TITLE 39

HEALTH AND SAFETY

CHAPTER 63

DOMESTIC VIOLENCE CRIME PREVENTION

39-6316.  Law enforcement officers — Training, powers, duties. (1) All training provided by the peace officers standards and training academy relating to the handling of domestic violence or sexual assault complaints by law enforcement officers shall stress enforcement of criminal laws in domestic situations and sexual assault situations, availability of community resources, and protection of the victim. Law enforcement agencies and community organizations with expertise in the issue of domestic violence and sexual assault shall cooperate in all aspects of such training.

(2)  When a peace officer responds to a domestic violence or sexual assault call, the officer shall give a written statement to the victim that alerts the victim to the availability of a shelter or other resources in the community and a written notice provided by the Idaho state police substantially stating the following:

     IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT, you can ask the city or county prosecuting attorney to file a criminal complaint. You also have the right to file a petition in magistrate court requesting an order for protection from domestic abuse which could include any of the following: (a) an order restraining your abuser from further acts of abuse; (b) an order directing your abuser to leave your household; (c) an order preventing your abuser from entering your residence, school, business, or place of employment; (d) an order awarding you or the other parent custody of or visitation with your minor child or children; and (e) an order restraining your abuser from molesting or interfering with minor children in your custody. The forms you need to obtain a protection order are available from the clerk of the district court. The resources available in this community for information relating to domestic violence or sexual assault, treatment of injuries and places of safety and shelters are: (For safety reasons, inclusion of shelter/safe house addresses is not necessary). You also have the right to sue for losses suffered as a result of the abuse, including medical and moving expenses, loss of earnings or support, and other out-of-pocket expenses for injuries sustained and damage to your property. This can be done without an attorney in small claims court if the total amount claimed is less than five thousand dollars ($5,000).

(3)  The peace officer shall make every effort to arrange, offer, or facilitate transportation for the victim to a hospital for treatment of injuries or to a place of safety or shelter.

(4)  The law enforcement agency shall forward the offense report to the appropriate prosecutor within ten (10) days of making such report if there is probable cause to believe that an offense has been committed, unless the case is under active investigation.

History:

[39-6316, added 1988, ch. 341, sec. 1, p. 1018; am. 1990, ch. 234, sec. 4, p. 670; am. 1992, ch. 74, sec. 4, p. 212; am. 2000, ch. 250, sec. 12, p. 708; am. 2000, ch. 469, sec. 100, p. 1553; am. 2006, ch. 263, sec. 5, p. 817; am. 2022, ch. 65, sec. 1, p. 200.]