Print Friendly SENATE BILL NO. 1424 – Bail, limitation deleted, when
SENATE BILL NO. 1424
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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
Absent and excused--Twiggs
Floor Sponsor - Boatright
Title apvd - to House
02/23 House intro - 1st rdg - to Jud
|||| 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
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.
This amendment would have no fiscal impact.
Contact: Connie Vietz