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S1362................................................by JUDICIARY AND RULES
ASSAULT AND BATTERY - Amends existing law relating to assault and battery
to remove the requirement that certain victims be engaged in the
performance of duties before a certain punishment shall be imposed; to
provide punishment for violations against the person of specified former or
present officials; to provide for imposing certain punishment for certain
crimes with certain knowledge while certain victims are engaged in the
performance of duties; and to provide punishment for battery upon a law
enforcement officer while the victim is engaged in the performance of
duties.
01/31 Senate intro - 1st rdg - to printing
02/01 Rpt prt - to Jud
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Darrington, Davis, Gannon, 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 -- Corder, Fulcher, Geddes
Floor Sponsors - Richardson & Jorgenson
Title apvd - to House
02/21 House intro - 1st rdg - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
02/29 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 62-0-8
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, 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, Roberts, Ruchti,
Rusche, Sayler, Shepherd(02), Shepherd(08), Shively, Smith(30),
Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Vander Woude, Wills,
Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Black, Block, Raybould, Ringo, Schaefer,
Shirley, Trail
Floor Sponsor - Boe
Title apvd - to Senate
03/11 To enrol
03/12 Rpt enrol - Pres signed - Sp signed
03/13 To Governor
03/17 Governor signed
Session Law Chapter 151
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1362 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO ASSAULT AND BATTERY; AMENDING SECTION 18-915, IDAHO CODE, TO 3 REMOVE THE REQUIREMENT THAT CERTAIN VICTIMS BE ENGAGED IN THE PERFORMANCE 4 OF DUTIES BEFORE A CERTAIN PUNISHMENT SHALL BE IMPOSED, TO PROVIDE CERTAIN 5 PUNISHMENT FOR CERTAIN VIOLATIONS AGAINST THE PERSON OF SPECIFIED FORMER 6 OR PRESENT OFFICIALS, TO PROVIDE CERTAIN PUNISHMENT BECAUSE OF THE EXER- 7 CISE OF CERTAIN OFFICIAL'S OFFICIAL DUTIES, TO PROVIDE FOR IMPOSING CER- 8 TAIN PUNISHMENT FOR CERTAIN CRIMES WITH CERTAIN KNOWLEDGE WHILE CERTAIN 9 VICTIMS ARE ENGAGED IN THE PERFORMANCE OF DUTIES, TO PROVIDE CERTAIN PUN- 10 ISHMENT FOR BATTERY AGAINST THE PERSON OF CERTAIN FORMER OR PRESENT LAW 11 ENFORCEMENT OFFICERS, TO PROVIDE PUNISHMENT FOR BATTERY BECAUSE OF THE 12 EXERCISE OF CERTAIN LAW ENFORCEMENT OFFICERS' OFFICIAL DUTIES, TO PROVIDE 13 PUNISHMENT FOR BATTERY WITH CERTAIN KNOWLEDGE UPON CERTAIN LAW ENFORCEMENT 14 OFFICERS WHILE THE VICTIM IS ENGAGED IN THE PERFORMANCE OF DUTIES AND TO 15 MAKE TECHNICAL CORRECTIONS. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 18-915, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 18-915. ASSAULT OR BATTERY UPON CERTAIN PERSONNEL -- PUNISHMENT. (1) Any 20 person who commits a crime provided for in this chapter against or upon a jus- 21 tice, judge, magistrate, prosecuting attorney, public defender, peace officer, 22 bailiff, marshal, sheriff, police officer, correctional officer, employee of 23 the department of correction, employee of a private prison contractor while 24 employed at a private correctional facility in the state of Idaho, employees 25 of the department of water resources authorized to enforce the provisions of 26 chapter 38, title 42, Idaho Code, jailer, parole officer, officer of the Idaho 27 state police, fireman, social caseworkers or social work specialists of the 28 department of health and welfare, employee of a state secure confinement 29 facility for juveniles, employee of a juvenile detention facility, a teacher 30 at a detention facility or a juvenile probation officer, emergency medical 31 technician certified by the department of health and welfare, emergency medi- 32 cal technician-ambulance certified by the department of health and welfare, 33 advanced emergency medical technician and EMT-paramedic certified by the state 34 board of medicine, a member, employee or agent of the state tax commission, 35 United States marshal, or federally commissioned law enforcement officer or 36 their deputies or agents and the perpetrator knows or has reason to know of 37 the victim's status, the punishment shall be as follows: 38 (a) For committing battery with intent to commit a serious felony the 39 punishment shall be imprisonment in the state prison not to exceed twenty- 40 five (25) years. 41 (b) For committing any other crime in this chapter the punishment shall 42 be doubled that provided in the respective section, except as provided in 43 subsections (c2) and (d3) of this section. 