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S1332................................................by JUDICIARY AND RULES
JUVENILES - TRIED AS ADULTS - Amends existing law to clarify when a
juvenile shall be tried as an adult, to include trafficking in controlled
substances in the list of crimes for which a juvenile is to be tried as an
adult, to clarify that a juvenile charged as an adult shall be charged as
an adult without a waiver hearing for all other crimes based upon the same
transaction, and to provide that a juvenile waived into adult court is
subject to the same sentencing provisions as an adult, including
enhancement penalties.
01/26 Senate intro - 1st rdg - to printing
01/27 Rpt prt - to Jud
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 20-13-2
AYES--Andreason, Branch, Bunderson, Burtenshaw, Cameron, Crow,
Darrington, Deide, Geddes, Keough, King, Lee, Parry, Richardson,
Riggs, Risch, Sandy, Sorensen, Thorne, Twiggs
NAYS--Danielson, Dunklin, Frasure, Hansen, Hawkins, Ipsen,
McLaughlin, Noh, Schroeder, Stennett, Sweeney, Wheeler, Whitworth
Absent and excused--Boatright, Ingram
Floor Sponsor - Sorensen
Title apvd - to House
02/19 House intro - 1st rdg - to Jud
S1332|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1332 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-509, IDAHO CODE, 3 TO CLARIFY WHEN A JUVENILE SHALL BE TRIED AS AN ADULT, TO INCLUDE TRAF- 4 FICKING IN CONTROLLED SUBSTANCES IN THE LIST OF CRIMES FOR WHICH A JUVE- 5 NILE IS TO BE TRIED AS AN ADULT, TO CLARIFY THAT A JUVENILE CHARGED AS AN 6 ADULT SHALL BE CHARGED AS AN ADULT WITHOUT A WAIVER HEARING FOR ALL OTHER 7 CRIMES BASED ON THE SAME ACT OR TRANSACTION, TO PROVIDE THAT A JUVENILE 8 WAIVED INTO ADULT COURT IS SUBJECT TO THE SAME SENTENCING PROVISIONS AS AN 9 ADULT, INCLUDING ENHANCEMENT PENALTIES AND TO MAKE TECHNICAL CORRECTIONS. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 20-509, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 20-509. VIOLENT OFFENSES, CONTROLLED SUBSTANCES VIOLATIONS NEAR SCHOOLS 14 AND OFFENDERS. (1) Any juvenile, age fourteen (14) years to age eighteen (18) 15 years, who is alleged to have committed any of thefollowing16 crimes specified in paragraph (a) of this subsection shall be charged, 17 arrested and proceeded against by complaint, indictment or information as an 18 adult; or any person under age fourteen (14) who is alleged to have 19 committed any of thefollowingcrimes specified in para- 20 graph (a) of this subsection and, pursuant to section 20-508, Idaho 21 Code, has been ordered by the court to be held for adult criminal 22 proceedings:shall be charged, arrested and proceeded 23 against by complaint, indictment or information as an adult. 24 (a) Violent and controlled substances violations: 25 (i) Murder of any degree or attempted murder; 26 (bii ) Robbery; 27 (ciii ) Rape, but excluding statutory rape; 28 (div ) Forcible sexual penetration by the 29 use of a foreign object; 30 (ev ) Infamous crimes against nature, 31 committed by force or violence; 32 (fvi ) Mayhem; 33 (gvii ) Assault or battery with the intent 34 to commit any of the above serious felonies; 35 (hviii ) A violation of the provisions of 36 section 37-2732(a)(1)(A), (B) or (C) , Idaho Code, when 37 the violation occurred on or within one thousand (1,000) feet of the 38 property of any public or private primary or secondary school, or in 39 those portions of any building, park, stadium or other structure or 40 grounds which were, at the time of the violation, being used for an 41 activity sponsored by or through such a school; 42 (ix) A violation of the provisions of section 37-2732B, Idaho 43 Code; 2 1 (ix ) Arson in the first degree and 2 aggravated arson;. 3shall be charged, arrested and proceeded against by complaint, indict-4ment or information as an adult.5 (b) A juvenile required to be proceeded against as an adult and a 6 juvenile ordered by the court to be held for adult criminal proceedings 7 pursuant to subsection (1) of this section shall similarly be charged, 8 arrested and proceeded against as an adult without any juvenile waiver 9 hearing for aAll other felonies or misdemeanors 10 charged in the complaint, indictment or information,which 11 are based on the same act or transaction or on one (1) or 12 more acts or transactions as the violent or controlled substances offense 13shall similarly be charged, arrested and proceeded against as an14adult. Any juvenile proceeded against pursuant to this section shall be15accorded all constitutional rights, including bail and trial by jury, and16procedural safeguards as if that juvenile were an adult defendant17 specified in paragraph (a) of this subsection . 18 (2) Once a juvenile has been formally charged or indicted pursuant to 19 this section or has been transferred for criminal prosecution as an adult pur- 20 suant to the waiver provisions of section 20-508, Idaho Code, or this section, 21 the juvenile shall be held in a county jail or other adult prison facility 22 unless the court, after finding good cause, orders otherwise. 23 (3) Once a juvenile has been found to have committed the offense for 24 which the juvenile was charged, indicted or transferred, or has been found 25 guilty or pled guilty to a lesser offense or amended charge growing out of or 26 included within the original charge, whether or not such lesser offense or 27 amended charge is included within the acts enumerated in subsection (1) of 28 this section, the juvenile shall thereafter be handled in every respect as an 29 adult. For any subsequent violation of Idaho law, the juvenile shall be han- 30 dled in every respect as an adult. 31 (4) A juvenile waived into adult court is subject to the same sen- 32 tencing provisions as an adult, including enhancement penalties; provided, 33 however, that tThe sentencing judge of any juvenile con- 34 victed pursuant to this section may choose to sentence the convicted person in 35 accordance with the juvenile sentencing options set forth in this act, if a 36 finding is made that adult sentencing measures would be inappropriate. 37 (5) Any juvenile proceeded against pursuant to this section shall 38 be accorded all constitutional rights, including bail and trial by jury, and 39 procedural safeguards as if that juvenile were an adult defendant.
STATEMENT OF PURPOSE
RS07609
This legislation amends and technically corrects the juvenile automatic waiver statute
in Idaho Code Section 20-509.
The first amendment adds Trafficking in Controlled Substances as an automatically waivable
offense for juveniles 14 years of age or older. Currently, prosecutors are having problems with
adult drug dealers using juveniles to transport and possess controlled substances because of the
lack of criminal consequence the juvenile faces when charged with a drug offense. Making
trafficking in controlled substances an automatically waivable offense will deter this practice.
The second amendment makes it clear that enhancement statutes that apply to adult criminal
defendants also apply to juvenile defendants. There has been some debate in the courts if the
legislature intended to hold juveniles waived into adult court subject to all the consequences that
an adult would face.
The technical amendment merely cleans up the statute in how it reads, providing for more
specific and straight forward language.
FISCAL NOTE
The fiscal impact of these amendments and technical changes is negligible. Adding trafficking
in controlled substances as an automatically waivable offense shifts costs from the juvenile
system to the adult system. The enhancement provision already exists in practice, it just makes it
clear that this is what the legislature intended. The technical correction may actually reduce court
time and save cost because it makes the statute clear.
CONTACT: Connie Vietz
#364-2159
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No S1332