HOUSE BILL NO. 169

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Daily Data Tracking History



H0169aa,aaS..........................by JUDICIARY, RULES AND ADMINISTRATION
RAPE - Amends existing law to revise the definition of rape.
                                                                        
02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to Jud
02/18    Rpt out - to Gen Ord
02/19    Rpt out amen - to engros
02/20    Rpt engros - 1st rdg - to 2nd rdg as amen
02/21    2nd rdg - to 3rd rdg as amen
02/24    3rd rdg as amen - PASSED - 61-3-6
      AYES -- Andersen, Barraclough, Bauer, Bell, Bieter, Black, Block,
      Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy, Deal,
      Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake,
      Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
      Mitchell, Moyle, Naccarato, Nielsen, Ridinger, Ring, Ringo, Robison,
      Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr.
      Speaker
      NAYS -- Barrett, Clark, Smith(24)
      Absent and excused -- Bedke, Gagner, Kellogg, Raybould, Roberts, Wood
    Floor Sponsor - Trail
    Title apvd - to Senate
02/25    Senate intro - 1st rdg - to Jud
03/20    Rpt out - to 14th Ord
03/26    Rpt out amen - to 1st rdg as amen
03/27    1st rdg - to 2nd rdg as amen
03/28    2nd rdg - to 3rd rdg as amen
03/31    3rd rdg as amen - PASSED - 28-6-1
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
      Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Little, Lodge, McKenzie, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Sweet, Werk, Williams
      NAYS -- Burkett(Roberts), Kennedy, Keough, Malepeai, Marley, Stennett
      Absent and excused -- McWilliams
    Floor Sponsor - Bunderson
    Title apvd - to House
04/01    House concurred in Senate amens - to engros
04/02    Rpt engros - 1st rdg - to 2nd rdg as amen
04/03    2nd rdg - to 3rd rdg as amen
04/04    3rd rdg as amen - PASSED - 67-0-3
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Kulczyk, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
      Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Tilman, Trail(Young), Wills, Wood, Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Clark, Eberle, Lake
    Floor Sponsor - Young
    Title apvd - to enrol
04/07    Rpt enrol - Sp signed - Pres signed
04/08    To Governor
04/14    Governor signed
         Session Law Chapter 280
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 169
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RAPE; AMENDING SECTION 18-6101, IDAHO CODE, TO REVISE THE  DEFINI-
  3        TION  OF  RAPE;  AND  AMENDING  SECTIONS 18-6107, 19-401 AND 19-402, IDAHO
  4        CODE, TO PROVIDE CORRECT CODE CITATIONS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 18-6101, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        18-6101.  RAPE  DEFINED.  Rape  is  defined  as  the  penetration, however
  9    slight, of the oral, anal or vaginal  opening  with  the  perpetrator's  penis
 10    accomplished  with  a female under either any one (1) of the following circum-
 11    stances:
 12        1.  Where the female is under the age of eighteen (18) years.
 13        2.  Where she is incapable, through any unsoundness of mind,  due  to  any
 14    cause  including,  but  not  limited  to, mental illness, mental deficiency or
 15    developmental disability, whether temporary or permanent, of giving legal con-
 16    sent.
 17        3.  Where she resists but her resistance is overcome by force or violence.
 18        4.  Where she is physically helpless, and the accused knows or  reasonably
 19    should know that the victim is physically helpless and that the victim has not
 20    consented.
 21        5.  Where  she  is  prevented  from resistance by threats of immediate and
 22    great the infliction, attempted infliction, or threatened infliction of bodily
 23    harm, accompanied by apparent power of execution; or by is  unable  to  resist
 24    due  to  any intoxicating, narcotic, or anaesthetic substance. administered by
 25    or with the privity of the accused.
 26        56.  Where she is at the time unconscious of the nature of  the  act,  and
 27    this  is  known  to  the accused. As used in this section, "unconscious of the
 28    nature of the act" means incapable of resisting because the victim  meets  one
 29    (1) of the following conditions:
 30        (a)  Was unconscious or asleep;
 31        (b)  Was  not  aware,  knowing,  perceiving,  or  cognizant  that  the act
 32        occurred;
 33        (c)  Was not aware, knowing, perceiving, or  cognizant  of  the  essential
 34        characteristics of the act due to artifice, pretense or concealment by the
 35        accused.
 36        67.  Where she submits under the belief that the person committing the act
 37    is her husband, and the belief is induced by artifice, pretense or concealment
 38    practiced by the accused, with intent to induce such belief.
 39        78.  Where  she  submits under the belief, instilled by the actor, that if
 40    she does not submit, the actor will cause physical harm to some person in  the
 41    future; or cause damage to property; or engage in other conduct constituting a
 42    crime;  or accuse any person of a crime or cause criminal charges to be insti-
 43    tuted against her; or expose a secret or publicize an asserted  fact,  whether
                                                                        
