2005 Legislation
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SENATE BILL NO. 1062 – Strangulation, attempted, penalty

SENATE BILL NO. 1062

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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