Any oral or written communication or document shared within or pro-
26 duced by the committee related to a domestic violence fatality review, is con-
27 fidential and not subject to disclosure or discoverable by a third party. Any
28 oral or written communication or document provided by a third party to the
29 committee, or between a third party and the committee, is confidential and not
30 subject to disclosure or discovery by subpoena or introduction into evidence
31 in any civil or criminal proceeding. Notwithstanding the foregoing, the com-
32 mittee and the council shall have the discretion to disclose committee recom-
33 mendations provided personal identifiers are redacted.
34 (4) To the extent otherwise permitted by law or court rule, and when
35 determined to be relevant and necessary to a review, the committee shall have
36 access to information and records regarding domestic violence victims and
37 perpetrators from the following sources:
38 (a) Domestic violence treatment providers;
39 (b) Dental care providers;
40 (c) Hospitals, medical providers and pathologists;
41 (d) Coroners and medical examiners;
42 (e) Mental health providers;
43 (f) Lawyers;
44 (g) State and local governments;
45 (h) Courts; and
46 (i) Employers.
47 Information and records may include, but may not be limited to, guardian ad
48 litem reports, parenting evaluations and victim impact statements; probation
49 information; court ordered mental health evaluations; presentence interviews
50 and reports, and any recommendations made regarding bail and release on own
51 recognizance; child protection services, welfare and other information held by
52 the department of health and welfare; law enforcement incident documentation
53 such as incident reports, dispatch records, and victim, witness and suspect
6
1 statements, supplemental reports, probable cause statements and 911 reports;
2 corrections and postsentence supervision reports; and any other information
3 determined to be relevant to the review. The council and the committee shall
4 maintain the confidentiality of such information to the extent required by any
5 applicable law.
6 SECTION 6. That Chapter 52, Title 39, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 39-5214E, Idaho Code, and to read as follows:
9 39-5214E. IMMUNITY FROM LIABILITY. If acting in good faith, without mal-
10 ice, and pursuant to statutory authority and established committee protocol,
11 representatives of the council and the committee are immune from civil liabil-
12 ity for any activity related to review of domestic violence fatalities.
13 SECTION 7. That Chapter 52, Title 39, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 39-5214F, Idaho Code, and to read as follows:
16 39-5214F. CONFLICT WITH FEDERAL REQUIREMENTS. In the event that any pro-
17 vision of sections 39-5214 through 39-5214E, Idaho Code, is determined to be
18 in conflict with a federal requirement that is a prescribed condition to the
19 allocation of federal funds to the state, the conflicting provision shall be
20 deemed null and void solely to the extent of the conflict and shall not affect
21 the validity of the remaining provisions of sections 39-5214 through 39-5214E,
22 Idaho Code.
23 SECTION 8. That Section 9-340B, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
26 TIGATORY RECORDS OF AGENCIES, EVACUATION AND EMERGENCY RESPONSE PLANS, WOR-
27 KER'S COMPENSATION -- DOMESTIC VIOLENCE FATALITY REVIEW RECORDS. The following
28 records are exempt from disclosure:
29 (1) Investigatory records of a law enforcement agency, as defined in sec-
30 tion 9-337(6), Idaho Code, under the conditions set forth in section 9-335,
31 Idaho Code.
32 (2) Juvenile records of a person maintained pursuant to chapter 5, title
33 20, Idaho Code, except that facts contained in such records shall be furnished
34 upon request in a manner determined by the court to persons and governmental
35 and private agencies and institutions conducting pertinent research studies or
36 having a legitimate interest in the protection, welfare and treatment of the
37 juvenile who is thirteen (13) years of age or younger. If the juvenile is
38 petitioned or charged with an offense which would be a criminal offense if
39 committed by an adult, the name, offense of which the juvenile was petitioned
40 or charged and disposition of the court shall be subject to disclosure as pro-
41 vided in section 20-525, Idaho Code. Additionally, facts contained in any
42 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
43 be furnished upon request to any school district where the juvenile is
44 enrolled or is seeking enrollment.
45 (3) Records of the custody review board of the Idaho department of juve-
46 nile corrections, including records containing the names, addresses and writ-
47 ten statements of victims and family members of juveniles, shall be exempt
48 from public disclosure pursuant to section 20-533A, Idaho Code.
49 (4) (a) The following records of the department of correction:
7
1 (i) Records of which the public interest in confidentiality, public
2 safety, security and habilitation clearly outweighs the public inter-
3 est in disclosure as identified pursuant to the authority of the
4 Idaho board of correction under section 20-212, Idaho Code;
5 (ii) Records that contain any identifying information, or any infor-
6 mation that would lead to the identification of any victims or wit-
7 nesses;
8 (iii) Records that reflect future transportation or movement of a
9 prisoner;
10 (iv) Records gathered during the course of the presentence investi-
11 gation;
12 (v) Records of a prisoner, as defined in section 9-337(9), Idaho
13 Code, or probationer shall not be disclosed to any other prisoner or
14 probationer.