                                           2
                                                                        
  1    true or false, tending to subject any person to hatred, contempt or ridicule.
  2        9.  Actual,  intentional  and unlawful penetration against the will of the
  3    female.
                                                                        
  4        SECTION 2.  That Section 18-6107, Idaho Code, be, and the same  is  hereby
  5    amended to read as follows:
                                                                        
  6        18-6107.  RAPE OF SPOUSE. No person shall be convicted of rape for any act
  7    or  acts  with  that  person's spouse, except under the circumstances cited in
  8    paragraphs 3. and 45. of section 18-6101, Idaho Code.
                                                                        
  9        SECTION 3.  That Section 19-401, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:
                                                                        
 11        19-401.  PROSECUTIONS FOR MURDER, VOLUNTARY MANSLAUGHTER OR RAPE. There is
 12    no  limitation  of  time within which a prosecution for murder, voluntary man-
 13    slaughter, or rape pursuant to section 18-6101 2., 3., 4., or  5.  or  6.,  or
 14    section  18-6108,  Idaho Code, must be commenced. They may be commenced at any
 15    time after the death or rape of the person killed or raped.
                                                                        
 16        SECTION 4.  That Section 19-402, Idaho Code, be, and the  same  is  hereby
 17    amended to read as follows:
                                                                        
 18        19-402.  COMMENCEMENT  OF  PROSECUTIONS  FOR  CRIMES  AGAINST CHILDREN AND
 19    OTHER FELONIES. (1) A prosecution for any felony other than murder,  voluntary
 20    manslaughter,  rape  pursuant  to  section 18-6101 2., 3., 4., or 5. or 6., or
 21    section 18-6108, Idaho Code, or any felony committed upon or against  a  minor
 22    child,  or  an  act  of  terrorism  as set forth in sections 18-8102, 18-8103,
 23    18-3322, 18-3323 and 18-3324, Idaho Code, must be commenced by the  filing  of
 24    the  complaint or the finding of an indictment within five (5) years after its
 25    commission. Except as provided in subsection (2) of this section,  a  prosecu-
 26    tion  for any felony committed upon or against a minor child must be commenced
 27    within five (5) years after the commission of the offense by the filing of the
 28    complaint or a finding of an indictment.
 29        (2)  A prosecution under section 18-1506 or 18-1508, Idaho Code,  must  be
 30    commenced within five (5) years after the date the child reaches eighteen (18)
 31    years of age.
 32        (3)  A  prosecution  under section 18-1506A, Idaho Code, must be commenced
 33    within three (3) years after the date of initial disclosure by the victim.
 34        (4)  Notwithstanding any other provision of  law,  an  indictment  may  be
 35    found,  or  an  information  instituted,  at any time without limitation for a
 36    prosecution under section 18-8103, 18-3322, 18-3323 or 18-3324, Idaho Code.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Sali                
                                                                        
                                                     Seconded by Field (18)          
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 169
                                                                        
                                                                        
  1                                AMENDMENT TO SECTION 3
  2        On page 2 of the printed bill, in line 13, delete "or 6." and  insert:  ",
  3    6., 8. or 9.".
                                                                        
  4                                AMENDMENT TO SECTION 4
  5        On page 2, in line 20, delete "or 6." and insert: ", 6., 8. or 9.".
                                                                        
