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ID S1254

Bill

Status

Introduced

1/24/2012

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • Repeals sections 16-1605, 16-1606, and 16-1607 of Idaho Code and replaces them with new sections 18-1524, 18-1524A, and 18-1524B in Title 18, Chapter 15.

  • Requires physicians, nurses, teachers, social workers, and other designated persons to report suspected child abuse, abandonment, or neglect to law enforcement or the department within 24 hours; exempts duly ordained ministers of religion from reporting confessions or confidential communications made under strict ecclesiastical confidentiality.

  • Establishes criminal penalties for failure to report: misdemeanor if unreported act is a misdemeanor; felony punishable by up to $5,000 fine and/or 5 years imprisonment if unreported act is a felony.

  • Provides immunity from civil and criminal liability for good faith reports of abuse, abandonment, or neglect; allows recovery of actual damages (minimum $2,500) or treble damages plus attorney's fees for reports made in bad faith or with malice.

  • Eliminates statute of limitations for prosecution of failure to report rape or sexual abuse of children as required by section 18-1524; extends misdemeanor reporting violations statute of limitations from one year to four years.

Legislative Description

Amends and repeals existing law relating to injury to children to provide for the reporting of abuse, abandonment or neglect, to provide exemptions and to provide penalties; to provide immunity; to provide civil damages for making certain reports in bad faith; and to provide that there is no limitation of time within which a prosecution must be commenced for the failure to report certain offenses.

INJURY TO CHILDREN

Last Action

to Jud

1/25/2012

Committee Referrals

Judiciary and Rules1/25/2012

Full Bill Text

No bill text available