1998 Legislation
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SENATE BILL NO. 1531 – Juveniles, certn offense, juv court

SENATE BILL NO. 1531

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S1531................................................by JUDICIARY AND RULES
JUVENILES - Amends and adds to existing law to provide that the juvenile
court shall have jurisdiction over juveniles charged with the possession
and use of inhalants, the possession of marijuana or drug paraphernalia,
the unlawful use of controlled substances and carrying weapons or firearms
on school property and to authorize the issuance of citations for these
offenses.

03/02    Senate intro - 1st rdg - to printing
03/03    Rpt prt - to Jud

Bill Text


S1531


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

                                      IN THE SENATE

                                   SENATE BILL NO. 1531

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT
 2    RELATING TO JUVENILE CORRECTIONS; AMENDING SECTION 18-1502B,  IDAHO  CODE,  TO
 3        PROVIDE  THAT  A JUVENILE CHARGED WITH THE POSSESSION AND USE OF INHALANTS
 4        SHALL BE ADJUDICATED UNDER THE JUVENILE CORRECTIONS ACT,  TO  PROVIDE  FOR
 5        THE  ISSUANCE  OF A CITATION FOR THE OFFENSE AND TO MAKE TECHNICAL CORREC-
 6        TIONS; AMENDING SECTION 18-1502C, IDAHO CODE, TO PROVIDE THAT  A  JUVENILE
 7        CHARGED  WITH  POSSESSION  OF  MARIJUANA  OR DRUG PARAPHERNALIA OR FOR THE
 8        UNLAWFUL USE OF CONTROLLED SUBSTANCES SHALL BE ADJUDICATED UNDER THE JUVE-
 9        NILE CORRECTIONS ACT AND TO PROVIDE FOR THE ISSUANCE OF A CITATION FOR  AN
10        OFFENSE  UNDER THE SECTION; AMENDING SECTION 18-3302D, IDAHO CODE, TO PRO-
11        VIDE THAT A MINOR CHARGED WITH CARRYING  WEAPONS  OR  FIREARMS  ON  SCHOOL
12        PROPERTY  SHALL  BE  ADJUDICATED UNDER THE JUVENILE CORRECTIONS ACT AND TO
13        PROVIDE FOR THE ISSUANCE OF A CITATION FOR THE OFFENSE;  AMENDING  SECTION
14        20-505, IDAHO CODE, TO PROVIDE THAT THE COURT SHALL HAVE JURISDICTION OVER
15        JUVENILES CHARGED WITH THE POSSESSION AND USE OF INHALANTS, THE POSSESSION
16        OF  MARIJUANA  OR  DRUG PARAPHERNALIA, THE UNLAWFUL USE OF CONTROLLED SUB-
17        STANCES AND CARRYING WEAPONS OR FIREARMS ON SCHOOL PROPERTY; AMENDING SEC-
18        TION 20-520, IDAHO CODE,  TO  PROVIDE  THAT  THE  COURT  SHALL  SUSPEND  A
19        JUVENILE'S  DRIVING  PRIVILEGES FOR OFFENSES UNDER SECTION 18-1502C, IDAHO
20        CODE, AS PROVIDED IN THAT SECTION, TO PROVIDE FOR THE ASSESSMENT  OF  FEES
21        AND  CHARGES  FOR  CITATIONS ISSUED AND TO MAKE TECHNICAL CORRECTIONS; AND
22        AMENDING CHAPTER 5, TITLE 20, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
23        20-543, IDAHO CODE, TO PROVIDE FOR THE ISSUANCE OF A CITATION TO  A  JUVE-
24        NILE  FOR  SPECIFIED  OFFENSES, TO PROVIDE THE PROCEDURE FOR ISSUANCE OF A
25        CITATION AND TO PROVIDE THE EFFECT OF A CITATION.

