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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