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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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,35that the prosecutor shall give notice to the defendant of intent to seek an36enhanced penalty at or before the preliminary hearing or before a waiver of37the 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 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