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

27        SECTION 1.  That Section 18-1502B, Idaho Code, be, and the same is  hereby
28    amended to read as follows:

29        18-1502B.  POSSESSION  OF INHALANTS BY MINORS. Whenever a person under the
30    age of eighteen (18) years is in possession and uses an aerosol spray  product
31    or  other inhalant, that is not used pursuant to the instructions or prescrip-
32    tion of a licensed health care provider or that is not used  pursuant  to  the
33    manufacturer's  label  instructions,  for  the  purpose  of becoming under the
34    influence of such substance; such person shall be   guilty  of  a  misde-
35    meanor,  and upon conviction, may be punished by a fine not in excess of three
36    hundred dollars ($300), or by thirty (30) days in a juvenile detention  facil-
37    ity  or by both or may be subject to   adjudicated under  the
38    provisions  of  chapter    18    5  ,  title     16
39      20 , Idaho Code.  A peace officer may issue a citation
40    to a juvenile for an offense under the provisions of this section providing  a
41    date  certain  for  the  appearance of the juvenile and the juvenile's parent,
42    legal guardian or other person having custody or control of  the  juvenile  in
43    juvenile court. The citation shall be issued in the manner provided in section


                                          2

 1    20-543, Idaho Code. 
 2        For  the  purposes  of  this  section, the term "inhalant" means any glue,
 3    cement or other substance containing one (1) or more of the following chemical
 4    compounds:  acetone and  acetate,  amyl  nitrite  or  amyl  nitrate  or  their
 5    isomers,  benzene,  butyl  alcohol,  butyl  nitrite,  butyl  nitrate  or their
 6    isomers, ethyl alcohol, ethyl nitrite or ethyl nitrate,  ethylene  dichloride,
 7    isobutyl  alcohol,  methyl  alcohol,  methyl  ethyl  ketone, n-propyl alcohol,
 8    pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or  their
 9    isomers,  toluene  or xylene or other  chemical substance capable of causing a
10    condition  of  intoxication,  inebriation,  excitement,  stupefaction  or  the
11    dulling of the brain or nervous system as a result of the  inhalation  of  the
12    fumes or vapors of such chemical substance.

13        SECTION  2.  That Section 18-1502C, Idaho Code, be, and the same is hereby
14    amended to read as follows:

15        18-1502C.  POSSESSION OF MARIJUANA OR DRUG PARAPHERNALIA BY A MINOR -- USE
16    OF CONTROLLED SUBSTANCES .   -- FINES.  (1)  Any  person
17    under  eighteen  (18)  years of age who shall have in his possession any mari-
18    juana as defined in section 37-2701(s), Idaho Code, which would  constitute  a
19    misdemeanor  for  an adult so charged, or who shall have in his possession any
20    drug paraphernalia as defined in section 37-2701(n), Idaho Code, or who  shall
21    unlawfully use or be under the influence of controlled substances in violation
22    of  the provisions of section 37-2732C, Idaho Code, shall be  guilty of a
23    misdemeanor, and upon conviction, may be punished by a fine not in  excess  of
24    one  thousand  dollars ($1,000) or by ninety (90) days in a juvenile detention
25    facility or by both or may be subject to   adjudicated under 
26    the provisions of chapter 5, title 20, Idaho Code.  If  the  juvenile  is
27    adjudicated  under  the  provisions  of chapter 5, title 20, Idaho Code, for a
28    violation of this section he shall be sentenced in accordance with the  provi-
29    sions  of  this  section.  The  juvenile shall be adjudicated under chapter 5,
30    title 20, Idaho Code, for a violation of section 37-2732C, Idaho Code,  unless
31    the  court  finds  that adjudication under chapter 5, title 20, Idaho Code, is
32    not appropriate in the circumstances. 
33        (2)  A  conviction     finding  that  the  juvenile  comes
34    within  the  purview of chapter 5, title 20, Idaho Code, for an offense 
35    under this section shall not be used as a factor or considered in  any  manner
36    for  the purpose of establishing rates of motor vehicle insurance charged by a
37    casualty insurer, nor shall  such conviction   the same 
38    be grounds for nonrenewal of any  insurance  policy  as  provided  in  section
39    41-2507, Idaho Code.
40        (3)    Any  person who pleads guilty or is found guilty of possession
41    of marijuana pursuant to this section, or who pleads guilty or is found guilty
42    of a violation of section 37-2732C, Idaho Code, then in addition to  the  pen-
43    alty  provided  in subsection (1) of this section   If the juvenile
44    court finds that the juvenile comes within the purview of chapter 5, title 20,
45    Idaho Code, for an offense under this section, in  addition  to  any  sentence
46    which the court may impose under section 20-520, Idaho Code :
47        (a)  The  court shall suspend the person's driving privileges for a period
48        of not more than one (1) year. The person may request  restricted  driving
49        privileges  during the period of suspension, which the court may allow, if
50        the person shows by a preponderance of the evidence  that  driving  privi-
51        leges are necessary as deemed appropriate by the court.
52        (b)  If  the  person's  driving  privileges have been previously suspended
53        under this section, the court shall suspend the  person's  driving  privi-