  6                                 CORRECTIONS TO TITLE
  7        On  page 1, in line 3, delete "AND", also in line 3, delete "SECTIONS" and
  8    insert: "SECTION", and also in line 3, delete "19-401 AND 19-402,"; in line 4,
  9    following "PROVIDE" insert: "A", and also in line 4, delete  "CITATIONS."  and
 10    insert:  "CITATION;  AMENDING SECTION 19-401, IDAHO CODE, TO REVISE DESIGNATED
 11    PROSECUTIONS NOT SUBJECT TO A STATUTE OF  LIMITATIONS;  AND  AMENDING  SECTION
 12    19-402, IDAHO CODE, TO REVISE DESIGNATED PROSECUTIONS NOT SUBJECT TO A STATUTE
 13    OF LIMITATIONS.".
                                                     Moved by    Bunderson           
                                                                        
                                                     Seconded by Burkett             
                                                                        
                                                                        
                                       IN THE SENATE
                       SENATE AMENDMENTS TO H.B. NO. 169, As Amended
                                                                        
                                                                        
 14                               AMENDMENTS TO SECTION 1
 15        On  page  1 of the engrossed bill, in line 21, delete "Where she is physi-
 16    cally helpless, and the accused knows or reasonably"; delete lines 22 and  23;
 17    in  line  24,  delete "5."; in line 29, delete "56." and insert: "5."; in line
 18    35, delete ";" and insert:  "."; delete lines  36  through  38;  in  line  39,
 19    delete "67." and insert: "6."; in line 42, delete "78."  and insert: "7."; and
 20    on page 2, delete lines 5 and 6.
                                                                        
 21                               AMENDMENTS TO SECTION 3
 22        On  page  2,  in line 16, delete ", 6., 8. or" and insert: "or 7."; and in
 23    line 17, delete "9.".
                                                                        
 24                               AMENDMENTS TO SECTION 4
 25        On page 2, in line 23, delete ", 6., 8. or" and insert: "or  7.";  and  in
 26    line 24, delete "9.".
                                                                        
 27                                AMENDMENTS TO THE BILL
 28        On  page  2, delete lines 7 through 11; in line 12, delete "SECTION 3" and
 29    insert: "SECTION 2"; and in line 19, delete "SECTION 4" and  insert:  "SECTION
                                 |||
                                                                        
                                          2
                                                                        
  1    3".
                                                                        
  2                                 CORRECTIONS TO TITLE
  3        On  page  1,  in  line 3, delete "AMENDING SECTION 18-6107, IDAHO CODE, TO
  4    PROVIDE A CORRECT"; and in line 4, delete "CODE CITATION;".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                  HOUSE BILL NO. 169, As Amended, As Amended in the Senate
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RAPE; AMENDING SECTION 18-6101, IDAHO CODE, TO REVISE THE  DEFINI-
  3        TION  OF  RAPE;  AMENDING SECTION 19-401, IDAHO CODE, TO REVISE DESIGNATED
  4        PROSECUTIONS NOT SUBJECT TO A STATUTE OF LIMITATIONS; AND AMENDING SECTION
  5        19-402, IDAHO CODE, TO REVISE DESIGNATED PROSECUTIONS  NOT  SUBJECT  TO  A
  6        STATUTE OF LIMITATIONS.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section 18-6101, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        18-6101.  RAPE DEFINED.  Rape  is  defined  as  the  penetration,  however
 11    slight,  of  the  oral,  anal  or vaginal opening with the perpetrator's penis
 12    accomplished with a female under either any one (1) of the  following  circum-
 13    stances:
 14        1.  Where the female is under the age of eighteen (18) years.
 15        2.  Where  she  is  incapable, through any unsoundness of mind, due to any
 16    cause including, but not limited to,  mental  illness,  mental  deficiency  or
 17    developmental disability, whether temporary or permanent, of giving legal con-
 18    sent.
 19        3.  Where she resists but her resistance is overcome by force or violence.
 20        4.  Where  she  is  prevented  from resistance by threats of immediate and
 21    great the infliction, attempted infliction, or threatened infliction of bodily
 22    harm, accompanied by apparent power of execution; or by is  unable  to  resist
 23    due  to  any intoxicating, narcotic, or anaesthetic substance. administered by
 24    or with the privity of the accused.
 25        5.  Where she is at the time unconscious of the nature  of  the  act,  and
 26    this  is  known  to  the accused. As used in this section, "unconscious of the
 27    nature of the act" means incapable of resisting because the victim  meets  one
 28    (1) of the following conditions:
 29        (a)  Was unconscious or asleep;
 30        (b)  Was  not  aware,  knowing,  perceiving,  or  cognizant  that  the act
 31        occurred.
 32        6.  Where she submits under the belief that the person committing the  act
 33    is her husband, and the belief is induced by artifice, pretense or concealment
 34    practiced by the accused, with intent to induce such belief.
 35        7.  Where  she  submits  under the belief, instilled by the actor, that if
 36    she does not submit, the actor will cause physical harm to some person in  the
 37    future; or cause damage to property; or engage in other conduct constituting a
 38    crime;  or accuse any person of a crime or cause criminal charges to be insti-
 39    tuted against her; or expose a secret or publicize an asserted  fact,  whether
 40    true or false, tending to subject any person to hatred, contempt or ridicule.
                                                                        
