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S1356aa..............................................by JUDICIARY AND RULES
DOMESTIC VIOLENCE - Amends existing law relating to domestic violence crime
prevention to increase the maximum effective period for protection orders
in certain cases; and to revise the limitations a court may impose in a
protection order; and to provide that immediate and present danger exists
where there is reasonable cause to believe bodily harm may result.
02/07 Senate intro - 1st rdg - to printing
02/08 Rpt prt - to Jud
03/02 Rpt out - to 14th Ord
03/08 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/13 3rd rdg as amen - 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 - Jorgenson
Title apvd - to House
03/14 House intro - 1st rdg - to Jud
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/24 3rd rdg - PASSED - 63-0-7
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Collins, Crow, Denney, Edmunson, Ellsworth, Eskridge,
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, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Black, Clark, Deal, Field(18), Ring, Trail,
Wills
Floor Sponsor - Boe
Title apvd - to Senate
03/27 To enrol
03/28 Rpt enrol - Pres signed
03/29 Sp signed
03/30 To Governor
03/31 Governor signed
Session Law Chapter 287
Effective: 03/31/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1356
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC VIOLENCE CRIME PREVENTION; AMENDING SECTION 39-6306,
3 IDAHO CODE, TO INCREASE THE MAXIMUM EFFECTIVE PERIOD FOR PROTECTION ORDERS
4 IN CERTAIN CASES, TO REVISE THE LIMITATIONS A COURT MAY IMPOSE IN A PRO-
5 TECTION ORDER AND TO MAKE A TECHNICAL CORRECTION; AND DECLARING AN EMER-
6 GENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 39-6306, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-6306. HEARING ON PETITION FOR PROTECTION ORDER -- RELIEF PROVIDED AND
11 REALIGNMENT OF DESIGNATION OF PARTIES. (1) Upon filing of a petition based
12 upon a sworn affidavit for a protection order, the court shall hold a hearing
13 to determine whether the relief sought shall be granted within fourteen (14)
14 days. If either party is represented by counsel at a hearing seeking entry of
15 a protection order, the court shall permit a continuance, if requested, of the
16 proceedings so that counsel may be obtained by the other party. If the court
17 finds that it is necessary for both parties to be represented by counsel, the
18 court shall enter appropriate orders to insure ensure that counsel is
19 retained. The order entered may require either the petitioner or respondent,
20 or both, to pay for costs of counsel. Upon a showing that there is an immedi-
21 ate and present danger of domestic violence to the petitioner the court may,
22 if requested, order for a period not to exceed three one (31) months year
23 that:
24 (a) Temporary custody of the minor children of the petitioner or of the
25 parties be awarded to the petitioner or respondent if exercise of such
26 jurisdiction is consistent with the provisions of section 32-11-204, Idaho
27 Code, and consistent with prior custody orders entered by a court of com-
28 petent jurisdiction unless grounds exist pursuant to section 32-717, Idaho
29 Code;
30 (b) A party be restrained from committing acts of domestic violence;
31 (c) Exclude the respondent from the dwelling which the parties share or
32 from the residence of the petitioner;
33 (d) The respondent be ordered to participate in treatment or counseling
34 services. The council on domestic violence, in recognition of the particu-
35 lar treatment requirements for batterers, shall develop minimal program
36 and treatment standards to be used as guidelines for recommending approval
37 of batterer programs to the court;
38 (e) Other relief be ordered as the court deems necessary for the protec-
39 tion of a family or household member, including orders or directives to a
40 peace officer, as allowed under this chapter;
41 (f) The respondent be required to pay service fees, and to reimburse the
42 petitioner for costs incurred in bringing the action, including a reason-
43 able attorney's fee;
2
1 (g) The respondent be restrained from harassing, annoying, disturbing the
2 peace of, telephoning, contacting, molesting, interfering with or menacing
3 or otherwise communicating, directly or indirectly, with the petitioner
4 and any designated family member or specifically designated person,
5 including the minor children whose custody is awarded to the petitioner;
6 and/or
7 (h) The respondent be restrained from entering any premises when it
8 appears to the court that such restraint is necessary to prevent the
9 respondent from contacting, molesting, interfering with or menacing the
10 petitioner or the minor children whose custody is awarded to the peti-
11 tioner; and/or
12 (i) The respondent be restrained from coming within one thousand five
13 hundred (1,500) feet or other appropriate distance of the petitioner, the
14 petitioner's residence, the school or place of employment of the peti-
15 tioner, or any specified place frequented by the petitioner and by any
16 other designated family member or specifically designated person, includ-
17 ing the minor children whose custody is awarded to the petitioner, on a
18 showing there is reasonable cause to believe that physical harm may other-
19 wise result.
