2008 Legislation
Print Friendly

HOUSE BILL NO. 541<br /> – No contact order/violation/penalty

HOUSE BILL NO. 541

View Bill Status

View Bill Text

View Amendment

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

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN 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.

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved 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)".

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




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN 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.

Statement of Purpose / Fiscal Impact


     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