                                          3

 1        leges  for a period of not more than two (2) years. The person may request
 2        restricted driving privileges during the period of suspension,  which  the
 3        court  may  allow,  if the person shows by a preponderance of the evidence
 4        that driving privileges are necessary as deemed appropriate by the court.
 5        (c)  The person shall surrender his license or permit to the court.
 6        (d)  The court shall notify the motor vehicle division of the Idaho trans-
 7        portation department of all orders of suspension  it  issues  pursuant  to
 8        this section.
 9        (4)  The  court,  in  its discretion, may also order the  person con-
10    victed  of possession of marijuana under subsection (1) of  this  section,  or
11    convicted  of  using or being under the influence of a controlled substance in
12    violation of section 37-2732C, Idaho Code,     juvenile    to
13    undergo  and  complete  a  substance  abuse  evaluation and to complete a drug
14    treatment program, as provided in section 37-2738(2), Idaho Code.
15         (5)  A peace officer may issue a  citation  to  a  juvenile  for  an
16    offense  under the provisions of this section providing a date certain for the
17    appearance of the juvenile and the juvenile's parent, legal guardian or  other
18    person  having custody or control of the juvenile in juvenile court. The cita-
19    tion shall be issued in the manner provided in  section  20-543,  Idaho  Code.
20    

21        SECTION  3.  That Section 18-3302D, Idaho Code, be, and the same is hereby
22    amended to read as follows:

23        18-3302D.  CARRYING WEAPONS OR FIREARMS ON SCHOOL PROPERTY. (1)  It  shall
24    be  unlawful  and is a misdemeanor  for any person under the age of
25    twenty-one (21) to carry a firearm, dirk knife,  bowie  knife,  dagger,  metal
26    knuckles  or  other deadly or dangerous weapon on or about his person while on
27    the property of a public or private elementary or secondary school or in those
28    portions of any building, stadium or other structure on school  grounds  which
29    were, at the time of the violation, being used for an activity sponsored by or
30    through  such a school in this state or while riding school provided transpor-
31    tation. Provisions of this section shall not apply to persons in private vehi-
32    cles delivering children to and from school or school activities.    Per-
33    sons  who  are      Any  person eighteen (18) years of age or older
34     found guilty of violating the provisions of this section  shall be
35    guilty of a misdemeanor and  may be sentenced to a jail term of not more
36    than one (1) year,  or if a minor, not in excess of  one  hundred  twenty
37    (120)  days in a juvenile detention facility,  or fined an amount not in
38    excess of one thousand dollars ($1,000) or both.  A minor charged with an
39    offense under this section shall be adjudicated under the provisions of  chap-
40    ter  5,  title 20, Idaho Code.  Additionally, the board of trustees of a
41    school district shall expel any person violating the provisions of  this  sec-
42    tion  if  the  violator is a student. The school shall immediately suspend the
43    student pursuant to the provisions of section 33-205, Idaho Code. If a  viola-
44    tor  is a student and under the age of eighteen (18)  years , 
45    in addition to any other sentence which the court  may  impose  under  section
46    20-520,  Idaho  Code,  the court may place the violator on probation and
47    suspend  the   any  juvenile detention  or fine  or
48    both   imposed  as long as the violator is enrolled in a pro-
49    gram  of  study recognized by the court that, upon successful completion, will
50    grant the violator a general  equivalency  diploma  (GED)  or  a  high  school
51    diploma  or other educational program authorized by the court. Upon successful
52    completion of the terms imposed by the court, the court  shall  discharge  the
53    offender  from serving the remainder of the sentence. If the violator does not