20 (2) Immediate and present danger under this section includes, but is not
21 limited to, situations in which the respondent has recently threatened the
22 petitioner with bodily harm or engaged in domestic violence against the peti-
23 tioner.
24 (3) No order made under this chapter shall in any manner affect title to
25 real property.
26 (4) Relief shall not be denied because petitioner used reasonable force
27 in self-defense against respondent, or because petitioner or respondent was a
28 minor at the time of the incident of domestic violence.
29 (5) Any relief granted by the protection order, other than a judgment for
30 costs, shall be for a fixed period not to exceed three one (31) months year;
31 provided, that an order obtained pursuant to this chapter may, upon motion and
32 upon good cause shown, be renewed for additional terms not to exceed one (1)
33 year each continue for an appropriate time period as directed by the court or
34 be made permanent if the requirements of this chapter are met, provided the
35 order may be terminated or modified by further order of the court either on
36 written stipulation filed with the court or on the motion of a party. The
37 motion to renew an order may be granted without a hearing, if not timely
38 objected to by the party against whom the order was entered.
39 (6) In providing relief under this chapter, the court may realign the
40 designation of the parties as "petitioner" and "respondent" where the court
41 finds that the original petitioner is the abuser and the original respondent
42 is the victim of domestic violence.
43 SECTION 2. An emergency existing therefor, which emergency is hereby
44 declared to exist, this act shall be in full force and effect on and after its
45 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Jorgenson
Seconded by Kelly
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1356
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, in line 4, following "designated person"
3 insert: "of the respondent's household"; in line 9, delete "molesting, inter-
4 fering with or menacing" and insert: "molesting, interfering with or menacing
5 harassing, annoying, disturbing the peace of or telephoning"; in line 16, fol-
6 lowing "designated person" insert: "of the respondent's household"; in line
7 17, delete ", on a" and delete lines 18 and 19 and insert: "."; in line 23,
8 following "tioner" insert: "or where there is reasonable cause to believe
9 bodily harm may result"; and in line 36, following "party" insert: "and after
10 a hearing on the motion".
11 CORRECTION TO TITLE
12 On page 1, in line 5, following "ORDER" insert: ", TO PROVIDE THAT IMMEDI-
13 ATE AND PRESENT DANGER EXISTS WHERE THERE IS REASONABLE CAUSE TO BELIEVE
14 BODILY HARM MAY RESULT".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1356, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO DOMESTIC VIOLENCE CRIME PREVENTION; AMENDING SECTION 39-6306,
3 IDAHO CODE, TO INCREASE THE MAXIMUM EFFECTIVE PERIOD FOR PROTECTION ORDERS
4 IN CERTAIN CASES, TO REVISE THE LIMITATIONS A COURT MAY IMPOSE IN A PRO-
5 TECTION ORDER, TO PROVIDE THAT IMMEDIATE AND PRESENT DANGER EXISTS WHERE
6 THERE IS REASONABLE CAUSE TO BELIEVE BODILY HARM MAY RESULT AND TO MAKE A
7 TECHNICAL CORRECTION; AND DECLARING AN EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 39-6306, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-6306. HEARING ON PETITION FOR PROTECTION ORDER -- RELIEF PROVIDED AND
12 REALIGNMENT OF DESIGNATION OF PARTIES. (1) Upon filing of a petition based
13 upon a sworn affidavit for a protection order, the court shall hold a hearing
14 to determine whether the relief sought shall be granted within fourteen (14)
15 days. If either party is represented by counsel at a hearing seeking entry of
16 a protection order, the court shall permit a continuance, if requested, of the
17 proceedings so that counsel may be obtained by the other party. If the court
18 finds that it is necessary for both parties to be represented by counsel, the
19 court shall enter appropriate orders to insure ensure that counsel is
20 retained. The order entered may require either the petitioner or respondent,
21 or both, to pay for costs of counsel. Upon a showing that there is an immedi-
22 ate and present danger of domestic violence to the petitioner the court may,
23 if requested, order for a period not to exceed three one (31) months year
24 that:
25 (a) Temporary custody of the minor children of the petitioner or of the
26 parties be awarded to the petitioner or respondent if exercise of such
27 jurisdiction is consistent with the provisions of section 32-11-204, Idaho
