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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
H0483|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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
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