                                          4

 1    complete, is suspended from or otherwise withdraws from the program  of  study
 2    imposed  by the court, the court, upon receiving such information, shall order
 3    the violator to commence serving the sentence  provided for in this  sec-
 4    tion    imposed by the court under chapter 5, title 20, Idaho Code.
 5    A peace officer may issue a citation to a minor for an offense under the  pro-
 6    visions  of  this  section  providing a date certain for the appearance of the
 7    minor and the minor's parent, legal guardian or other person having custody or
 8    control of the juvenile in juvenile court.  The citation shall  be  issued  in
 9    the manner provided in section 20-543, Idaho Code .
10        (2)  For  purposes  of enforcing the provisions of this section, employees
11    of a school district shall be deemed to have the right to search all  students
12    or  minors,   their belongings and lockers which are reasonably believed to be
13    in violation of the provisions of this section regarding  the  carrying  of  a
14    firearm,  dirk  knife,  bowie knife, dagger, metal knuckles or other deadly or
15    dangerous weapon. A person shall not be deemed to be in violation of the  pro-
16    visions  of  this  section if he is carrying a firearm as part of the require-
17    ments for a hunter safety course offered by or approved  by  the  school  dis-
18    trict,  or  if the person is carrying a firearm while under the supervision of
19    the school district or an employee thereof authorized to give such permission,
20    or if the person is carrying the firearm pursuant to a requirement of  law  or
21    in compliance with law.
22        (3)  As used in this section:
23        (a)  "Deadly  or  dangerous weapon" means any weapon as defined in federal
24        law in section 921 of title 18 of the United States Code.
25        (b)  "Firearm" means a pistol, revolver or other firearm  designed  to  be
26        fired with the use of a single hand.
27        (c)  "Minor" means a person under the age of eighteen (18) years.

28        SECTION  4.  That  Section  20-505, Idaho Code, be, and the same is hereby
29    amended to read as follows:

30        20-505.  JURISDICTION. Subject to the prior  jurisdiction  of  the  United
31    States,  the  court shall have exclusive, original jurisdiction over any juve-
32    nile and over any adult who was a juvenile at the time of any act, omission or
33    status, in the county in which the juvenile resides, or in the county in which
34    the act, omission or status allegedly took place, in the following cases:
35        (1)  Where the act, omission or status is prohibited  by  federal,  state,
36    local  or municipal law or ordinance by reason of minority only, regardless of
37    where the same occurred;
38        (2)  Where the act or omission is a violation of any federal, state, local
39    or municipal law or ordinance which would be a crime if committed by an adult,
40    regardless of where the same occurred, except traffic,  watercraft,  fish  and
41    game, failure to obey a misdemeanor citation and criminal contempt violations.
42    A  juvenile  violator  under the age of fourteen (14) years at the time of the
43    violation may, at the discretion of the court, be treated under the provisions
44    of this chapter;
45        (3)  Concerning any juvenile where the juvenile comes under the purview of
46    the interstate compact on juveniles as set forth  in  chapter  19,  title  16,
47    Idaho Code;
48        (4)  This  chapter  shall not apply to juvenile violators of beer, wine or
49    other alcohol and tobacco laws; except that a juvenile violator under the  age
50    of  fourteen (14) years at the time of the violation may, at the discretion of
51    the court, be treated under the provisions of this chapter;
52        (5)  This chapter shall not apply to the  violent  juvenile  offender,  as
53    defined in this chapter ; 


