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STATEMENT OF PURPOSE
RS26709
In 1992, Idaho Code § 19-5307 was enacted. It created a special fine up to $5,000 for certain enumerated
crimes of violence. This fine is separate from criminal penalties or restitution and is paid to the victim or the
victim's family. If recovered from the defendant, often this fine is used to help pay for counseling, therapy or
other treatments for the lingering emotional and psychological effects of being a victim of a violent crime.
Though this fine works as a civil judgement against the defendant, it does not substitute for any civil action
or remedy that may be available to the victim or the victim's family.
Idaho Code § 18-306 limits fines for attempts of crimes to one-half the maximum fine that can be imposed
for the attempted crime. The Idaho Court of Appeals held that Idaho Code § 18-306 applies to attempts
of crimes listed in Idaho Code § 19-5307, so the maximum fine for an attempt of an enumerate crime of
violence is $2,500. See Crow v. State, 160 Idaho 201, 203 n.2, 370 P.3d 404, 406 n.2 (2016).
This bill adds two violent felonies to the list subject to the fine of up to $5,000: Attempted Strangulation and
Felony Domestic Violence. This bills also allows for fines of up to $5,000 for the attempts of two felonies:
Murder and Rape.
FISCAL NOTE
This legislation has no fiscal impact to the general fund, other state funds, or to any local government budgets.
It has no fiscal impact because the civil judgement is against the defendant, who will be paying an increased
fine of $5,000.
Contact:
Representative Caroline Nilsson Troy
(208) 332-1000
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note H0117


Statutes affected:
Bill Text: 19-5307, 72-1018