Bill Description: House Bill 387 would double the possible incarceration time for a first-offense misdemeanor domestic violence conviction.

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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

House Bill 387 would amend Section 18-918, Idaho Code, related to domestic violence to double the possible incarceration time for a first-offense misdemeanor domestic violence conviction. 

A second offense within 10 years already carries a penalty of up to 1 year of incarceration, and this penalty would not change under this bill. 

The primary problem with this proposal lies in how the criminal justice system has been altered from its original design where defendants face a jury of their peers. Instead, most cases never go before a jury because prosecutors use the threat of seeking the maximum statutory penalty for crimes to bully defendants into pleading guilty without a trial.

Most defendants who plead guilty to a first-offense misdemeanor receive little or no jail time, but the threat of a full year of incarceration gives prosecutors more leverage in a system that is already heavily weighted against defendants.

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