15 (b) Records of buildings, facilities, infrastructures and systems held by
16 or in the custody of any public agency only when the disclosure of such
17 information would jeopardize the safety of persons or the public safety.
18 Such records may include emergency evacuation, escape or other emergency
19 response plans, vulnerability assessments, operation and security manuals,
20 plans, blueprints or security codes. For purposes of this section "system"
21 shall mean electrical, heating, ventilation, air conditioning and telecom-
22 munication systems.
23 (c) Records of the commission of pardons and parole shall be exempt from
24 public disclosure pursuant to section 20-213A, Idaho Code, and section
25 20-223, Idaho Code. Records exempt from disclosure shall also include
26 those containing the names, addresses and written statements of victims.
27 (5) Voting records of the sexual offender classification board. In accor-
28 dance with section 18-8315, Idaho Code, the written record of the vote to
29 classify an offender as a violent sexual predator by each board member in each
30 case reviewed by that board member shall be exempt from disclosure to the pub-
31 lic and shall be made available upon request only to the governor, the chair-
32 man of the senate judiciary and rules committee, and the chairman of the house
33 of representatives judiciary, rules and administration committee, for all law-
34 ful purposes.
35 (6) Records of the sheriff or Idaho state police received or maintained
36 pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.
37 (7) Records of investigations prepared by the department of health and
38 welfare pursuant to its statutory responsibilities dealing with the protection
39 of children, the rehabilitation of youth, adoptions and the commitment of
40 mentally ill persons.
41 (8) Records including, but not limited to, investigative reports, result-
42 ing from investigations conducted into complaints of discrimination made to
43 the Idaho human rights commission unless the public interest in allowing
44 inspection and copying of such records outweighs the legitimate public or pri-
45 vate interest in maintaining confidentiality of such records. A person may
46 inspect and copy documents from an investigative file to which he or she is a
47 named party if such documents are not otherwise prohibited from disclosure by
48 federal law or regulation or state law. The confidentiality of this subsection
49 will no longer apply to any record used in any judicial proceeding brought by
50 a named party to the complaint or investigation, or by the Idaho human rights
51 commission, relating to the complaint of discrimination.
52 (9) Records containing information obtained by the manager of the Idaho
53 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on
54 behalf of employers or employees contained in underwriting and claims for ben-
55 efits files.
8
1 (10) The worker's compensation records of the Idaho industrial commission
2 provided that the industrial commission shall make such records available:
3 (a) To the parties in any worker's compensation claim and to the indus-
4 trial special indemnity fund of the state of Idaho; or
5 (b) To employers and prospective employers subject to the provisions of
6 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory
7 limitations, who certify that the information is being requested with
8 respect to a worker to whom the employer has extended an offer of employ-
9 ment and will be used in accordance with the provisions of the Americans
10 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
11 (c) To employers and prospective employers not subject to the provisions
12 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu-
13 tory limitations, provided the employer presents a written authorization
14 from the person to whom the records pertain; or
15 (d) To others who demonstrate that the public interest in allowing
16 inspection and copying of such records outweighs the public or private
17 interest in maintaining the confidentiality of such records, as determined
18 by a civil court of competent jurisdiction; or
19 (e) Although a claimant's records maintained by the industrial commis-
20 sion, including medical and rehabilitation records, are otherwise exempt
21 from public disclosure, the quoting or discussing of medical or rehabili-
22 tation records contained in the industrial commission's records during a
23 hearing for compensation or in a written decision issued by the industrial
24 commission shall be permitted; provided further, the true identification
25 of the parties shall not be exempt from public disclosure in any written
26 decision issued and released to the public by the industrial commission.
27 (11) Records of investigations compiled by the commission on aging involv-
28 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to
29 be abused, neglected or exploited.
30 (12) Criminal history records and fingerprints, as defined by section
31 67-3001, Idaho Code, and compiled by the Idaho state police. Such records
32 shall be released only in accordance with chapter 30, title 67, Idaho Code.
33 (13) Records furnished or obtained pursuant to section 41-1019, Idaho
34 Code, regarding termination of an appointment, employment, contract or other
35 insurance business relationship between an insurer and a producer.
36 (14) Records of a prisoner or former prisoner in the custody of any state
37 or local correctional facility, when the request is made by another prisoner
38 in the custody of any state or local correctional facility.
39 (15) Except as provided in section 72-1007, Idaho Code, records of the
40 Idaho industrial commission relating to compensation for crime victims under
41 chapter 10, title 72, Idaho Code.
42 (16) All records including, but not limited to, communications, documents
43 or opinions obtained in conjunction with, or produced as the result of, a
44 domestic violence fatality review by a domestic violence fatality review com-
45 mittee and/or the Idaho council on domestic violence and victim assistance
46 pursuant to the provisions of chapter 52, title 39, Idaho Code. The provisions
47 of this subsection shall not be construed to limit or restrict the right to
48 discover or use in any civil or criminal proceeding any record that is avail-
49 able as a public record from another source.
