View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1302................................................by JUDICIARY AND RULES DEATH SENTENCE - Amends existing law to revise provisions applicable to the imposition of judicial review of the death penalty. 01/24 Senate intro - 1st rdg - to printing 01/25 Rpt prt - to Jud 02/02 Rpt out - rec d/p - to 2nd rdg 02/03 2nd rdg - to 3rd rdg 02/06 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Goedde Floor Sponsor - Kelly Title apvd - to House 02/07 House intro - 1st rdg - to Jud 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/13 3rd rdg - PASSED - 66-0-4 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood NAYS -- None Absent and excused -- Block, Crow, Sali, Mr. Speaker Floor Sponsor - Smith(24) Title apvd - to Senate 03/14 To enrol 03/15 Rpt enrol - Pres signed 03/16 Sp signed 03/17 To Governor 03/22 Governor signed Session Law Chapter 155 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1302 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO DEATH SENTENCES; AMENDING SECTION 19-2827, IDAHO CODE, TO REVISE 3 PROVISIONS APPLICABLE TO THE JUDICIAL REVIEW OF THE IMPOSITION OF THE 4 DEATH PENALTY. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 19-2827, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 19-2827. REVIEW OF DEATH SENTENCES -- PRESERVATION OF RECORDS. (a) When- 9 ever the death penalty is imposed, and upon the judgment becoming final in the 10 trial court, the sentence shall be reviewed on the record by the Supreme 11 Court of Idaho. The clerk of the trial court, within ten (10) days after 12 receiving the transcript, shall transmit the entire record and transcript to 13 the Supreme Court of Idaho and to the attorney general together with a notice 14 prepared by the clerk and, if a jury has been waived for sentencing, a report 15 prepared by the trial judge setting forth the findings required by section 16 19-2515(8)(db), Idaho Code, and such other matters concerning the sentence 17 imposed as may be required by the Supreme Court. The notice shall set forth 18 the title and docket number of the case, the name of the defendant and the 19 name and address of his attorney(s), a narrative statement of the judgment, 20 the offense, and punishment prescribed. The report may be in the form of a 21 standard questionnaire prepared and supplied by the Supreme Court of Idaho. 22 (b) The Supreme Court of Idaho shall consider the punishment as well as 23 any errors enumerated by way of appeal. 24 (c) With regard to the sentence the court shall determine: 25 (1) Whether the sentence of death was imposed under the influence of pas- 26 sion, prejudice, or any other arbitrary factor,; and 27 (2) Whether the evidence supports the jury's or judge's finding of a 28 statutory aggravating circumstance from among those enumerated in section 29 19-2515, Idaho Code., and30(3) Whether the sentence of death is excessive.31 (d) Both the defendant and the state shall have the right to submit 32 briefs within the time provided by the court, and to present oral argument to 33 the court. 34 (e) In addition to its authority regarding correction of errors, the 35 court, with regard to review of death sentences, shall be authorized to: 36 (1) Affirm the sentence of death; or 37 (2) Set the sentence aside and remand the case for resentencing by a jury 38 or, if waived, the trial judge.based on the record and argument of coun-39sel.40 (f) The sentence review shall be in addition to direct appeal, if taken, 41 and the review and appeal shall be consolidated for consideration. 42 (g) The Supreme Court shall collect and preserve the records of all cases 43 in which the penalty of death was imposed from and including the year 1975.
STATEMENT OF PURPOSE RS15530 This legislation amends Idaho Code 19-2827 and the conditions under which a report is to be prepared by a trial judge setting forth findings required by Idaho Code 19-2515(8)(b). As a result of the U.S. Supreme Court decision in Ring v. Arizona, 536 US 584 (2002), judges no longer make the determination as to whether the death penalty is appropriate. Since judges no longer make this determination, the report required is no longer necessary, except in cases where both parties have waived the jury for sentencing. The second part of this legislation deals with the finding of whether the sentence of death is excessive. This is in response to the elimination of certain language from Idaho Code 19- 2827(c)(3) by the 1994 legislature and a subsequent ruling by the Idaho Supreme Court in State v. Fields, 127 Idaho 904 (1995), where the Supreme Court concluded, "The elimination of this language has rendered the term excessive' as used in I.C. 19- 2827(c)(3) meaningless." Both of these changes are an attempt to bring Idaho statutes into conformity with court rulings concerning the death penalty. FISCAL NOTE This bill has no fiscal impact. Contact Name: William A. von Tagen and LaMont Anderson Office of the Attorney General Phone: 334-4140 STATEMENT OF PURPOSE / FISCAL NOTE S 1302