                                          5

 1          (6)  This chapter shall not apply to juvenile violators of the pro-
 2    visions of section 18-1502B, Idaho Code,  pertaining  to  the  possession  and
 3    usage of inhalants, or section 18-1502C, Idaho Code, pertaining to the posses-
 4    sion  of marijuana or paraphernalia, or section 37-2732C, Idaho Code, pertain-
 5    ing to use or being under the influence of controlled substances,  unless  the
 6    court  so orders the juvenile violator to come under the purview of this chap-
 7    ter;
 8        (7)  This chapter shall not apply to juvenile violators of the  provisions
 9    of  section  18-3302D,  Idaho  Code, pertaining to the carrying of a concealed
10    weapon on school property .

11        SECTION 5.  That Section 20-520, Idaho Code, be, and the  same  is  hereby
12    amended to read as follows:

13        20-520.  SENTENCING.  (1)  Upon the entry of an order finding the juvenile
14    is within the purview of the act, the court shall then hold a sentencing hear-
15    ing in the manner prescribed by the Idaho juvenile rules to determine the sen-
16    tence that will promote accountability, competency development  and  community
17    protection.  Prior  to the entry of an order disposing of the case, other than
18    an order of discharge or dismissal, the court shall request and shall  receive
19    a  report containing the results of an inquiry into the home environment, past
20    history, competency development, prevention or out of home placement  services
21    provided,  and  the social, physical and mental condition of the juvenile. The
22    court shall not consider or review the report prior to the entry of  an  order
23    of  adjudication.  Upon  presentation  and  consideration of the report by the
24    court, the court may proceed to sentence the juvenile as follows:
25        (a)  Place the juvenile on formal probation for a  period  not  to  exceed
26        three (3) years from the date of the order;
27        (b)  Sentence  the juvenile to detention pursuant to this act for a period
28        not to exceed thirty (30) days for each act, omission or status  which  is
29        prohibited  by  the federal, state, local or municipal law or ordinance by
30        reason of minority only. The sentence shall not  be  executed  unless  the
31        act,  omission  or  status  is in violation of section 922(x) of title 18,
32        United States Code, or the court finds that the juvenile has violated  the
33        court's decree imposing the sentence as provided below.
34             If  the  court,  after  notice and hearing, finds that a juvenile has
35        violated the court's decree imposing the sentence under circumstances that
36        brings the violation under the valid court order exception of the  federal
37        juvenile  justice  and delinquency prevention act of 1974, as amended, the
38        court may commit the juvenile to detention for  the  period  of  detention
39        previously imposed at sentencing;
40        (c)  Commit  the  juvenile to a period of detention, pursuant to this act,
41        for a period of time not to exceed ninety (90) days for each  unlawful  or
42        criminal  act  the juvenile is found to have committed, if the unlawful or
43        criminal act would be a misdemeanor if committed by an adult, or where the
44        juvenile has been adjudicated as an habitual status offender;
45        (d)  If the juvenile has committed an unlawful or criminal act which would
46        be a felony if committed by an adult, the court may commit the juvenile to
47        detention for a period not to exceed one hundred  eighty  (180)  days  for
48        each unlawful or criminal act;
49        (e)  Whenever a court commits a juvenile to a period of detention it shall
50        notify  the  school  district  where the detention facility is located. No
51        juvenile who is found to come within the purview of the act for  the  com-
52        mission  of  a  status  offense  shall be sentenced to detention in a jail
53        facility unless an adjudication has been made  that  the  juvenile  is  an


