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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 - 2005IN 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 - 2005Moved 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 - 2005IN 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