SENATE BILL NO. 1394

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Bill Status



S1394................................................by JUDICIARY AND RULES
INDICTMENT - PROSECUTION - DISMISSED - Amends existing law to revise the
enumeration of cases in which a court must order a prosecution or
indictment to be dismissed.
                                                                        
02/24    Senate intro - 1st rdg - to printing
02/25    Rpt prt - to Jud
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/05    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Darrington, Davis, Geddes, Goedde, Hill, Ingram,
      Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Noh, Pearce, Schroeder, Sorensen, Stegner,
      Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Compton(Duncan), Gannon, Richardson
    Floor Sponsor - Darrington
    Title apvd - to House
03/08    House intro - 1st rdg - to Jud
03/12    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 65-0-5
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Jones,
      Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison, Rydalch,
      Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Stevenson, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Cuddy, Gagner, Roberts, Snodgrass, Mr. Speaker
    Floor Sponsor - Smith(24)
    Title apvd - to Senate
03/17    To enrol
03/18    Rpt enrol - Pres signed - Sp signed
03/19    To Governor
03/24    Governor signed
         Session Law Chapter 305
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1394
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DISMISSAL OF CRIMINAL ACTIONS; AMENDING SECTION 19-3501, IDAHO
  3        CODE, TO REVISE THE ENUMERATION OF CASES IN WHICH A  COURT  MUST  ORDER  A
  4        PROSECUTION OR INDICTMENT TO BE DISMISSED.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 19-3501, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        19-3501.  WHEN ACTION MAY BE DISMISSED. The court, unless  good  cause  to
  9    the  contrary  is  shown,  must order the prosecution or indictment to be dis-
 10    missed, in the following cases:
 11        (1)  When a person has been held to answer for a  public  offense,  if  an
 12    indictment  or  information  is not found against him and filed with the court
 13    within six (6) months from the date of his arrest.
 14        (2)  If a defendant, whose trial has not been postponed upon his  applica-
 15    tion,  is  not  brought  to trial within six (6) months from the date that the
 16    indictment or information is filed with the court.
 17        (3)  If a defendant, whose trial has not been postponed upon his  applica-
 18    tion,  is  not  brought  to trial within six (6) months from the date that the
 19    defendant was arraigned before the court in which the indictment is found.
 20        (4)  If a defendant, charged with a misdemeanor offense, whose  trial  has
 21    not  been  postponed  upon his application, is not brought to trial within six
 22    (6) months from the date that the defendant enters a plea of not  guilty  with
 23    the court.
 24        (45)  If  a defendant, charged with both a felony or multiple felonies and
 25    a misdemeanor or multiple misdemeanors together in the same action or charging
 26    document, whose trial has not been postponed  upon  his  application,  is  not
 27    brought  to  trial  within six (6) months from the date that the indictment or
 28    information is filed with the court.
 29        (6)  If a defendant, charged with both a felony or multiple felonies and a
 30    misdemeanor or multiple misdemeanors together in the same action  or  charging
 31    document,  whose  trial  has  not  been postponed upon his application, is not
 32    brought to trial within six (6) months from the date that  the  defendant  was
 33    arraigned before the court in which the indictment is found.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14164

The purpose of this legislation is to amend I.C.  19-3501 WHEN
AN ACTION MAY BE DISMISSED to change the way the six (6) month
speedy trial requirement begins running for charges brought under
an indictment.  Currently, the six (6) months begins running on
the date the indictment is filed with the court.  This creates a
potential "loophole" that may allow a person who has been
indicted by a grand jury, to avoid prosecution under the
indictment by avoiding arrest for six (6) months after the
indictment is filed.  This amendment would close that loophole by
requiring the defendant to be arraigned before his speedy trial
right begins to run.


                         FISCAL IMPACT

There is no fiscal impact to the general or local fund.


Contact
Name: Heather Reilly 
Idaho Prosecuting Attorneys Association
Phone:287-7772  



STATEMENT OF PURPOSE/FISCAL NOTE                        S 1394