 41        SECTION  2.  That  Section  19-401, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
                                           2
                                                                        
  1        19-401.  PROSECUTIONS FOR MURDER, VOLUNTARY MANSLAUGHTER OR RAPE. There is
  2    no limitation of time within which a prosecution for  murder,  voluntary  man-
  3    slaughter,  or  rape  pursuant  to section 18-6101 2., 3., 4., or 5. or 7., or
  4    section 18-6108, Idaho Code, must be commenced. They may be commenced  at  any
  5    time after the death or rape of the person killed or raped.
                                                                        
  6        SECTION  3.  That  Section  19-402, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        19-402.  COMMENCEMENT OF PROSECUTIONS  FOR  CRIMES  AGAINST  CHILDREN  AND
  9    OTHER  FELONIES. (1) A prosecution for any felony other than murder, voluntary
 10    manslaughter, rape pursuant to section 18-6101 2., 3., 4., or  5.  or  7.,  or
 11    section  18-6108,  Idaho Code, or any felony committed upon or against a minor
 12    child, or an act of terrorism as  set  forth  in  sections  18-8102,  18-8103,
 13    18-3322,  18-3323  and 18-3324, Idaho Code, must be commenced by the filing of
 14    the complaint or the finding of an indictment within five (5) years after  its
 15    commission.  Except  as provided in subsection (2) of this section, a prosecu-
 16    tion for any felony committed upon or against a minor child must be  commenced
 17    within five (5) years after the commission of the offense by the filing of the
 18    complaint or a finding of an indictment.
 19        (2)  A  prosecution  under section 18-1506 or 18-1508, Idaho Code, must be
 20    commenced within five (5) years after the date the child reaches eighteen (18)
 21    years of age.
 22        (3)  A prosecution under section 18-1506A, Idaho Code, must  be  commenced
 23    within three (3) years after the date of initial disclosure by the victim.
 24        (4)  Notwithstanding  any  other  provision  of  law, an indictment may be
 25    found, or an information instituted, at any  time  without  limitation  for  a
 26    prosecution under section 18-8103, 18-3322, 18-3323 or 18-3324, Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 12666
We are seeking to amend Idaho Code 18-6101 regarding rape by
clarifying the act of rape, particularly in instances where the
act is perpetrated on females who are limited in their ability to
make reasonable consent.  Law enforcement and prosecution
officers have found it difficult to build effective prosecution
cases under the existing code, consequently many incidents are
not prosecuted.  It is believed that these proposed changes will
improve the ability to prosecute as well as increase the level of
deterence to individuals to commit rape on women whose will to
resist may be impaired.                                           
                           FISCAL IMPACT                          
There will be minimal impact on the State General Fund.
Contact:
Name:     Tom Trail
Phone:    208-332-1202

Name:     Gary Young
Phone:    208-882-7473

Name:     Bill Thompson
Phone:    208-883-2246

Name:     Valerie Russo
Phone:    208-885-6034

Name:     Don Lazzarini
Phone:    208-885-2956                                            
                                                                 
STATEMENT OF PURPOSE/FISCAL NOTE                     H 16