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H0230aa..............................by JUDICIARY, RULES AND ADMINISTRATION
JUVENILES - CONTROLLED SUBSTANCES - Amends existing law to remove the
exemption from the jurisdiction of the Juvenile Corrections Act for the
possession or use of inhalants, the possession of marijuana or
paraphernalia, or using or being under the influence of controlled
substances by juveniles.
02/12 House intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/04 To Gen Ord
03/10 Rpt out amen - to engros
03/11 Rpt engros - 1st rdg - to 2nd rdg as amen
Rules susp - PASSED - 68-0-2
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh,
Linford, Loertscher, Marley, McKague, Montgomery, Mortensen, Moyle,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Mader, Meyer
Floor Sponsor - Gould, Boe
Title apvd - to Senate
03/12 Senate intro - 1st rdg as amen - to Jud
03/15 Rpt out - rec d/p - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Ingram
Title apvd - to House
03/18 To enrol
03/19 Rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/29 Governor signed
Session Law Chapter 388
Effective: 07/01/99
H0230|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 230, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO JUVENILE CORRECTIONS; AMENDING SECTION 20-505, IDAHO CODE, TO 3 REMOVE EXEMPTION FROM THE JURISDICTION OF THE JUVENILE CORRECTIONS ACT FOR 4 THE POSSESSION OR USE OF INHALANTS, THE POSSESSION OF MARIJUANA OR PARA- 5 PHERNALIA OR USING OR BEING UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES 6 BY JUVENILES; AND AMENDING SECTION 18-1502C, IDAHO CODE, TO PROVIDE A SEN- 7 TENCING CITATION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 20-505, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 20-505. JURISDICTION. Subject to the prior jurisdiction of the United 12 States, the court shall have exclusive, original jurisdiction over any juve- 13 nile and over any adult who was a juvenile at the time of any act, omission or 14 status, in the county in which the juvenile resides, or in the county in which 15 the act, omission or status allegedly took place, in the following cases: 16 (1) Where the act, omission or status is prohibited by federal, state, 17 local or municipal law or ordinance by reason of minority only, regardless of 18 where the same occurred; 19 (2) Where the act or omission is a violation of any federal, state, local 20 or municipal law or ordinance which would be a crime if committed by an adult, 21 regardless of where the same occurred, except traffic, watercraft, fish and 22 game, failure to obey a misdemeanor citation and criminal contempt violations. 23 A juvenile violator under the age of fourteen (14) years at the time of the 24 violation may, at the discretion of the court, be treated under the provisions 25 of this chapter; 26 (3) Concerning any juvenile where the juvenile comes under the purview of 27 the interstate compact on juveniles as set forth in chapter 19, title 16, 28 Idaho Code; 29 (4) This chapter shall not apply to juvenile violators of beer, wine or 30 other alcohol and tobacco laws; except that a juvenile violator under the age 31 of fourteen (14) years at the time of the violation may, at the discretion of 32 the court, be treated under the provisions of this chapter; 33 (5) This chapter shall not apply to the violent juvenile offender, as 34 defined in this chapter; 35 (6)This chapter shall not apply to juvenile violators of the pro-36visions of section 18-1502B, Idaho Code, pertaining to the possession and37usage of inhalants, or section 18-1502C, Idaho Code, pertaining to the posses-38sion of marijuana or paraphernalia, unless the court so orders the juvenile39violator to come under the purview of this chapter;40(7)This chapter shall not apply to juvenile violators of the pro- 41 visions of section 18-3302D, Idaho Code, pertaining to the carrying of a con- 42 cealed weapon on school property. 2 1 SECTION 2. That Section 18-1502C, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 18-1502C. POSSESSION OF MARIJUANA OR DRUG PARAPHERNALIA BY A MINOR -- USE 4 OF CONTROLLED SUBSTANCES -- FINES. (1) Any person under eighteen (18) years of 5 age who shall have in his possession any marijuana as defined in section 6 37-2701(s), Idaho Code, which would constitute a misdemeanor for an adult so 7 charged, or who shall have in his possession any drug paraphernalia as defined 8 in section 37-2701(n), Idaho Code, or who shall unlawfully use or be under the 9 influence of controlled substances in violation of the provisions of section 10 37-2732C, Idaho Code, shall be guilty of a misdemeanor, and upon conviction, 11 may be punished by a fine not in excess of one thousand dollars ($1,000) or by 12 ninety (90) days in a juvenile detention facility or by both or may be subject 13 to the provisions of chapter 5, title 20, Idaho Code. If the juvenile is adju- 14 dicated under the provisions of chapter 5, title 20, Idaho Code, for a viola- 15 tion of this section he shall be sentenced in accordance with the provisions 16 ofthis sectionchapter 5, title 20, Idaho Code . 17 The juvenile shall be adjudicated under chapter 5, title 20, Idaho Code, for a 18 violation of section 37-2732C, Idaho Code, unless the court finds that adjudi- 19 cation under chapter 5, title 20, Idaho Code, is not appropriate in the cir- 20 cumstances. 