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Idaho Bills

1 bill · 2019 Regular Session

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S1117senateSigned

Amends existing law to revise provisions regarding the granting of protection orders and ex parte temporary protection orders.

2016 Senate Bill 1373 provided Idaho's courts with the authority to issue civil protection orders for those victimized by stalking, malicious harassment and telephone harassment. During the 2018 and 2019 legislative sessions, the judiciary informed the Legislature that many non-meritorious civil protection petitions alleging telephone harassment were being filed with the Courts. Although the courts dismiss these petitions, doing so consumes significant judicial time and resources. This legislation amends Idaho Code Sections 18-7907 and 18-7908 to more prominently state the criteria warranting the issuance of a protection order, and to expressly authorize judges, without a hearing, to dismiss those petitions that fail to state facts sufficient to warrant a protection order. This legislation also contains clarifying language, updates a reference to the "Idaho law enforcement telecommunications system" to the "public safety and security information system," makes other technical changes and removes references to "irreparable injury."

Enacted

651