SENATE BILL NO. 1246

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Bill Status



S1246................................................by JUDICIARY AND RULES
JURIES - Amends existing law to provide that the jury may not be permitted
to separate after submission of the cause and completion of the special
sentencing proceeding where the defendant has been charged with first
degree murder and the prosecuting attorney has filed, and not withdrawn, a
notice to seek the death penalty.

01/10    Senate intro - 1st rdg - to printing
01/11    Rpt prt - to Jud
01/24    Rpt out - rec d/p - to 2nd rdg
01/25    2nd rdg - to 3rd rdg
01/28    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Gannon, Goedde, Hammond
    Floor Sponsor - Richardson
    Title apvd - to House
01/29    House intro - 1st rdg - to Jud
02/06    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/13    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(35)
      NAYS -- None
      Absent and excused -- Henbest, Wood(27), Mr. Speaker
    Floor Sponsor - Nielsen
    Title apvd - to Senate
02/14    To enrol
02/15    Rpt enrol - Pres signed
02/18    Sp signed
02/19    To Governor
02/21    Governor signed
         Session Law Chapter 22
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1246

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT
  2    RELATING TO CUSTODY OF THE JURY DURING TRIAL; AMENDING SECTION 19-2126,  IDAHO
  3        CODE, TO PROVIDE THAT THE JURY MAY NOT BE PERMITTED TO SEPARATE AFTER SUB-
  4        MISSION  OF  THE CAUSE AND COMPLETION OF THE SPECIAL SENTENCING PROCEEDING
  5        WHERE THE DEFENDANT HAS BEEN CHARGED  WITH  FIRST-DEGREE  MURDER  AND  THE
  6        PROSECUTING  ATTORNEY  HAS  FILED, AND NOT WITHDRAWN, A NOTICE TO SEEK THE
  7        DEATH PENALTY.

  8    Be It Enacted by the Legislature of the State of Idaho:

  9        SECTION 1.  That Section 19-2126, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:

 11        19-2126.  CUSTODY  OF  JURY DURING TRIAL. The jury sworn to try any felony
 12    may, at any time during the trial, and after the submission of the  cause,  in
 13    the  discretion  of  the  court, be permitted to separate, or they may be kept
 14    together, in the charge of a proper officer. Provided however, that in  causes
 15    where  the defendant has been charged with first-degree murder, and the prose-
 16    cuting attorney has filed a notice of intent to seek the death penalty  pursu-
 17    ant to section 18-4004A, Idaho Code, and such notice has not  been  withdrawn,
 18    the  jury  may  not be permitted to separate after submission of the cause and
 19    completion of the special  sentencing  proceeding  held  pursuant  to  section
 20    19-2515  or 19-2515A, Idaho Code. Before permitting the jury to separate after
 21    the cause has been submitted, the court shall permit counsel to  place  objec-
 22    tions,  if  any,  on  the record outside the presence of the jury. In case the
 23    court orders the jury to be kept together the county must provide  a  suitable
 24    place for the board and lodging of the jury, at the expense of the county, and
 25    when  first  given custody of the jury the officer or bailiff must be sworn to
 26    keep the jury together during each recess and adjournment during the trial; to
 27    allow no person to speak to or communicate with them, or any of them,  nor  to
 28    do  so  himself,  on  any subject connected with the trial, and to return them
 29    into court as ordered by the court.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17448

     This bill is one of a series of bills that the Supreme Court
has recommended in its annual report to the Governor concerning
defects or omissions in the laws, as required under article V,
section 25 of the Idaho Constitution.  Idaho Code  19-2126
requires a judge to sequester the jury during its deliberations
in a murder trial until the completion of the special sentencing
proceeding in which the jury determines whether the death penalty
should be imposed.  This has left judges uncertain of how to
proceed in those cases in which there is to be no special
sentencing proceeding because the state is not seeking the death
penalty.  This bill would remove this uncertainty by providing
that a judge is not required to sequester the jury in first-
degree murder cases when the state has not filed a notice of
intent to seek the death penalty or has withdrawn such notice. 



                           FISCAL NOTE

     This bill would have no impact on the general Fund.



Contact
Name:   Patricia Tobias, Administrative Director of the Courts 
Phone:  334-2246



STATEMENT OF PURPOSE/FISCAL NOTE                        S 1246