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H0174aa..............................by JUDICIARY, RULES AND ADMINISTRATION
CHILD ABUSE - Amends existing law to increase the amount of statutory
damages to five thousand dollars that may be assessed against a person who
makes a report or allegation of child abuse, abandonment or neglect knowing
the same to be false or who reports or alleges the same in bad faith or
with malice.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
02/16 Rpt out - to Gen Ord
02/20 Rpt out amen - to engros
02/21 Rpt engros - 1st rdg - to 2nd rdg as amen
02/22 2nd rdg - to 3rd rdg as amen
02/27 3rd rdg as amen - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Shively, Smith(30), Snodgrass, Stevenson,
Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Black, Smith(24)
Floor Sponsor - Nielsen
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Jud
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 33-1-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Darrington, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- Davis
Absent and excused -- Corder
Floor Sponsor - McKague
Title apvd - to House
03/15 To enrol - Rpt enrol - Sp signed - Pres signed
03/16 To Governor
03/21 Governor signed
Session Law Chapter 128
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 174
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO REPORTING CHILD ABUSE ACTIONS IN BAD FAITH; AMENDING SECTION
3 16-1607, IDAHO CODE, TO INCREASE THE AMOUNT OF STATUTORY DAMAGES THAT MAY
4 BE ASSESSED AGAINST A PERSON WHO MAKES A REPORT OR ALLEGATION OF CHILD
5 ABUSE, ABANDONMENT OR NEGLECT KNOWING THE SAME TO BE FALSE OR WHO REPORTS
6 OR ALLEGES THE SAME IN BAD FAITH OR WITH MALICE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 16-1607, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 16-1607. REPORTING IN BAD FAITH -- CIVIL DAMAGES. Any person who makes a
11 report or allegation of child abuse, abandonment or neglect knowing the same
12 to be false or who reports or alleges the same in bad faith or with malice
13 shall be liable to the party or parties against whom the report was made for
14 the amount of actual damages sustained or statutory damages of five hundred
15 thousand dollars ($5,000), whichever is greater, plus attorney's fees and
16 costs of suit. If the court finds that the defendant acted with malice or
17 oppression, the court may award treble actual damages or treble statutory dam-
18 ages, whichever is greater.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by Labrador
Seconded by Clark
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 174
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 14, delete "five hundred" and
3 insert: "two thousand five hundred"; in line 15, delete "thousand"; and also
4 in line 15, delete "($5,000)" and insert: "($2,500)".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 174, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO REPORTING CHILD ABUSE ACTIONS IN BAD FAITH; AMENDING SECTION
3 16-1607, IDAHO CODE, TO INCREASE THE AMOUNT OF STATUTORY DAMAGES THAT MAY
4 BE ASSESSED AGAINST A PERSON WHO MAKES A REPORT OR ALLEGATION OF CHILD
5 ABUSE, ABANDONMENT OR NEGLECT KNOWING THE SAME TO BE FALSE OR WHO REPORTS
6 OR ALLEGES THE SAME IN BAD FAITH OR WITH MALICE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 16-1607, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 16-1607. REPORTING IN BAD FAITH -- CIVIL DAMAGES. Any person who makes a
11 report or allegation of child abuse, abandonment or neglect knowing the same
12 to be false or who reports or alleges the same in bad faith or with malice
13 shall be liable to the party or parties against whom the report was made for
14 the amount of actual damages sustained or statutory damages of two thousand
15 five hundred dollars ($2,500), whichever is greater, plus attorney's fees and
16 costs of suit. If the court finds that the defendant acted with malice or
17 oppression, the court may award treble actual damages or treble statutory dam-
18 ages, whichever is greater.
STATEMENT OF PURPOSE
RS 16903
This amendment increases the penalty of a crime that has become
more difficult to prosecute because of the electronic means of
communication and helps provide a deterrent that has more meaning
in today's society than $500.00.
FISCAL NOTE
None.
Contact
Name: Representative Pete Nielsen
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 174