View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0541aa....................................................by STATE AFFAIRS
NO CONTACT ORDER - VIOLATION - Amends existing law to provide penalties for
second and third violations of a no contact order; and to define
"substantially conforming foreign criminal violation."
02/18 House intro - 1st rdg - to printing
02/19 Rpt prt - to Jud
02/26 Rpt out - to Gen Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/10 3rd rdg as amen - PASSED - 69-0-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, 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, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bedke
Floor Sponsor - Labrador
Title apvd - to Senate
03/11 Senate intro - 1st rdg - to Jud
03/18 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
Rls susp - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon
Floor Sponsor - Darrington
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp/Pres signed
03/21 To Governor
03/25 Governor signed
Session Law Chapter 259
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 541 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO CRIMES AND PUNISHMENTS AND VIOLATIONS OF NO CONTACT ORDERS; AMEND- 3 ING SECTION 18-920, IDAHO CODE, TO PROVIDE FOR ENHANCED PENALTIES FOR CER- 4 TAIN VIOLATIONS OF NO CONTACT ORDERS AND TO DEFINE "SUBSTANTIALLY CONFORM- 5 ING FOREIGN CRIMINAL VIOLATION." 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-920, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-920. VIOLATION OF NO CONTACT ORDER. (1) When a person is charged with 10 or convicted of an offense under section 18-901, 18-903, 18-905, 18-907, 11 18-909, 18-911, 18-913, 18-915, 18-918, 18-919, 18-6710, 18-6711, 18-7905, 12 18-7906 or 39-6312, Idaho Code, or any other offense for which a court finds 13 that a no contact order is appropriate, an order forbidding contact with 14 another person may be issued. A no contact order may be imposed by the court 15 or by Idaho criminal rule. 16 (2) A violation of a no contact order is committed when: 17 (a) A person has been charged or convicted under any offense defined in 18 subsection (1) of this section; and 19 (b) A no contact order has been issued, either by a court or by an Idaho 20 criminal rule; and 21 (c) The person charged or convicted has had contact with the stated per- 22 son in violation of an order. 23 (3) A violation of a no contact order is punishable by a fine not exceed- 24 ing one thousand dollars ($1,000) or by imprisonment in the county jail not to 25 exceed one (1) year, or both. Any person who pleads guilty to or is found 26 guilty of a violation of this section who previously has pled guilty to or 27 been found guilty of a violation of this section, or section 39-6312, Idaho 28 Code, or of any substantially conforming foreign criminal violation, notwith- 29 standing the form of the judgment or withheld judgment, within ten (10) years 30 of the first conviction, shall be guilty of a misdemeanor and shall be pun- 31 ished by imprisonment in the county jail for a term not to exceed two (2) 32 years or by a fine not to exceed two thousand dollars ($2,000), or by both 33 fine and imprisonment. Any person who pleads guilty to or is found guilty of a 34 violation of this section who previously has pled guilty to or been found 35 guilty of two (2) violations of this section, or section 39-6312, Idaho Code, 36 or of any substantially conforming foreign criminal violation or any combina- 37 tion thereof, notwithstanding the form of the judgment or withheld judgment, 38 within fifteen (15) years of the first conviction, shall be guilty of a fel- 39 ony and shall be punished by imprisonment in the state prison for a term not 40 to exceed five (5) years or by a fine not to exceed five thousand dollars 41 ($5,000), or by both fine and imprisonment. No bond shall be set for this 42 violation until the person charged is brought before the court which will set 43 bond. Further, any such violation may result in the increase, revocation or 2 1 modification of the bond set in the underlying charge for which the no contact 2 order was imposed. 3 (4) A peace officer may arrest without a warrant and take into custody a 4 person whom the peace officer has probable cause to believe has violated a no 5 contact order issued under this section if the person restrained had notice of 6 the order. 