View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1302................................................by JUDICIARY AND RULES
JUVENILES - CONTROLLED SUBSTANCES - Amends existing law to provide for the
adjudication of offenses pertaining to the use or being under the influence
of controlled substances under the Juvenile Corrections Act.
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 - Dunklin
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 - 64-0-6
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, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Newcomb, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Crow, Hansen, Jones(9), Pischner, Watson,
Mr Speaker
Floor Sponsor - Jaquet
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 69
Effective: 07/01/98
S1302|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1302 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-505, IDAHO CODE, 3 TO PROVIDE FOR THE ADJUDICATION OF OFFENSES PERTAINING TO THE USE OR BEING 4 UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES UNDER THE JUVENILE CORREC- 5 TIONS ACT. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 20-505, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 20-505. JURISDICTION. Subject to the prior jurisdiction of the United 10 States, the court shall have exclusive, original jurisdiction over any juve- 11 nile and over any adult who was a juvenile at the time of any act, omission or 12 status, in the county in which the juvenile resides, or in the county in which 13 the act, omission or status allegedly took place, in the following cases: 14 (1) Where the act, omission or status is prohibited by federal, state, 15 local or municipal law or ordinance by reason of minority only, regardless of 16 where the same occurred; 17 (2) Where the act or omission is a violation of any federal, state, local 18 or municipal law or ordinance which would be a crime if committed by an adult, 19 regardless of where the same occurred, except traffic, watercraft, fish and 20 game, failure to obey a misdemeanor citation and criminal contempt violations. 21 A juvenile violator under the age of fourteen (14) years at the time of the 22 violation may, at the discretion of the court, be treated under the provisions 23 of this chapter; 24 (3) Concerning any juvenile where the juvenile comes under the purview of 25 the interstate compact on juveniles as set forth in chapter 19, title 16, 26 Idaho Code; 27 (4) This chapter shall not apply to juvenile violators of beer, wine or 28 other alcohol and tobacco laws; except that a juvenile violator under the age 29 of fourteen (14) years at the time of the violation may, at the discretion of 30 the court, be treated under the provisions of this chapter; 31 (5) This chapter shall not apply to the violent juvenile offender, as 32 defined in this chapter; 33 (6) This chapter shall not apply to juvenile violators of the provisions 34 of section 18-1502B, Idaho Code, pertaining to the possession and usage of 35 inhalants, or section 18-1502C, Idaho Code, pertaining to the possession of 36 marijuana or paraphernalia,or section 37-2732C, Idaho Code, pertaining37to use or being under the influence of controlled substances,unless 38 the court so orders the juvenile violator to come under the purview of this 39 chapter; 40 (7) This chapter shall not apply to juvenile violators of the provisions 41 of section 18-3302D, Idaho Code, pertaining to the carrying of a concealed 42 weapon on school property.
STATEMENT OF PURPOSE
RS07489
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.
There is a conflict between I.C. § 18-1502C of the criminal
code and I.C § 20-505 of the Juvenile Corrections Act.
Under I.C. § 18-1502C a minor who uses or is under- the influence
of a controlled substance shall be prosecuted and penalized as a
juvenile under the Juvenile Corrections Act unless the court finds that
adjudication under the Juvenile Corrections Act is not appropriate.
On the other hand, I.C. § 20-505(6) of the Juvenile Corrections
Act provides that the Juvenile Corrections Act does not apply to
violations of I.C. § 18-1502C pertaining to the use or being under the
influence of a controlled substance unless the juvenile court finds
that prosecution on of such of offenses under the Juvenile Corrections
Act is appropriate.
Thus the criminal code gives a preference for handling the
offense under the Juvenile Corrections Act, while the Juvenile
Corrections Act states that these offenses should not be handled under
the Juvenile Corrections Act unless there is a specific finding that
it is appropriate.
This bill eliminates the conflict by amending I.C. § 20-505(6) to
remove the language which provides that the Juvenile Corrections Act
does not apply to the possession of or being under the influence of
controlled substance so that these cases will be handled in the
juvenile courts.
FISCAL NOTE
It is anticipated that the costs associated with handling these cases
in the juvenile court will be offset by the savings realized from the
elimination of these offenses from the adult court system such that
there would be an insignificant impact to state or local funds.
Contact:
Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208)334-2246
Statement of Purpose/Fiscal Note S1302