1998 Legislation
Print Friendly

HOUSE BILL NO. 483 – Death sentence, intent to seek

HOUSE BILL NO. 483

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0483................................by JUDICIARY, RULES AND ADMINISTRATION
DEATH SENTENCE - Amends and adds to existing law to provide that a sentence
of death shall not be imposed for first degree murder unless the
prosecuting attorney has filed written notice of intent to seek the death
penalty no later than thirty days after entry of a plea.

01/20    House intro - 1st rdg - to printing
01/21    Rpt prt - to Jud
02/10    Rpt out - rec d/p - to 2nd rdg
02/11    2nd rdg - to 3rd rdg
02/16    3rd rdg - PASSED - 60-8-2
      AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
      Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
      Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gould,
      Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Judd,
      Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford, Mader,
      Marley, McKague, Meyer, Miller, Mortensen, Newcomb, Pischner,
      Pomeroy, Reynolds, Richman, Ridinger, Robison, Stevenson, Stoicheff,
      Stubbs, Taylor, Tilman, Trail, Watson, Wheeler, Zimmermann,
      Mr Speaker
      NAYS -- Gagner, Geddes, Jones(20), Loertscher, Sali, Schaefer,
      Tippets, Wood
      Absent and excused -- Barrett, Stone
    Floor Sponsor - Clark
    Title apvd - to Senate
02/17    Senate intro - 1st rdg - to Jud
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-1-0
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Sweeney, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--Geddes
      Absent and excused--None
    Floor Sponsors - Boatright, Dunklin
    Title apvd - to House
03/17    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - to Governor
03/19    Governor signed
         Session Law Chapter 96
         Effective: 07/01/98

Bill Text


H0483


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 483

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO PUNISHMENT FOR  FIRST-DEGREE  MURDER;  AMENDING  SECTION  18-4004,
 3        IDAHO  CODE,  TO PROVIDE THAT A SENTENCE OF DEATH SHALL NOT BE IMPOSED FOR
 4        FIRST-DEGREE MURDER UNLESS THE PROSECUTING ATTORNEY FILED  WRITTEN  NOTICE
 5        OF  INTENT  TO  SEEK THE DEATH PENALTY AND TO MAKE A TECHNICAL CORRECTION;
 6        AMENDING CHAPTER 40, TITLE 18, IDAHO CODE, BY THE ADDITION OF A  NEW  SEC-
 7        TION  18-4004A,  IDAHO CODE, TO PROVIDE FOR A NOTICE OF INTENT TO SEEK THE
 8        DEATH PENALTY, TO PROVIDE THE FILING REQUIREMENTS FOR THE  NOTICE  AND  TO
 9        PROVIDE  FOR WITHDRAWAL OF THE NOTICE; AND AMENDING SECTION 19-2515, IDAHO
10        CODE, TO PROVIDE THAT A SENTENCE OF DEATH SHALL NOT BE IMPOSED FOR A CAPI-
11        TAL OFFENSE UNLESS A NOTICE OF INTENT TO SEEK THE DEATH PENALTY WAS  FILED
12        AND SERVED AS PROVIDED IN SECTION 18-4004A, IDAHO CODE.

13    Be It Enacted by the Legislature of the State of Idaho:

14        SECTION  1.  That  Section 18-4004, Idaho Code, be, and the same is hereby
15    amended to read as follows:

16        18-4004.  PUNISHMENT FOR MURDER. Subject to the provisions of    sec-
17    tion    19-2515,  Idaho Code, every person guilty of murder of the first
18    degree shall be punished by death or by imprisonment for life,  provided  that
19     a sentence of death shall not be imposed unless the prosecuting attorney
20    filed written notice of intent to seek the death penalty as required under the
21    provisions  of  section 18-4004A, Idaho Code, and provided further that 
22    whenever the court shall impose a sentence of  life  imprisonment,  the  court
23    shall  set  forth in its judgment and sentence a minimum period of confinement
24    of not less than ten  (10)  years  during  which  period  of  confinement  the
25    offender  shall not be eligible for parole or discharge or credit or reduction
26    of sentence for good conduct, except for  meritorious  service.  Every  person
27    guilty  of  murder of the second degree is punishable by imprisonment not less
28    than ten (10) years and the imprisonment may extend to life.

29        SECTION 2.  That Chapter 40, Title 18, Idaho Code, be,  and  the  same  is
30    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
31    known and designated as Section 18-4004A, Idaho Code, and to read as follows:

32        18-4004A.  NOTICE OF INTENT TO SEEK DEATH PENALTY.  A  sentence  of  death
33    shall  not  be imposed unless the prosecuting attorney filed written notice of
34    intent to seek the death penalty with the court and served the notice upon the
35    defendant or his attorney of record no later than thirty (30) days after entry
36    of a plea. A notice of intent to seek the death penalty may  be  withdrawn  at
37    any time prior to the imposition of sentence.