2 1 (c2) For committing a violation of the provisions of section 18-901 or 2 18-903, Idaho Code, against the person of a former or present justice, judge 3 or magistrate, jailer or correctional officer or other staff of the department 4 of correction, or a county jail, or of a private correctional facility, or of 5 an employee of a state secure confinement facility for juveniles, an employee 6 of a juvenile detention facility, a teacher at a detention facility or a juve- 7 nile probation officer:and the person committing the offense knows or reason-8ably should know that such victim is a justice, judge or magistrate, jailer9or correctional officer or other staff of the department of correction, or of10a private correctional facility, an employee of a state secure confinement11facility for juveniles, an employee of a juvenile detention facility, a12teacher at a detention facility or a juvenile probation officer13 (a) Bbecause of the exercise of official duties or because of the 14 victim's former or present official status,andor 15 (b) While the victim is engaged in the performance of his duties and the 16 person committing the offense knows or reasonably should know that such 17 victim is a justice, judge or magistrate, jailer or correctional officer 18 or other staff of the department of correction, or of a private correc- 19 tional facility, an employee of a state secure confinement facility for 20 juveniles, an employee of a juvenile detention facility, a teacher at a 21 detention facility or a juvenile probation officer, 22 the offense shall be a felony punishable by imprisonment in a correctional 23 facility for a period of not more than five (5) years, and said sentence shall 24 be served consecutively to any sentence being currently served. 25 (d3) For committing a violation of the provisions of section 18-903, 26 Idaho Code, except unlawful touching as described in section 18-903(b), Idaho 27 Code, against the person of a former or present peace officer, sheriff or 28 police officer: 29 (a) Bbecause of the exercise of official duty or because of the victim's 30 former or present official status, or 31 (b) While the victim is engaged in the performance of his duties and the 32 person committing the offense knows or reasonably should know that such 33 victim is a peace officer, sheriff or police officer, 34 the offense shall be a felony punishable by imprisonment in a correctional 35 facility for a period of not more than five (5) years, and said sentence shall 36 be served consecutively to any sentence being currently served.
STATEMENT OF PURPOSE
RS 17698C1
The current statute provides enhanced penalties for
individuals who assault or batter certain persons in the course of
their employment such as: justices, judges, prosecutors, police
officers, public defenders, emergency medical technicians and
others. Further, the law specifically provides felony penalties for
a person who commits an assault or battery upon justices, judges,
correctional officers, jailers and other staff of jails, prisons and
confinement facilities for juveniles while in the performance of
their duties. In 2001, this statute was amended in order to
similarly penalize an individual who commits an assault or battery
upon the same officials out of revenge when the victim is not
engaged in the performance of his or her duties due to being off
duty or perhaps retired. In addition, the 2001 amendment created a
felony penalty for committing a battery by willfully and unlawfully
using force or violence upon an officer, or by unlawfully and
intentionally causing bodily harm to police officer, deputy sheriff,
or other peace officer.
The 2001 amendments had the unintended consequence of
requiring the state to prove that the offender committed the assault
or battery not only while the victim was engaged in the performance
of his or her duties but also committed the assault or battery
because of the victim's employment status.
This legislation removes that unintended consequence. With
this clarification the law will protect off-duty or retired judges,
jailers, and correctional staff from assault or battery when the
attack is made as revenge because of the victim's official or former
official status. This bill will also clarify that it is a felony to
attack these people when they are on duty and the offender
reasonably should have known of the victim's status, as was the
original intent of the law. The proposed legislation similarly
clarifies that it is a felony to batter a police officer or deputy
sheriff out of revenge when he/she is off-duty or retired, or in the
alternative to batter a police officer or deputy sheriff when he/she
is engaged in the performance of his/her duties and the suspect
reasonably should have known that the victim is a peace officer.
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 a felony 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 this statute.
CONTACT:
Representative Jim Clark
Phone: 332-1000
Joel Teuber, Fraternal Order of Police
Phone: 703-1485
Paul Jagosh, Fraternal Order of Police
Phone: 850-8328
Heather Reilly, Idaho Prosecuting Attorneys Association
Phone: 287-7700
Mike Kane, Idaho Sheriff's Association
Phone: 850-3779
STATEMENT OF PURPOSE/FISCAL NOTE S 1362
REVISED REVISED REVISED REVISED