By Jared S. Hopkins
Times-News writer
BOISE - People who a violate no-contact orders multiple times within five years could be charged with a felony under terms of a bill approved Monday by the House Judiciary, Rules and Administration Committee.
Under the legislation, multiple violations of a no-contact order within five years could result in a felony conviction and face a maximum of up to five years in prison and a $5,000 fine.
No-contact orders are issued by judges for a number of crimes, including battery, stalking or any other violent activity defined by the court. Generally, they prohibit contact in-person, by telephone calls or mail, said Heather Reilly of the Idaho Prosecuting Attorneys Association.
Nor are people covered by such an order allowed to ask someone else to approach a protected person on their behalf, she said.
"It's not uncommon for a batterer to systematically and repeatedly maintain and administer control over a victim," she said. She said the legislation is aimed at deterring repeat offenders.
State law now makes violation of a no-contact order a misdemeanor punishable by a maximum of one year in jail and $1,000 fine. The committee eliminated a provision in the proposed legislation that would have doubled the maximum jail time and fine for a second violation.
The legislation was opposed by two women who have been issued no-contact orders.
Diane Gale Anderson, of Boise, who said an order obtained by her ex-husband has caused her to miss events with her children, said that the system is already broken and the changes could make her life even more difficult.
"It's a nightmare. It's unjust. It's applied arbitrarily by law enforcement agencies and prosecutors," she said.
The committee voted to kill a similar measure for protection orders after some lawmakers said they believed such orders result from false claims. Protection orders are issued if a judge rules people are in danger.
Committee Vice Chairman Rep.
Leon Smith, R-Twin Falls, an attorney, said he agreed that protection orders are given out more arbitrarily, but that the penalty for no-contact order violations needed to be stiffened.
Jared S. Hopkins may be reached at 420-8371 or
jhopkins@magicvalley.com