STATEMENT OF PURPOSE
RS27471C1 / H0383
The purpose of this legislation is to expand the ability of the courts to provide a legal means for victims of
sexual assault to petition for a civil protection order. Protection orders are widely used legal interventions to
reduce the risk of future harm by one person considered to be a threat to another. Currently, Idaho Code does not
allow for a protection order to be granted for most people who have been sexually assaulted, unlike people who
have been victims of domestic violence, stalking, or even telephone harassment. This legislation would clear
up existing confusion for these victims and finally provide a means for them to seek legal protection through
the courts.
FISCAL NOTE
It is very difficult to estimate the fiscal impact of this legislation. In general, the existence of a new cause
of action has the effect of increasing revenue derived from fines and/or fees. However, pursuant to Section
39-6305, Idaho Code, all fees are waived. Thus, no new revenue would be generated by expanding the grounds
upon which an order may be granted pursuant to Chapter 63, Title 39, Idaho Code. Expanding the grounds
upon which relief may be granted could have the effect of increasing the caseload of the magistrate division
of the district court. This could increase state obligations for the personnel costs of magistrate judges and
court reporters, depending on whether or not the increase could be absorbed by existing caseloads. It could
also increase local obligations for the direct and indirect cost of arrest and incarceration due to violation of the
protection order. However, these costs cannot be quantified at this time due to a lack of direct access to accurate
and comprehensive data on (a) the costs associated with a particular type of magistrate caseload; and (b) the
number of petitions that will be filed on the basis of sexual assault. Wyoming passed similar legislation 2 years
ago and has found that about 20 orders have been issued in that time. Based on Wyoming's implementation of
their law, it is estimated that the numbers statewide for Idaho could be comparable to Wyoming with estimates
of less than 100 cases per year statewide. Therefore, no additional judicial or county personnel are anticipated.
Contact:
Representative Melissa Wintrow
(208) 332-1000
Senator Abby Lee
(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 Bill SOP/FN INTRODUCED: 01/30/2020, 8:47 AM