1998 Legislation
Print Friendly

SENATE BILL NO. 1305 – Magistrates, complaints, arrests

SENATE BILL NO. 1305

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


S1305


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

                                      IN 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 OF  PERSON 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  magistrate    of    
16    alleging facts constituting  the commission of a public offense, triable
17    within  the county,  he must examine, under oath, the person lodging such
18    complaint, and the written complaint, so lodged,  shall  be  subscribed  under
19    oath  by the party or parties lodging the same   and 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 the   A  magis-
27    trate    is  satisfied  therefrom that the offense complained of has been
28    committed, and   may issue a warrant for the arrest of the  defend-
29    ant  only  after  making a determination  that there is  reasonable
30    ground   probable cause  to believe that  an offense has
31    been committed and that    the  defendant    has    committed
32    it , he must issue a warrant of arrest .

Statement of Purpose / Fiscal Impact


                            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