50 SECTION 9. That Section 39-5204, Idaho Code, be, and the same is hereby
51 amended to read as follows:
52 39-5204. COMPOSITION. The council shall consist of seven (7) members
53 appointed by the governor. At least one (1) member shall reside in each of the
9
1 seven (7) substate regions established pursuant to section 39-104 56-1002,
2 Idaho Code. Members shall be representative of persons who have been victims
3 of domestic violence, care providers, law enforcement officials, medical and
4 mental health personnel, counselors, and interested and concerned members of
5 the general public.
6 SECTION 10. That Section 39-5209, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-5209. RULES. The council shall promulgate, adopt and amend rules and
9 criteria to implement the provisions of this chapter, including those regard-
10 ing applications and grants for domestic violence project funding and for
11 funding under any other grant program administered by the council. Such pro-
12 mulgation, adoption and amendment shall be in compliance with the provisions
13 of chapter 52, title 67, Idaho Code.
14 SECTION 11. That Section 67-2342, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 67-2342. GOVERNING BODIES -- REQUIREMENT FOR OPEN PUBLIC MEETINGS. (1)
17 Except as provided below, all meetings of a governing body of a public agency
18 shall be open to the public and all persons shall be permitted to attend any
19 meeting except as otherwise provided by this act. No decision at a meeting of
20 a governing body of a public agency shall be made by secret ballot.
21 (2) Deliberations of the board of tax appeals created in chapter 38,
22 title 63, Idaho Code, the public utilities commission and the industrial com-
23 mission in a fully submitted adjudicatory proceeding in which hearings, if any
24 are required, have been completed, and in which the legal rights, duties or
25 privileges of a party are to be determined are not required by this act to
26 take place in a meeting open to the public. Such deliberations may, however,
27 be made and/or conducted in a public meeting at the discretion of the agency.
28 (3) Meetings of a domestic violence fatality review committee or the
29 Idaho council on domestic violence and victim assistance to the extent related
30 to a domestic violence fatality review pursuant to the provisions of chapter
31 52, title 39, Idaho Code.
32 (4) Meetings of the Idaho life and health insurance guaranty association
33 established under chapter 43, title 41, Idaho Code, the Idaho insurance guar-
34 anty association established under chapter 36, title 41, Idaho Code, and the
35 surplus line association approved by the director of the Idaho department of
36 insurance as authorized under chapter 12, title 41, Idaho Code, are not
37 required by this act to take place in a meeting open to the public.
38 (45) A governing body shall not hold a meeting at any place where dis-
39 crimination on the basis of race, creed, color, sex, age or national origin is
40 practiced.
41 (56) All meetings may be conducted using telecommunications devices which
42 enable all members of a governing body participating in the meeting to commu-
43 nicate with each other. Such devices may include, but are not limited to,
44 telephone or video conferencing devices and similar communications equipment.
45 Participation by a member of the governing body through telecommunications
46 devices shall constitute presence in person by such member at the meeting;
47 provided however, that at least one (1) member of the governing body, or the
48 director of the public agency, or the chief administrative officer of the pub-
49 lic agency shall be physically present at the location designated in the meet-
50 ing notice, as required under section 67-2343, Idaho Code, to ensure that the
51 public may attend such meeting in person. The communications among members of
10
1 a governing body must be audible to the public attending the meeting in person
2 and the members of the governing body.
STATEMENT OF PURPOSE
RS 15100
This purpose of this legislation is to establish the fatality
review process on domestic violence deaths occurring within
Idaho. The primary goals of a Domestic Violence Fatality Review
Committee are to promote cooperation, communication and
collaboration among agencies involved in the response,
investigation and intervention in domestic violence and to
identify patterns in domestic violence related fatalities;
formulate recommendations regarding the investigation,
intervention and prevention of domestic violence.
A Fatality Review is an examination of a death caused by domestic
violence. The review takes place after the police investigation
is closed and criminal prosecution is completed. The fatality
review assesses points of intervention and contacts the
perpetrators and victims had regarding the domestic violence.
Most fatalities are preceded by multiple efforts to help the
victim and multiple opportunities for the community to prevent
the fatality. Fatality review enhances communication between
venues of law enforcement and social service agencies.
FISCAL IMPACT
There will be no impact to the state general fund.
The Domestic Violence Fatality Review Committee will be comprised
of volunteers who will not be compensated for their service, but
will be compensated for travel costs related to committee
meetings. It is anticipated that the costs of the committee to
meet quarterly will be approximately $15,000 per year. The
expenses will be covered by federal and dedicated funds currently
within the budget of the Idaho Council on Domestic Violence and
Victim Assistance.
Contact: Sen. Brad Little
Phone: (208) 332-1000
Rep. Mack Shirley
Phone: (208) 332-1000
STATEMENT OF PURPOSE S 1186