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SENATE BILL NO. 1424

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Daily Data Tracking History

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S1424................................................by JUDICIARY AND RULES
BAIL - LIMITATION - Amends existing law to delete the limitation on the
amount of bail which the court may fix to release the party appealing from
custody pending appeal or to stay proceedings under the judgment.

02/10    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Jud
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 34-0-1
      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, Stennett,
      Sweeney, Thorne, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Twiggs
    Floor Sponsor - Boatright
    Title apvd - to House
02/23    House intro - 1st rdg - to Jud

Bill Text

S1424


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

                                      IN THE SENATE

                                   SENATE BILL NO. 1424

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT
 2    RELATING TO BAIL PENDING APPEAL; AMENDING  SECTION  19-3941,  IDAHO  CODE,  TO
 3        DELETE  THE  LIMITATION  ON  THE AMOUNT OF BAIL WHICH THE COURT MAY FIX TO
 4        RELEASE THE PARTY APPEALING FROM CUSTODY PENDING APPEAL OR  TO  STAY  PRO-
 5        CEEDINGS UNDER THE JUDGMENT.

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

 7        SECTION  1.  That  Section 19-3941, Idaho Code, be, and the same is hereby
 8    amended to read as follows:

 9        19-3941.  BAIL PENDING APPEAL. The party appealing may, at any time there-
10    after, if he desires to be released from custody during the  pendency  of  the
11    appeal,  or  desires a stay of proceedings under the judgment until the appeal
12    be disposed of, enter into a recognizance, with two (2) sufficient sureties to
13    be approved by the judge or justice, in an amount to be fixed by the judge  or
14    justice  ,  but  not exceeding one thousand dollars ($l,000) in any case,
15     for the payment of any judgment, fine and costs  that  may  be  awarded
16    against  him on the appeal, and that he will faithfully prosecute the same and
17    render himself in execution of any  judgment  or  order  rendered  or  entered
18    against him in the district court.

Statement of Purpose / Fiscal Impact

    





                         STATEMENT OF PURPOSE
                                RS07911
    
    This legislation strikes the language in 19-3941 that puts a monetary restriction on the amount 
    of bond that can be required of a person convicted of a misdemeanor crime. By striking the 
    $1000.00 bail amount, it gives a judge the discretion to set a bond that accurately reflects the 
    facts and circumstances of the misdemeanor crime. The amendment would also reflect the 
    criminal statutes and victim's rights statutes that have developed that allow for restitution to be 
    awarded against a person convicted of a misdemeanor. This amount can be well in excess of the 
    $1000.00 cap that has been provided by law. This amendment allows the judge to set an 
    appropriate bond pending appeal of the defendant's criminal conviction.
    
    FISCAL NOTE
    
    This amendment would have no fiscal impact.
    
    Contact: Connie Vietz
          #364-2159
    
    S 1424