SENATE BILL NO. 1422

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Bill Status



S1422aa..............................................by JUDICIARY AND RULES
DEATH PENALTY - Amends existing law to provide that the prosecuting
attorney file notice to seek the death penalty within sixty days after
entry of a defendant's plea; and to provide for extension of time for
filing of notice.

02/11    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Jud
02/19    Rpt out - to 14th Ord
02/21    Rpt out amen - to engros
02/22    Rpt engros - 1st rdg - to 2nd rdg as amen
02/25    2nd rdg - to 3rd rdg as amen
02/26    3rd rdg as amen - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Jorgenson
    Floor Sponsor - Darrington
    Title apvd - to House
02/27    House intro - 1st rdg - to Jud
03/14    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 68-0-2
      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, Henbest, Henderson, Jaquet, Killen, King, Kren, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
      Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
      Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Labrador, Roberts
    Floor Sponsor - LeFavour
    Title apvd - to Senate
03/20    To enrol - Rpt enrol - Pres signed
03/21    Sp signed
03/24    To Governor
03/28    Governor signed
         Session Law Chapter 300
         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. 1422

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT
  2    RELATING TO CRIMES AND PUNISHMENTS; AMENDING SECTION 18-4004A, IDAHO CODE,  TO
  3        PROVIDE  THAT  THE PROSECUTING ATTORNEY FILE NOTICE TO SEEK THE DEATH PEN-
  4        ALTY WITHIN NINETY DAYS AFTER ENTRY OF A DEFENDANT'S PLEA AND  TO  PROVIDE
  5        FOR EXTENSION OF TIME FOR FILING OF NOTICE.

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

  7        SECTION  1.  That Section 18-4004A, Idaho Code, be, and the same is hereby
  8    amended to read as follows:

  9        18-4004A.  NOTICE OF INTENT TO SEEK DEATH PENALTY. (1) A sentence of death
 10    shall not be imposed unless the prosecuting attorney filed written  notice  of
 11    intent to seek the death penalty with the court and served the notice upon the
 12    defendant  or  his  attorney  of record no later than thirty ninety (390) days
 13    after entry of a plea.  Any notice of intent to seek the death  penalty  shall
 14    include  a  listing  of the statutory aggravating circumstances that the state
 15    will rely on in seeking the death penalty. The state may amend its notice upon
 16    a showing of good cause at any time prior to trial. A notice of intent to seek
 17    the death penalty may be withdrawn at any time prior to the imposition of sen-
 18    tence. However, the state and the defendant or  his  attorney  of  record  may
 19    stipulate  to  extend  the time for the filing of the notice of intent to seek
 20    the death penalty for a reasonable period of time with notice to the court  of
 21    the stipulation.
 22        (2)  In  the event that the prosecuting attorney does not file a notice of
 23    intent to seek the death penalty or otherwise puts the court  on  notice  that
 24    the  state  does  not intend to seek the death penalty, the court shall inform
 25    potential jurors at the outset of jury selection that the death penalty is not
 26    a sentencing option for the court or the jury.


 

Amendment




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

                                                                       

                                                     Moved by     Davis

                                                     Seconded by   Hill


                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1422


  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in  line  12,  delete  "ninety  (390)"  and
  3    insert:  "sixty (360)"; in line 18, following "However," insert: "upon a show-
  4    ing of good cause, and a stipulation by"; and also in line 18, delete "or" and
  5    insert: "and"; and also in line 18, following "record" insert: "the court"; in
  6    line 19, delete "stipulate to"; in line 20, delete "with notice to  the  court
  7    of"; and in line 21, delete "the stipulation".

  8                                 CORRECTION TO TITLE
  9        On page 1, in line 4, delete "NINETY" and insert: "SIXTY".

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




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

                                                                       

                                       IN THE SENATE

                              SENATE BILL NO. 1422, As Amended

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT
  2    RELATING TO CRIMES AND PUNISHMENTS; AMENDING SECTION 18-4004A, IDAHO CODE,  TO
  3        PROVIDE  THAT  THE PROSECUTING ATTORNEY FILE NOTICE TO SEEK THE DEATH PEN-
  4        ALTY WITHIN SIXTY DAYS AFTER ENTRY OF A DEFENDANT'S PLEA  AND  TO  PROVIDE
  5        FOR EXTENSION OF TIME FOR FILING OF NOTICE.

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

  7        SECTION  1.  That Section 18-4004A, Idaho Code, be, and the same is hereby
  8    amended to read as follows:

  9        18-4004A.  NOTICE OF INTENT TO SEEK DEATH PENALTY. (1) A sentence of death
 10    shall not be imposed unless the prosecuting attorney filed written  notice  of
 11    intent to seek the death penalty with the court and served the notice upon the
 12    defendant  or  his  attorney  of  record no later than thirty sixty (360) days
 13    after entry of a plea. Any notice of intent to seek the  death  penalty  shall
 14    include  a  listing  of the statutory aggravating circumstances that the state
 15    will rely on in seeking the death penalty. The state may amend its notice upon
 16    a showing of good cause at any time prior to trial. A notice of intent to seek
 17    the death penalty may be withdrawn at any time prior to the imposition of sen-
 18    tence. However, upon a showing of good cause, and a stipulation by  the  state
 19    and the defendant and his attorney of record the court may extend the time for
 20    the  filing of the notice of intent to seek the death penalty for a reasonable
 21    period of time.
 22        (2)  In the event that the prosecuting attorney does not file a notice  of
 23    intent  to  seek  the death penalty or otherwise puts the court on notice that
 24    the state does not intend to seek the death penalty, the  court  shall  inform
 25    potential jurors at the outset of jury selection that the death penalty is not
 26    a sentencing option for the court or the jury.

Statement of Purpose / Fiscal Impact



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                       STATEMENT OF PURPOSE

                             RS 17837

     The purpose of this legislation is to extend the current time
limitation for filing notice of intent to seek the death penalty in
capital cases.
     This proposal extends that time limitation from thirty (30)
days to sixty (60) days.  In addition, the proposal would in the
alternative allow the state and defense to stipulate or agree to a
different time limitation as deemed reasonable by the court.
     The basis for this extension is to allow both the state and
the defense additional time in order to conduct investigations into
aggravating and mitigating circumstances.  The purpose of these
investigations is to ascertain whether or not aggravating
circumstances can be proven beyond a reasonable doubt, and further
that the aggravating circumstances are not outweighed by mitigating
circumstances.


                           FISCAL NOTE

There is no fiscal impact to the state's general fund.





Contact
Name: Heather Reilly 
      Idaho Prosecuting Attorneys Association  
Phone: 208-287-7700




STATEMENT OF PURPOSE/FISCAL NOTE            S 1422, as amended   


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