2006 Legislation
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SENATE BILL NO. 1297 – Criminal judgment, enhanced penalty

SENATE BILL NO. 1297

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Bill Status



S1297................................................by JUDICIARY AND RULES
CRIMINAL JUDGMENTS - Amends existing law relating to criminal judgments to
remove language requiring a notice of intent to seek enhanced penalties in
certain cases.
                                                                        
01/23    Senate intro - 1st rdg - to printing
01/24    Rpt prt - to Jud
01/31    Rpt out - rec d/p - to 2nd rdg
02/01    2nd rdg - to 3rd rdg
02/02    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Kelly
    Title apvd - to House
02/03    House intro - 1st rdg - to Jud
03/10    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 47-19-4
      AYES -- Anderson, Andrus, Bastian, Bayer, Bilbao, Black, Block, Boe,
      Bradford, Cannon, Chadderdon, Deal, Denney, Edmunson, Eskridge,
      Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Kemp,
      LeFavour, Loertscher, Martinez, Miller, Mitchell, Nielsen,
      Pasley-Stuart, Pence, Ring, Ringo, Rusche, Rydalch, Sali, Sayler,
      Schaefer, Shepherd(2), Shirley, Skippen, Smith(30), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Barraclough, Barrett, Bedke, Bell, Brackett, Clark, Collins,
      Crow, Ellsworth, Henderson, Mathews, McKague, Moyle, Nonini,
      Raybould, Roberts, Shepherd(8), Smith(24), Wood
      Absent and excused -- Bolz, Hart, Lake, McGeachin
    Floor Sponsor - LeFavour
    Title apvd - to Senate
03/23    To enrol
03/24    Rpt enrol - Pres signed - Sp signed
03/27    To Governor
03/30    Governor signed
         Session Law Chapter 249
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1297
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CRIMINAL JUDGMENTS;  AMENDING  SECTION  19-2520,  IDAHO  CODE,  TO
  3        REMOVE LANGUAGE REQUIRING A NOTICE OF INTENT TO SEEK ENHANCED PENALTIES IN
  4        CERTAIN CASES AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 19-2520, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        19-2520.  EXTENDED SENTENCE FOR USE OF FIREARM OR DEADLY WEAPON. Any  per-
  9    son  convicted of a violation of sections 18-905 (aggravated assault defined),
 10    18-907 (aggravated battery defined), 18-909 (assault with intent to  commit  a
 11    serious  felony defined), 18-911 (battery with intent to commit a serious fel-
 12    ony defined), 18-1401 (burglary defined), 18-1508(3), 18-1508(4),  18-1508(5),
 13    18-1508(6) (lewd conduct with minor or child under sixteen), 18-2501 (rescuing
 14    prisoners),  18-2505  (escape  by  one charged with or convicted of a felony),
 15    18-2506 (escape by one charged with or convicted of  a  misdemeanor),  18-4003
 16    (degrees  of  murder), 18-4006 (manslaughter), 18-4015 (assault with intent to
 17    murder), 18-4501 (kidnapping defined), 18-5001 (mayhem defined), 18-6101 (rape
 18    defined), 18-6501 (robbery defined), 37-2732(a) (delivery, manufacture or pos-
 19    session of  a  controlled  substance  with  intent  to  deliver)  or  37-2732B
 20    (trafficking),  Idaho  Code,  who displayed, used, threatened, or attempted to
 21    use a firearm or other deadly weapon while committing or attempting to  commit
 22    the  crime,  shall  be  sentenced  to  an  extended  term of imprisonment. The
 23    extended term of imprisonment authorized in this section shall be computed  by
 24    increasing  the maximum sentence authorized for the crime for which the person
 25    was convicted by fifteen (15) years.
 26        For the purposes of this section, "firearm" means any deadly weapon  capa-
 27    ble of ejecting or propelling one (1) or more projectiles by the action of any
 28    explosive  or combustible propellant, and includes unloaded firearms and fire-
 29    arms which are inoperable but which can readily be rendered operable.
 30        The additional terms provided in this section shall not be imposed  unless
 31    the  fact of displaying, using, threatening, or attempting to use a firearm or
 32    other deadly weapon while committing the crime is separately  charged  in  the
 33    information  or  indictment and admitted by the accused or found to be true by
 34    the trier of fact at the trial of the substantive crime.;  provided,  however,
 35    that  the  prosecutor  shall give notice to the defendant of intent to seek an
 36    enhanced penalty at or before the preliminary hearing or before  a  waiver  of
 37    the preliminary hearing, if any.
 38        This section shall apply even in those cases where the use of a firearm is
 39    an element of the offense.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15624

The purpose of this legislation is to amend Idaho Code 19-2520
Extended Sentence for Use of a Firearm or Deadly Weapon. 
Currently, the statute requires the prosecutor give notice to the
defendant of intent to seek an enhanced penalty at or before the
preliminary hearing or before a waiver of the preliminary hearing. 
This amendment would remove the notice requirement to create
consistency among Idaho's enhanced penalty statutes.

The current requirement for notice of intent to seek the enhanced
penalty is silent regarding cases charged by Grand Jury Indictment,
and thus results in confusion and increased litigation in some
criminal cases.
 
Idaho Code  19-2520 permits an extended sentence of fifteen (15)
years upon conviction for one of twenty-one (21) qualifying
offenses if the person displayed, used, threatened, or attempted to
use a firearm or other deadly weapon while committing or attempting
to commit the crime.

The requirement that the prosecutor file notice of intent to seek
the "firearm enhanced penalty" is absent from other Idaho enhanced
penalty statutes, such as:  I.C. 19-2520B Infliction of Great
Bodily Injury   Extension of Prison Term; I.C.  19-2520C Extension
of Prison Terms for Repeated Sex Offenses, Extortion and
Kidnapping; I.C.  37-2739 Extended Sentence for Second or
Subsequent Offenses under the Uniform Controlled Substance Act; and
I.C.  19-2514 Persistent Violator.

With this amendment, the prosecutor will still be required to
separately charge and prove beyond a reasonable doubt the fact of
displaying, using, threatening, or attempting to use a firearm in
the commission of a crime.  Therefore, notice to the accused of the
potential extended sentence will continue to be provided, due
process will be protected, and consistency among Idaho's enhanced
penalty statutes will be created.


                           FISCAL NOTE

This bill will have no impact to the general fund.




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




STATEMENT OF PURPOSE/FISCAL NOTE                        S 1297