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H0726aa..............................by JUDICIARY, RULES AND ADMINISTRATION
JUVENILES - CURFEW VIOLATION - Adds to existing law to provide that a
violation by a juvenile of a curfew established by a municipal or county
ordinance shall be punishable by a fine or detention or both, to provide
the deposit of fines, to prohibit detention in a county jail, to provide
that a peace officer may issue a citation for a curfew violation, to
require endorsement by a parent or legal guardian on the citation, to
provide for delivery or mailing in the alternative, to provide for
sentencing and to provide for jurisdiction over the parents or guardian of
the juvenile violator.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Jud
03/04 Rpt out - to Gen Ord
03/06 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/12 3rd rdg as amen - PASSED - 48-18-4
AYES -- Barraclough, Bieter, Black(15), Boe, Bruneel, Callister,
Campbell, Clark, Cuddy, Deal, Ellsworth, Field(13), Field(20),
Gagner, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(22),
Jones(20), Judd, Kellogg, Kempton, Kjellander, Kunz, Lake, Linford,
Mader, Marley, Meyer, Miller, Mortensen, Newcomb, Reynolds, Ridinger,
Robison, Sali, Schaefer, Stevenson, Stone, Stubbs, Trail, Watson,
Wheeler, Zimmermann, Mr Speaker
NAYS -- Alltus, Barrett, Bell, Bivens, Black(23), Chase, Crane,
Denney, Kendell, McKague, Pischner, Pomeroy, Richman, Stoicheff,
Taylor, Tilman, Tippets, Wood
Absent and excused -- Crow, Geddes, Jones(9), Loertscher
Floor Sponsor - Jaquet
Title apvd - to Senate
03/13 Senate intro - 1st rdg as amen - to Jud
03/19 Rpt out - rec d/p - to 2nd rdg as amen
03/20 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amem - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Darrington, Deide, Dunklin, Geddes, Hansen, Hawkins, Ingram,
Ipsen, Keough, King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch,
Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs,
Wheeler, Whitworth
NAYS--None
Absent and excused--Danielson, Frasure, Parry
Floor Sponsor - Sorensen
Title apvd - to House
03/23 To enrol - rpt enrol - Sp signed
03/24 Pres signed - to Governor
03/25 Governor signed
Session Law Chapter 391
Effective: 07/01/98
H0726|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 726, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO JUVENILE CORRECTIONS; AMENDING CHAPTER 5, TITLE 20, IDAHO CODE, BY 3 THE ADDITION OF A NEW SECTION 20-549, IDAHO CODE, TO PROVIDE THAT A VIOLA- 4 TION BY A JUVENILE OF A CURFEW ESTABLISHED BY MUNICIPAL OR COUNTY ORDI- 5 NANCE SHALL BE PUNISHABLE BY A FINE OR DETENTION OR BOTH, TO PROVIDE FOR 6 DEPOSIT OF FINES, TO PROHIBIT DETENTION IN A COUNTY JAIL, TO PROVIDE THAT 7 A PEACE OFFICER MAY ISSUE A CITATION FOR A CURFEW VIOLATION, TO REQUIRE 8 ENDORSEMENT BY A PARENT OR LEGAL GUARDIAN ON THE CITATION IF POSSIBLE WITH 9 THE EXERCISE OF REASONABLE DILIGENCE, TO PROVIDE FOR DELIVERY OR MAILING 10 IN THE ALTERNATIVE, TO PROVIDE FOR SENTENCING, AND TO PROVIDE FOR JURIS- 11 DICTION OVER THE PARENTS OR GUARDIAN OF THE JUVENILE VIOLATOR. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Chapter 5, Title 20, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION , to be 15 known and designated as Section 20-549, Idaho Code, and to read as follows: 16 20-549. CURFEW VIOLATIONS -- CITATION -- NOTIFICATION. Violation by a 17 juvenile of a curfew established by a municipal or county ordinance shall be 18 punishable by a fine not to exceed three hundred dollars ($300), detention, or 19 both. Fines shall be deposited in the county juvenile justice fund of the 20 county where the violation occurred, or if such a fund has not been estab- 21 lished, then in the current county expense account for juvenile corrections 22 purposes in the county where the violation occurred. The imposition of deten- 23 tion shall be subject to the provisions of sections 20-520(1)(b) and 20-521, 24 Idaho Code. Detention of a juvenile in a county jail for violation of a curfew 25 is prohibited. 26 Any peace officer may issue a citation for violation of a curfew that 27 shall thereafter be processed under the juvenile corrections act. Citations 28 shall be issued on the Idaho uniform citation form. The peace officer issuing 29 a curfew citation may detain the violator and at the time the citation is 30 issued shall make a reasonable effort to obtain the endorsement of the 31 juvenile's parent or legal guardian on the citation. If the endorsement of a 32 parent or legal guardian cannot be obtained with the exercise of reasonable 33 diligence, a copy of the citation shall be hand delivered or mailed to the 34 juvenile's parent or legal guardian by a peace officer at least seven (7) days 35 prior to the date set for the juvenile's appearance. The citation shall pro- 36 vide a date certain for the appearance before a magistrate of the juvenile and 37 parent or legal guardian. 38 When sentencing a juvenile for violating a curfew, the court may also 39 enter any order authorized in section 20-520, Idaho Code. The court shall 40 have jurisdiction over the parent or legal guardian of the violator pursuant 41 to section 20-522, Idaho Code.
STATEMENT OF PURPOSE
RS08042C1
The purpose of this legislation is to allow law enforcement
to issue a citation on a curfew violation. Currently law
enforcement forwards a report of the violation to the
prosecutor who files a petition which is then served on the
juvenile and parents. The court appearance is before a
magistrate judge who sentences the juvenile under the
Juvenile Corrections Act.
The proposed change allows the officer to speed up the
process by completing a uniform citation with the court date
at the time of apprehension.
Creating an expedited consequence for an offense is an
objective in dealing with juveniles. Status offenses
including curfew violations are often gateways to more
serious offenses bringing the youth into the juvenile or
adult corrections system. The citation is one form of early
intervention.
FISCAL NOTE
Law enforcement and perhaps court time would be saved by
issuing a citation for the curfew violation, but only
minimal impact to state or local funds is expected.
CONTACT: Representative Wendy Jaquet
(208) 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE
H 726