                                          6

 1        habitual status offender;
 2        (f)  Commit the juvenile to detention and suspend the sentence on specific
 3        probationary conditions;
 4        (g  h )  The court may suspend or restrict the juvenile's driv-
 5        ing privileges for such periods of time as the court deems necessary,  and
 6        the  court  may  take  possession  of the juvenile's driver's license. The
 7        juvenile may request restricted driving privileges during a period of sus-
 8        pension, which the court may allow if the juvenile shows by  a  preponder-
 9        ance  of evidence that driving privileges are necessary for his employment
10        or for family health needs . The court shall suspend  the  juvenile's
11        driving  privileges  for an offense under section 18-1502C, Idaho Code, as
12        provided in that section ;
13        ( ig  h )  The court may order that the juvenile  be
14        examined or treated by a physician, surgeon, psychiatrist or psychologist,
15        or  that he receive other special care, or that he submit to an alcohol or
16        drug evaluation, if needed, and for such purposes may place  the  juvenile
17        in a hospital or other suitable facility;
18        (  jh  i )  In support  of an order under the provi-
19        sions of this section, the court may  make  an  additional  order  setting
20        forth  reasonable conditions to be complied with by the parents, the juve-
21        nile, his legal guardian or custodian, or any other person  who  has  been
22        made  a  party to the proceedings, including, but not limited to, restric-
23        tions on visitation by the parents or one (1) parent, restrictions on  the
24        juvenile's  associates,  occupation and other activities, and requirements
25        to be observed by the parents, guardian or custodian;
26        ( ki  j )  The court may make any  other  reasonable
27        order which is in the best interest of the juvenile or is required for the
28        protection  of the public, except that no person under the age of eighteen
29        (18) years may be committed to jail, prison or  a  secure  facility  which
30        does  not  meet  the  standards  set  forth in section 20-518, Idaho Code,
31        unless jurisdiction over the individual is in the process of being  waived
32        or  has  been waived pursuant to section 20-508 or 20-509, Idaho Code. The
33        court may combine several of the above-listed modes of  disposition  where
34        they are compatible;
35        (  lj    k  )  An order under the provisions of this
36        section for probation or placement of a juvenile with an individual or  an
37        agency may provide a schedule for review of the case by the court;
38        (  mk  l )  Order the proceeding expanded or altered
39        to include consideration of the cause pursuant to chapter  16,  title  16,
40        Idaho Code;
41        (  nl    m  )  Order  the case and all documents and
42        records connected therewith transferred to the magistrate division of  the
43        district  court for the county where the juvenile and/or parents reside if
44        different than the county where the juvenile was charged and found to have
45        committed the unlawful or criminal act, for the entry of  a  dispositional
46        order;
47        (  om  n )  Order such other terms, conditions, care
48        or treatment as appears to the court will best serve the interests of  the
49        juvenile and the community;
50        (  pn    o  )  The  court  shall assess a ten dollar
51        ($10.00) charge against the juvenile for every  petition  filed    or
52        citation issued  where there has been an adjudication that the juve-
53        nile  is within the purview of this chapter. All moneys raised pursuant to
54        this subsection shall be transmitted by the court for deposit in the juve-
55        nile corrections account which is created in section 20-542, Idaho Code;


                                          7

 1        ( qo  p )  Additionally, the court  shall  assess  a
 2        fee  of  sixty cents (60[) per hour of community service against the juve-
 3        nile for every petition filed  or citation issued  where  there
 4        has  been  an adjudication that the juvenile is within the purview of this
 5        chapter and the court is ordering community service.  Such fee  is  to  be
 6        remitted  by the court to the state insurance fund for purposes of provid-
 7        ing worker's compensation insurance for persons performing community  ser-
 8        vice pursuant to this chapter;
 9        (  p   q )  Commit the juvenile to the legal custody
10        of the department of juvenile corrections for an indeterminate  period  of
11        time  not  to exceed the juvenile's twenty-first birthday, unless extended
12        jurisdiction is necessary  to  complete  the  competency  development  and
13        accountability goals of the department;
14        (r)  Notwithstanding  any other provision of this section, a court may not
15        commit a juvenile offender under the age of ten (10) years to a period  of
16        detention  or to the custody of the department of juvenile corrections for
17        placement in secure confinement.
18        (2)  When an order is entered pursuant to this section, the juvenile shall
19    be transported to the facility or program so designated by the  court  or  the
20    department,  as  applicable,  by  the sheriff of the county where the juvenile
21    resides or is committed, or by an appointed agent. When committing a  juvenile
22    to  the  department, or another entity, the court shall at once forward to the
23    department or entity a certified copy of the order of commitment.
24        (3)  Unless the court determines that an order  of  restitution  would  be
25    inappropriate  or  undesirable,  it shall order the juvenile or his parents or
26    both to pay restitution to or make whole any victim who  suffers  an  economic
27    loss  as  a  result of the juvenile's conduct in accordance with the standards
28    and requirements of sections 19-5304 and 19-5305, Idaho Code.  The  amount  of
29    restitution which may be ordered by the court shall not be subject to the lim-
30    itations of section 6-210, Idaho Code.
31        (4)  Any  parent,  legal  guardian or custodian violating any order of the
32    court entered against the person under the provisions of this chapter shall be
33    subject to contempt proceedings under the provisions of chapter  6,  title  7,
34    Idaho Code.