38        SECTION  3.  That  Section 19-2515, Idaho Code, be, and the same is hereby
39    amended to read as follows:


                                          2

 1        19-2515.  INQUIRY INTO MITIGATING OR AGGRAVATING CIRCUMSTANCES -- SENTENCE
 2    IN CAPITAL CASES -- STATUTORY AGGRAVATING CIRCUMSTANCES -- JUDICIAL  FINDINGS.
 3    (a)  After  a  plea  or verdict of guilty the court shall convene a hearing to
 4    receive evidence and argument in aggravation and mitigation of the punishment.
 5        (b)  Where a person is sentenced to serve  a  term  in  the  penitentiary,
 6    after  conviction  of  a  crime  which  falls within the provisions of section
 7    20-223, Idaho Code, except in cases where the court retains jurisdiction,  the
 8    comments and arguments of the counsel for the state and the defendant relative
 9    to  the  sentencing  and  the comments of the judge relative to the sentencing
10    shall be recorded. If the comments are recorded electronically, they need  not
11    be transcribed. Otherwise, they shall be transcribed by the court reporter.
12        (c)  Where  a person is convicted of an offense which may be punishable by
13    death, a sentence of death shall not be  imposed  unless    a  notice  of
14    intent  to  seek the death penalty was filed and served as provided in section
15    18-4004A, Idaho Code, and  the court finds at least  one  (1)  statutory
16    aggravating  circumstance.  Where the court finds a statutory aggravating cir-
17    cumstance the court shall sentence the defendant to  death  unless  the  court
18    finds  that  mitigating  circumstances which may be presented are sufficiently
19    compelling that the death penalty would be unjust.
20        (d)  One convicted of murder in the first degree shall be liable to  impo-
21    sition  of  the penalty of death if such person killed, intended a killing, or
22    acted with reckless indifference to human life, irrespective of  whether  such
23    person directly committed the acts that caused death.
24        (e)  In  all  cases  in  which the death penalty may be imposed, the court
25    shall, after conviction, order a presentence  investigation  to  be  conducted
26    according  to  such  procedures  as are prescribed by law and shall thereafter
27    convene a  sentencing hearing for the purpose of hearing all relevant evidence
28    and arguments of counsel in aggravation and mitigation of the offense. At such
29    hearing, the state and the defendant shall be entitled to present all relevant
30    evidence in aggravation and mitigation. Should any party  present  aggravating
31    or mitigating evidence which has not previously been disclosed to the opposing
32    party or parties, the court shall, upon request, adjourn the hearing until the
33    party  desiring  to  do so has had a reasonable opportunity to respond to such
34    evidence. Evidence admitted at trial shall  be  considered  and  need  not  be
35    repeated at the sentencing hearing. Evidence offered at trial but not admitted
36    may be repeated or amplified if necessary to complete the record.
37        (f)  Upon  the  conclusion of the evidence and arguments in mitigation and
38    aggravation the court shall make written findings setting forth any  statutory
39    aggravating  circumstance found. Further, the court shall set forth in writing
40    any mitigating factors considered and, if the court finds that mitigating cir-
41    cumstances are sufficiently compelling that the death penalty would be unjust,
42    the court shall detail in writing its reasons for so finding.
43        (g)  Upon making the prescribed findings, the court shall impose  sentence
44    within the limits fixed by law.
45        (h)  The  following  are statutory aggravating circumstances, at least one
46    (1) of which must be found to exist beyond a reasonable doubt  before  a  sen-
47    tence of death can be imposed:
48        (1)  The defendant was previously convicted of another murder.
49        (2)  At  the  time  the  murder was committed the defendant also committed
50        another murder.
51        (3)  The defendant knowingly created a great risk of death  to  many  per-
52        sons.
53        (4)  The murder was committed for remuneration or the promise of remunera-
54        tion  or the defendant employed another to commit the murder for remunera-
55        tion or the promise of remuneration.


                                          3

 1        (5)  The murder was especially heinous, atrocious  or  cruel,  manifesting
 2        exceptional depravity.
 3        (6)  By  the  murder,  or  circumstances  surrounding  its commission, the
 4        defendant exhibited utter disregard for human life.
 5        (7)  The murder was committed in the perpetration of, or attempt to perpe-
 6        trate, arson, rape,  robbery,  burglary,  kidnapping  or  mayhem  and  the
 7        defendant  killed, intended a killing, or acted with reckless indifference
 8        to human life.
 9        (8)  The defendant, by prior conduct or conduct in the commission  of  the
10        murder  at  hand,  has  exhibited a propensity to commit murder which will
11        probably constitute a continuing threat to society.
12        (9)  The murder was committed against a former or present  peace  officer,
13        executive  officer,  officer of the court, judicial officer or prosecuting
14        attorney because of the exercise of official duty.
15        (10) The murder was committed against a witness or potential witness in  a
16        criminal or civil legal proceeding because of such proceeding.

Statement of Purpose / Fiscal Impact


    





    STATEMENT OF PURPOSE
         AS 07460
         
    
    This legislation is recommended by the Legislative Council Interim Committee on the Criminal 
    Justice Process. The legislation provides that a sentence of death may not be imposed unless the 
    prosecutor files a notice of intent to seek the death penalty.
    
    Currently, in first degree murder cases, there is no requirement for a specific notice by the 
    prosecutor that a sentence of death will be requested at sentencing. As a result, in many judicial districts 
    throughout the state, the courts are requiring that a first degree murder case be tried as a capital case 
    even though the prosecutor ultimately may not request consideration of the death penalty. In some 
    judicial districts judges will not allow the prosecutor to waive the death penalty before trial and will insist 
    that the matter be tried as a capital case, requiring that the defendant have two capital-qualified 
    attorneys and that the trial be conducted in anticipation of federal appeals and federal habeas corpus 
    proceedings. This results in substantially higher costs to the counties to prosecute the case and to 
    provide for the defense if the defendant is indigent.
    
    This legislation requires that a notice of intent to seek the death penalty be filed by the 
    prosecution no later than 30 days after the defendant has entered a plea. The notice must have been 
    filed within this period of time or the death penalty cannot be imposed. However, the notice may be 
    withdrawn at any time prior to the imposition of sentence. The requirement of early notice will allow the 
    courts, as well as the prosecution and the defense, to know before the trial of a case whether the 
    additional safeguards applicable in capital cases will be necessary, resulting in cost savings to all 
    participants in the process.
    
    FISCAL NOTE
    
    This legislation would have no fiscal impact on the general fund.
    
    CONTACT: Susan Mather
              Legislative Services
              334-4858
              
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
     
    
    Bill No. H 48 3