2000 Legislation
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HOUSE BILL NO. 455, As Amended – Prosecuting atty/contract/infractn

HOUSE BILL NO. 455, As Amended

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Daily Data Tracking History



H0455aa..............................by JUDICIARY, RULES AND ADMINISTRATION
PROSECUTING ATTORNEYS - Amends existing law to delete reference to
full-time prosecuting attorneys; and to provide that a county prosecuting
attorney may contract with a city in that county to prosecute certain
infractions.
                                                                        
01/28    House intro - 1st rdg - to printing
01/31    Rpt prt - to Jud
02/24    Rpt out - to Gen Ord
02/29    Rpt out amen - to engros
03/01    Rpt engros - 1st rdg - to 2nd rdg as amen
03/02    2nd rdg - to 3rd rdg as amen
03/07    3rd rdg as amen - PASSED - 65-0-5
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
      Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark,
      Crow, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
      Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck,
      Jaquet, Jones, Judd, Kellogg, Kendell, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer,
      Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone,
      Taylor, Tilman, Trail, Wood, Zimmermann, Mr Speaker
      NAYS -- NONE
      Absent and excused -- Cuddy, Kempton, McKague, Pischner, Wheeler
    Floor Sponsor - Moss
    Title apvd - to Senate
03/08    Senate intro - 1st rdg as amen - to Jud
03/16    Rpt out - rec d/p - to 2nd rdg as amen
03/17    2nd rdg - to 3rd rdg as amen
03/23    3rd rdg as amen - PASSED - 30-4-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Riggs,
      Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
      Wheeler, Williams
      NAYS--Cameron, Hawkins, Parry, Whitworth
      Absent and excused--McLaughlin
    Floor Sponsor - Darrington
    Title apvd - to House
03/24    To enrol
03/27    Rpt enrol - Sp signed
03/28    Pres signed
03/29    To Governor
03/30    Governor signed
         Session Law Chapter 116
         Effective: 07/01/00

Bill Text


 H0455
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 455, As Amended
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PROSECUTING ATTORNEYS; AMENDING SECTION 31-3113,  IDAHO  CODE,  TO
  3        DELETE  REFERENCE  TO  FULL-TIME PROSECUTING ATTORNEYS AND TO PROVIDE THAT
  4        COUNTY PROSECUTING ATTORNEYS MAY CONTRACT WITH A CITY  IN  THE  COUNTY  TO
  5        PROSECUTE NONCONFLICTING INFRACTIONS; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 31-3113, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        31-3113.  CONTRACTED DUTIES OF  PROSECUTING  ATTORNEYS  WITH  CITIES.  The
 10    pProsecuting  attorneys, in the following counties are required to devote full
 11    time to the discharge of their duties: Bannock,  Bonner,  Bonneville,  Canyon,
 12    Elmore,  Gem,  Kootenai,  Latah,  Payette  and Twin Falls. Wwith the unanimous
 13    approval of the board of county commissioners, and with  the  consent  of  the
 14    prosecuting  attorney,  the  prosecuting  attorney  may contract with any city
 15    within the county to prosecute nonconflicting misdemeanors in  those  counties
 16    where  the  prosecuting attorneys are required to devote full time to the dis-
 17    charge of their duties and infractions.
                                                                        
 18        SECTION 2.  This act shall be in full force and effect on and  after  July
 19    1, 2000.

Amendment


 AH0455
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Moss                
                                                                        
                                                     Seconded by Gould               
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 455
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 9, delete "The" and insert:  "The";
  3    in  line  10, delete "prosecuting" and insert: "pProsecuting"; in lines 10, 11
  4    and 12, delete "in the following counties are required to devote full time  to
  5    the  discharge  of  their duties: Bannock, Bonner, Bonneville, Canyon, Elmore,
  6    Gem, Kootenai, Latah, Payette and Twin Falls." and insert: ", in the following
  7    counties are required to devote full time to the discharge  of  their  duties:
  8    Bannock, Bonner, Bonneville, Canyon, Elmore, Gem, Kootenai, Latah, Payette and
  9    Twin  Falls.";  in  line  12,  delete  "With" and insert: "Wwith"; in line 14,
 10    delete "the prosecuting attorney" and insert: "the prosecuting  attorney";  in
 11    lines 15, 16 and 17, delete "and infractions in those counties where the pros-
 12    ecuting  attorneys  are required to devote full time to the discharge of their
 13    duties" and insert: "in those counties where  the  prosecuting  attorneys  are
 14    required   to   devote  full  time  to  the  discharge  of  their  duties  and
 15    infractions".
                                                                        
 16                                 CORRECTION TO TITLE
 17        On page 1, in line 2, following "CODE," insert: "TO  DELETE  REFERENCE  TO
 18    FULL-TIME  PROSECUTING  ATTORNEYS  AND";  in line 3, delete "A FULL-TIME"; and
 19    also in line 3, delete "ATTORNEY" and insert: "ATTORNEYS".

Statement of Purpose / Fiscal Impact


                   STATEMENT OF PURPOSE
                            RS09691

This bill will make it clear that prosecutors can contract with 
cities to prosecute non-conflicting misdemeanors and infractions. 
Under current law, prosecutors can only contract non-conflicting 
misdemeanors, but infractions are not included. Although in many 
jurisdictions infractions are already being contracted, this bill 
makes it clear that these contracts are statutorily authorized.

                           FISCAL NOTE 

There is no fiscal impact on the general fund. There is no fiscal 
impact to counties or cities except what they choose to incur 
through their own contracts.

Contact: Kevin Maloney or Jim Ball
Idaho Prosecuting Attorneys' Association
364-2121

STATEMENT OF PURPOSE/ FISCAL NOTE            Bill No.  H 455