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H0603................................by JUDICIARY, RULES AND ADMINISTRATION
ARRESTS - MISDEMEANOR - Amends existing law to provide that an arrest for a
misdemeanor cannot be made inside a person's residence between 8:00pm and
8:00am unless upon direction of the magistrate or where consent was given
to enter the residence.
02/08 House intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 64-0-6
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bruneel, Callister, Campbell, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Hadley, Harwood, Henbest, Higgins, Hornbeck,
Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Martinez, McKague, Meyer, Mortensen, Moyle, Pearce, Pischner,
Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman,
Trail, Wheeler, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Bradford, Gould, Hammond, Montgomery, Sellman,
Wood
Floor Sponsor - Young
Title apvd - to Senate
02/21 Senate intro - 1st rdg - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 31-1-3
AYES -- Andreason, Branch(Bartlett), Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
Hill, Ingram, Keough, Little, Lodge, Marley, Noh, Richardson, Risch,
Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler,
Williams
NAYS -- King-Barrutia
Absent and excused -- Boatright, Brandt, Ipsen
Floor Sponsor - Davis
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
Pres signed
03/14 To Governor
03/20 Governor signed
Session Law Chapter 132
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 603
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-607, IDAHO CODE, TO PRO-
3 VIDE THAT AN ARREST FOR A MISDEMEANOR CANNOT BE MADE INSIDE A PERSON'S
4 RESIDENCE BETWEEN EIGHT P.M. AND EIGHT A.M. UNLESS UPON THE DIRECTION OF
5 THE MAGISTRATE AS ENDORSED UPON THE WARRANT OR WHERE CONSENT WAS GIVEN TO
6 ENTER THE RESIDENCE BY A PERSON WITH REAL OR APPARENT AUTHORITY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 19-607, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 19-607. WHEN ARREST MAY BE MADE UPON A WARRANT. If the offense charged is
11 a felony, the arrest may be made on any day, and at any time of the day or
12 night. If it the offense charged is a misdemeanor, the arrest can shall not be
13 made at night inside a person's residence between 8:00 p.m. and 8:00 a.m.,
14 unless upon the direction of the magistrate, as endorsed upon the warrant, or
15 where consent was given to enter the residence by a person with real or appar-
16 ent authority.
STATEMENT OF PURPOSE
RS 11969
wrien a magistrate issues an arrest warrant in a misdemeanor case,
the magistrate must endorse on the warrant whether or not the arrest
can be made at night. If a magistrate issues a "daytime only"
warrant, under current law a person may not be arrested at night
at all. This law has been on the books since 1864 and appears to
have been designed to prevent officers from entering a persons
residence to serve a misdemeanor arrest warrant in the nighttime.
In the modern era, it is routine for police officers to pull people
over in cars who have warrants for their arrest that are listed as
"daytime only.” Similarly, people are contacted in bars, or on the
street who have "daytime only’’ warrants. In these circumstances,
the police are forced to let individuals with warrants for their
arrest go.
This bill is designed to clarify that when an officer comes in
contact with a person in a public setting, such person can be
arrested irrespective of whether or not the warrant is daytime
only.” The bill also clarifies that a person may not be arrested
in his residence between the hours of 8:00 p.m. and 8:00
a.m. under a misdemeanor warrant.
FISCAL IMPACT
None.
CONTACT: Idaho Sheriffs Association, Michael J. Kane
Phone: 342-4545
STATEMENT OF PURPOSE/FISCAL NOTE H 603