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S1305................................................by JUDICIARY AND RULES MAGISTRATES - Amends existing law to provide that when a magistrate finds that a complaint subscribed to under oath alleges facts constituting a public offense, the complaint will be referred to the appropriate prosecuting attorney and to provide that a magistrate may issue a warrant for the arrest of a defendant only after a determination that there is probable cause to believe that an offense has been committed and that the defendant committed the offense. 01/20 Senate intro - 1st rdg - to printing 01/21 Rpt prt - to Jud 02/02 Rpt out - rec d/p - to 2nd rdg 02/03 2nd rdg - to 3rd rdg 02/04 3rd rdg - PASSED - 32-0-3 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen, Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Thorne, Wheeler, Whitworth NAYS--None Absent and excused--Stennett, Sweeney, Twiggs Floor Sponsor - King Title apvd - to House 02/05 House intro - 1st rdg - to Jud 03/10 Rpt out - rec d/p - to 2nd rdg 03/11 2nd rdg - to 3rd rdg 03/12 3rd rdg - PASSED - 65-0-5 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens, Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Henbest, Hornbeck, Jaquet, Jones(22), Jones(20), Judd, Kellogg, Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann NAYS -- None Absent and excused -- Crow, Hansen, Jones(9), Kempton, Mr Speaker Floor Sponsor - Hornbeck Title apvd - to Senate 03/13 To enrol 03/16 Rpt enrol - Pres signed Sp signed 03/17 To Governor 03/18 Governor signed Session Law Chapter 91 Effective: 07/01/98
S1305|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1305 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-504, IDAHO CODE, TO PRO- 3 VIDE THAT WHEN A MAGISTRATE FINDS THAT A COMPLAINT SUBSCRIBED TO UNDER 4 OATH ALLEGES FACTS CONSTITUTING A PUBLIC OFFENSE THE COMPLAINT WILL BE 5 REFERRED TO THE APPROPRIATE PROSECUTING ATTORNEY; AND AMENDING SECTION 6 19-506, IDAHO CODE, TO PROVIDE THAT A MAGISTRATE MAY ISSUE A WARRANT FOR 7 THE ARREST OF THE DEFENDANT ONLY AFTER A DETERMINATION THAT THERE IS PROB- 8 ABLE CAUSE TO BELIEVE THAT AN OFFENSE HAS BEEN COMMITTED AND THAT THE 9 DEFENDANT COMMITTED THE OFFENSE. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 19-504, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 19-504.EXAMINATION OFPERSON LODGING COMPLAINT. When a com- 14 plaint which has been subscribed to under oath by the party or parties 15 lodging the same is laid before a magistrateof16 alleging facts constituting the commission of a public offense, triable 17 within the county,he must examine, under oath, the person lodging such18complaint, and the written complaint, so lodged, shall be subscribed under19oath by the party or parties lodging the sameand the magistrate 20 finds that the complaint alleges a public offense under the Idaho Code or 21 county or city ordinance, the magistrate shall order the clerk of the court to 22 file the complaint and refer the complaint to the appropriate county or city 23 prosecuting attorney for further action . 24 SECTION 2. That Section 19-506, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 19-506. WHEN WARRANT MAY ISSUE.If theA magis- 27 trateis satisfied therefrom that the offense complained of has been28committed, andmay issue a warrant for the arrest of the defend- 29 ant only after making a determination that there isreasonable30groundprobable cause to believe that an offense has 31 been committed and that the defendanthascommitted 32 it, he must issue a warrant of arrest.
STATEMENT OF PURPOSE RS07492 This bill is one of a series of bills that the Justices of the Supreme Court transmitted to the Governor in their annual "defects in the laws" report under Art. 5, Sec. 25 of the Idaho Constitution. Idaho Code §19-504 and 19-506, first enacted in the last century, combine to provide a procedure for the examination and processing of criminal complaints lodged by private citizens. This legislation will modernize and clarify this procedure and make it: consistent with current Idaho Criminal Rules and case law covering the filing of criminal actions. First this bill amends I.C. § 19-504 to provide that when a magistrate judge determines that a sworn complaint alleges facts constituting a public offense, the complaint is filed and then referred to the prosecuting attorney for appropriate action. Secondly, this bill amends I.C. § 19-506 to change the standard for issuing a warrant of arrest from a "reasonable ground" standard to a "probable cause" standard and to give the magistrate judge discretion in issuing a warrant of arrest. These changes are also consistent with Idaho Criminal Rules. FISCAL NOTE It is not anticipated that this bill will have a discernible impact on state or local funds, although some savings in court time and ex?pense is expected. Contact Person: Patricia Tobias Administrative Director of the Courts Idaho Supreme Court (208)334-2246 Statement of Purpose/Fiscal Note S 1305