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– Protection order, violation pnlty
HOUSE BILL NO. 540
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H0540......................................................by STATE AFFAIRS
PROTECTION ORDER - VIOLATION - Amends existing law to provide penalties for
second and third violations of protection orders; and to define
"substantially conforming foreign criminal violation."
02/18 House intro - 1st rdg - to printing
02/19 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 540
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO CRIMES AND PUNISHMENTS AND VIOLATIONS OF PROTECTION ORDERS; AMEND-
3 ING SECTION 39-6312, IDAHO CODE, TO PROVIDE FOR ENHANCED PENALTIES FOR
4 CERTAIN VIOLATIONS OF PROTECTION ORDERS AND TO DEFINE "SUBSTANTIALLY CON-
5 FORMING FOREIGN CRIMINAL VIOLATION."
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 39-6312, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-6312. VIOLATION OF ORDER -- PENALTIES. (1) Whenever a protection order
10 is granted and the respondent or person to be restrained had notice of the
11 order, a violation of the provisions of the order or of a provision excluding
12 the person from a residence shall be a misdemeanor punishable by not to exceed
13 one (l) year in jail and a fine not to exceed five one thousand dollars
14 ($ 51,000), ten dollars ($10.00) of which shall be deposited to the credit of
15 the domestic violence project account created in section 39-5212, Idaho Code.
16 Any person who pleads guilty to or is found guilty of a violation of this sub-
17 section who previously has pled guilty to or been found guilty of a violation
18 of this subsection, or section 18-920, Idaho Code, or of any substantially
19 conforming foreign criminal violation, notwithstanding the form of the judg-
20 ment or withheld judgment, within ten (10) years of the first conviction,
21 shall be guilty of a misdemeanor and shall be punished by imprisonment in the
22 county jail for a term not to exceed two (2) years and a fine not to exceed
23 two thousand dollars ($2,000), ten dollars ($10.00) of which shall be depos-
24 ited to the credit of the domestic violence project account created in section
25 39-5212, Idaho Code. Any person who pleads guilty to or is found guilty of a
26 violation of this subsection who previously has pled guilty to or been found
27 guilty of two (2) violations of this subsection, or section 18-920, Idaho
28 Code, or of any substantially conforming foreign criminal violation or any
29 combination thereof, notwithstanding the form of the judgment or withheld
30 judgment, within fifteen (15) years of the first conviction, shall be guilty
31 of a felony and shall be punished by imprisonment in the state prison for a
32 term not to exceed five (5) years and a fine not to exceed five thousand dol-
33 lars ($5,000), ten dollars ($10.00) of which shall be deposited to the credit
34 of the domestic violence project account created in section 39-5212, Idaho
36 (2) A peace officer may arrest without a warrant and take into custody a
37 person whom the peace officer has probable cause to believe has violated an
38 order, if the person restrained had notice of the order.
39 (3) The person against whom a protection order has been issued by an out-
40 of-state court is presumed to have notice of the order if the victim presents
41 to the officer proof of service of the order.
42 (4) For purposes of this section, a substantially conforming foreign
43 criminal violation exists when a person has pled guilty to or been found
1 guilty of a violation of any federal law or law of another state, or any valid
2 county, city or town ordinance of another state, substantially conforming with
3 the provisions of this section. The determination of whether a foreign crimi-
4 nal violation is substantially conforming is a question of law to be deter-
5 mined by the court.
STATEMENT OF PURPOSE
The purpose of this legislation and the companion
legislation is to create enhanced penalties for repeated
violations of a valid order of no contact or a protection order
issued by a court.
The greater penalties for a second or a third violation of a
no contact order or protection order will assist law enforcement
and the courts in protecting victims of certain violent crimes by
deterring a defendant from repeatedly contacting the victim in
violation of the court order.
This legislation creates an enhanced misdemeanor with a
discretionary penalty of up to two (2) years in jail and/or up to
a $2000.00 fine for a second violation of a no contact order or
protection order within ten (10) years of the first violation.
In addition, a third violation of a protection order or no
contact order within fifteen (15) years may result in a felony
conviction with a discretionary period of incarceration of up to
five (5) years and/or up to a $5000.00 fine.
In order to create consistent sentences for a first offense
of either a violation of protection order or a violation of a no
contact order, this legislation reduces the current maximum fine
available for a violation of a protection order, under I.C. 39-
6312, from $5000.00 to a maximum of a $1000.00 fine.
The fiscal impact is difficult to determine with certainty,
as it will depend upon the increased number of offenders, if any,
charged with and convicted of the felony provision created under
this section. The potential impact to the general fund would be
equal to the cost of imprisoning the number of offenders charged,
convicted and sentenced to prison as a result of the felony
provision of the statute.
Contact: Heather Reilly, Idaho Prosecuting Attorneys Assn.
STATEMENT OF PURPOSE/FISCAL NOTE H 540