7 (5) For purposes of this section, a substantially conforming foreign 8 criminal violation exists when a person has pled guilty to or been found 9 guilty of a violation of any federal law or law of another state, or any valid 10 county, city or town ordinance of another state, substantially conforming with 11 the provisions of this section. The determination of whether a foreign crimi- 12 nal violation is substantially conforming is a question of law to be deter- 13 mined by the court.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Labrador Seconded by Clark IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 541 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 25, delete "Any person who pleads 3 guilty to or is found"; delete lines 26 through 32 and in line 33, delete 4 "fine and imprisonment."; in line 35, delete "or section 39-6312, Idaho 5 Code,"; and in line 38, delete "fifteen (15)" and insert: "five (5)".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 541, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO CRIMES AND PUNISHMENTS AND VIOLATIONS OF NO CONTACT ORDERS; AMEND- 3 ING SECTION 18-920, IDAHO CODE, TO PROVIDE FOR ENHANCED PENALTIES FOR CER- 4 TAIN VIOLATIONS OF NO CONTACT ORDERS AND TO DEFINE "SUBSTANTIALLY CONFORM- 5 ING FOREIGN CRIMINAL VIOLATION." 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-920, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-920. VIOLATION OF NO CONTACT ORDER. (1) When a person is charged with 10 or convicted of an offense under section 18-901, 18-903, 18-905, 18-907, 11 18-909, 18-911, 18-913, 18-915, 18-918, 18-919, 18-6710, 18-6711, 18-7905, 12 18-7906 or 39-6312, Idaho Code, or any other offense for which a court finds 13 that a no contact order is appropriate, an order forbidding contact with 14 another person may be issued. A no contact order may be imposed by the court 15 or by Idaho criminal rule. 16 (2) A violation of a no contact order is committed when: 17 (a) A person has been charged or convicted under any offense defined in 18 subsection (1) of this section; and 19 (b) A no contact order has been issued, either by a court or by an Idaho 20 criminal rule; and 21 (c) The person charged or convicted has had contact with the stated per- 22 son in violation of an order. 23 (3) A violation of a no contact order is punishable by a fine not exceed- 24 ing one thousand dollars ($1,000) or by imprisonment in the county jail not to 25 exceed one (1) year, or both. Any person who pleads guilty to or is found 26 guilty of a violation of this section who previously has pled guilty to or 27 been found guilty of two (2) violations of this section, or of any substan- 28 tially conforming foreign criminal violation or any combination thereof, not- 29 withstanding the form of the judgment or withheld judgment, within five (5) 30 years of the first conviction, shall be guilty of a felony and shall be pun- 31 ished by imprisonment in the state prison for a term not to exceed five (5) 32 years or by a fine not to exceed five thousand dollars ($5,000), or by both 33 fine and imprisonment. No bond shall be set for this violation until the per- 34 son charged is brought before the court which will set bond. Further, any such 35 violation may result in the increase, revocation or modification of the bond 36 set in the underlying charge for which the no contact order was imposed. 37 (4) A peace officer may arrest without a warrant and take into custody a 38 person whom the peace officer has probable cause to believe has violated a no 39 contact order issued under this section if the person restrained had notice of 40 the order. 41 (5) For purposes of this section, a substantially conforming foreign 42 criminal violation exists when a person has pled guilty to or been found 43 guilty of a violation of any federal law or law of another state, or any valid 2 1 county, city or town ordinance of another state, substantially conforming with 2 the provisions of this section. The determination of whether a foreign crimi- 3 nal violation is substantially conforming is a question of law to be deter- 4 mined by the court.
REPRINT REPRINT REPRINT REPRINT
STATEMENT OF PURPOSE
RS 17842E1
The purpose of this legislation is to create an
enhanced penalty for repeated violations of a valid order of
no contact issued by a court.
The greater penalty for a third violation of a no
contact 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 a felony penalty for a third
violation of a no contact order within five (5) years
resulting in a discretionary period of incarceration of up
to five (5) years and/or up to a $5,000.00 fine.
FISCAL IMPACT
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
Association,
Phone: 287-7700
STATEMENT OF PURPOSE/FISCAL NOTE H 541
REPRINT REPRINT REPRINT REPRINT