28 Code, and consistent with prior custody orders entered by a court of com-
29 petent jurisdiction unless grounds exist pursuant to section 32-717, Idaho
30 Code;
31 (b) A party be restrained from committing acts of domestic violence;
32 (c) Exclude the respondent from the dwelling which the parties share or
33 from the residence of the petitioner;
34 (d) The respondent be ordered to participate in treatment or counseling
35 services. The council on domestic violence, in recognition of the particu-
36 lar treatment requirements for batterers, shall develop minimal program
37 and treatment standards to be used as guidelines for recommending approval
38 of batterer programs to the court;
39 (e) Other relief be ordered as the court deems necessary for the protec-
40 tion of a family or household member, including orders or directives to a
41 peace officer, as allowed under this chapter;
42 (f) The respondent be required to pay service fees, and to reimburse the
43 petitioner for costs incurred in bringing the action, including a reason-
2
1 able attorney's fee;
2 (g) The respondent be restrained from harassing, annoying, disturbing the
3 peace of, telephoning, contacting, molesting, interfering with or menacing
4 or otherwise communicating, directly or indirectly, with the petitioner
5 and any designated family member or specifically designated person of the
6 respondent's household, including the minor children whose custody is
7 awarded to the petitioner; and/or
8 (h) The respondent be restrained from entering any premises when it
9 appears to the court that such restraint is necessary to prevent the
10 respondent from contacting, molesting, interfering with or menacing
11 harassing, annoying, disturbing the peace of or telephoning the petitioner
12 or the minor children whose custody is awarded to the petitioner; and/or
13 (i) The respondent be restrained from coming within one thousand five
14 hundred (1,500) feet or other appropriate distance of the petitioner, the
15 petitioner's residence, the school or place of employment of the peti-
16 tioner, or any specified place frequented by the petitioner and by any
17 other designated family member or specifically designated person of the
18 respondent's household, including the minor children whose custody is
19 awarded to the petitioner.
20 (2) Immediate and present danger under this section includes, but is not
21 limited to, situations in which the respondent has recently threatened the
22 petitioner with bodily harm or engaged in domestic violence against the peti-
23 tioner or where there is reasonable cause to believe bodily harm may result.
24 (3) No order made under this chapter shall in any manner affect title to
25 real property.
26 (4) Relief shall not be denied because petitioner used reasonable force
27 in self-defense against respondent, or because petitioner or respondent was a
28 minor at the time of the incident of domestic violence.
29 (5) Any relief granted by the protection order, other than a judgment for
30 costs, shall be for a fixed period not to exceed three one (31) months year;
31 provided, that an order obtained pursuant to this chapter may, upon motion and
32 upon good cause shown, be renewed for additional terms not to exceed one (1)
33 year each continue for an appropriate time period as directed by the court or
34 be made permanent if the requirements of this chapter are met, provided the
35 order may be terminated or modified by further order of the court either on
36 written stipulation filed with the court or on the motion of a party and after
37 a hearing on the motion. The motion to renew an order may be granted without a
38 hearing, if not timely objected to by the party against whom the order was
39 entered.
40 (6) In providing relief under this chapter, the court may realign the
41 designation of the parties as "petitioner" and "respondent" where the court
42 finds that the original petitioner is the abuser and the original respondent
43 is the victim of domestic violence.
44 SECTION 2. An emergency existing therefor, which emergency is hereby
45 declared to exist, this act shall be in full force and effect on and after its
46 passage and approval.
STATEMENT OF PURPOSE
RS 15887
Relating to domestic violence crime prevention; amending Section
39-6306, Idaho Code, to increase the maximum effective period for
protection orders in certain cases, to revise the limitations a court
may impose in a protection order and to make a technical correction;
and declaring an emergency.
FISCAL NOTE
None
Contact
Name: Senator Mike Jorgenson
Phone: (208) 332-1346
STATEMENT OF PURPOSE/FISCAL NOTE S 1356