35        SECTION  6.  That  Chapter  5,  Title  20, Idaho Code, be, and the same is
36    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
37    known and designated as Section 20-543, Idaho Code, and to read as follows:

38        20-543.  ISSUANCE OF CITATION. (1) A peace officer may issue a citation to
39    a juvenile for a violation of section 18-1502B, Idaho Code, pertaining to  the
40    possession  or  use  of inhalants, section 18-1502C, Idaho Code, pertaining to
41    the possession of marijuana or drug  paraphernalia,  section  37-2732C,  Idaho
42    Code,  pertaining  to  unlawful use or being under the influence of controlled
43    substances, or section 18-3302D, Idaho Code, pertaining to the carrying  of  a
44    concealed  weapon  on school property. The issuance of the citation shall have
45    the same effect as the filing of a petition and shall subject the juvenile  to
46    the jurisdiction of the court under the provisions of this chapter.
47        (2)  The  citation  shall be issued on the Idaho uniform citation form and
48    shall provide a date certain for the appearance before the court of the  juve-
49    nile  and the juvenile's parent, legal guardian or other person having custody
50    or control of the juvenile. The  peace  officer  issuing  the  citation  shall
51    detain  the  juvenile and at the time the citation is issued shall make a rea-
52    sonable effort to obtain the  endorsement  of  the  juvenile's  parent,  legal
53    guardian  or  custodian on the citation. If the endorsement of a parent, legal


                                          8

 1    guardian, or custodian cannot be obtained  with  the  exercise  of  reasonable
 2    diligence, the peace officer shall hand deliver or mail a copy of the citation
 3    to  the  juvenile's  parent,  legal guardian or other person having custody or
 4    control of the juvenile at least seven (7) days prior to the date set for  the
 5    juvenile's appearance.
 6        (3)  The  endorsement  on  or  receipt  of  a  copy of the citation by the
 7    juvenile's parent, legal guardian or custodian shall subject the parent, legal
 8    guardian or custodian to the jurisdiction of the court for all purposes autho-
 9    rized under this chapter. If  the  peace  officer  is  unable  to  obtain  the
10    endorsement  and  the  parent,  legal guardian or custodian does not receive a
11    copy of the citation, the court may order that the parent, legal  guardian  or
12    custodian be notified of  the citation in such manner as it may direct. Upon a
13    finding  that  the juvenile comes under the purview of this chapter, the court
14    shall have jurisdiction over the juvenile's parent, legal guardian  or  custo-
15    dian as provided in sections 20-520 and 20-522, Idaho Code.

Statement of Purpose / Fiscal Impact


    





                           STATEMENT OF PURPOSE
    
                                 RS 08155
    
    This is to amend the law to have offenses that are found 
    under 20-505 sections 6 and 7 come under the purview of the 
    juvenile corrections act, with jurisdiction in the juvenile 
    court instead of magistrate court, allowing these offenses to 
    be prosecuted by citations as well as by petition or through 
    diversion. There is greater accountability, quicker trial and 
    sentencing hearings, and more programming to prevent further 
    unlawful behavior along with probation supervision.
    
                               FISCAL NOTE
    
    NONE
    
    CONTACT: Nancy Duncanson
             (208) 364-3008
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    S 1531