21 (2) A conviction under this section shall not be used as a factor or con- 22 sidered in any manner for the purpose of establishing rates of motor vehicle 23 insurance charged by a casualty insurer, nor shall such conviction be grounds 24 for nonrenewal of any insurance policy as provided in section 41-2507, Idaho 25 Code. 26 (3) Any person who pleads guilty or is found guilty of possession of mar- 27 ijuana pursuant to this section, or who pleads guilty or is found guilty of a 28 violation of section 37-2732C, Idaho Code, then in addition to the penalty 29 provided in subsection (1) of this section: 30 (a) The court shall suspend the person's driving privileges for a period 31 of not more than one (1) year. The person may request restricted driving 32 privileges during the period of suspension, which the court may allow, if 33 the person shows by a preponderance of the evidence that driving privi- 34 leges are necessary as deemed appropriate by the court. 35 (b) If the person's driving privileges have been previously suspended 36 under this section, the court shall suspend the person's driving privi- 37 leges for a period of not more than two (2) years. The person may request 38 restricted driving privileges during the period of suspension, which the 39 court may allow, if the person shows by a preponderance of the evidence 40 that driving privileges are necessary as deemed appropriate by the court. 41 (c) The person shall surrender his license or permit to the court. 42 (d) The court shall notify the motor vehicle division of the Idaho trans- 43 portation department of all orders of suspension it issues pursuant to 44 this section. 45 (4) The court, in its discretion, may also order the person convicted of 46 possession of marijuana under subsection (1) of this section, or convicted of 47 using or being under the influence of a controlled substance in violation of 48 section 37-2732C, Idaho Code, to undergo and complete a substance abuse evalu- 49 ation and to complete a drug treatment program, as provided in section 50 37-2738(2), Idaho Code.
AH0230|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Gould Seconded by Boe IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 230 1 AMENDMENT TO THE BILL 2 On page 1 of the printed bill, following line 41, insert: 3 "SECTION 2. That Section 18-1502C, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 18-1502C. POSSESSION OF MARIJUANA OR DRUG PARAPHERNALIA BY A MINOR -- USE 6 OF CONTROLLED SUBSTANCES -- FINES. (1) Any person under eighteen (18) years of 7 age who shall have in his possession any marijuana as defined in section 8 37-2701(s), Idaho Code, which would constitute a misdemeanor for an adult so 9 charged, or who shall have in his possession any drug paraphernalia as defined 10 in section 37-2701(n), Idaho Code, or who shall unlawfully use or be under the 11 influence of controlled substances in violation of the provisions of section 12 37-2732C, Idaho Code, shall be guilty of a misdemeanor, and upon conviction, 13 may be punished by a fine not in excess of one thousand dollars ($1,000) or by 14 ninety (90) days in a juvenile detention facility or by both or may be subject 15 to the provisions of chapter 5, title 20, Idaho Code. If the juvenile is adju- 16 dicated under the provisions of chapter 5, title 20, Idaho Code, for a viola- 17 tion of this section he shall be sentenced in accordance with the provisions 18 ofthis sectionchapter 5, title 20, Idaho Code . 19 The juvenile shall be adjudicated under chapter 5, title 20, Idaho Code, for a 20 violation of section 37-2732C, Idaho Code, unless the court finds that adjudi- 21 cation under chapter 5, title 20, Idaho Code, is not appropriate in the cir- 22 cumstances. 23 (2) A conviction under this section shall not be used as a factor or con- 24 sidered in any manner for the purpose of establishing rates of motor vehicle 25 insurance charged by a casualty insurer, nor shall such conviction be grounds 26 for nonrenewal of any insurance policy as provided in section 41-2507, Idaho 27 Code. 28 (3) Any person who pleads guilty or is found guilty of possession of mar- 29 ijuana pursuant to this section, or who pleads guilty or is found guilty of a 30 violation of section 37-2732C, Idaho Code, then in addition to the penalty 31 provided in subsection (1) of this section: 32 (a) The court shall suspend the person's driving privileges for a period 33 of not more than one (1) year. The person may request restricted driving 34 privileges during the period of suspension, which the court may allow, if 35 the person shows by a preponderance of the evidence that driving privi- 36 leges are necessary as deemed appropriate by the court. 37 (b) If the person's driving privileges have been previously suspended 38 under this section, the court shall suspend the person's driving privi- 39 leges for a period of not more than two (2) years. The person may request 40 restricted driving privileges during the period of suspension, which the 41 court may allow, if the person shows by a preponderance of the evidence 42 that driving privileges are necessary as deemed appropriate by the court. 43 (c) The person shall surrender his license or permit to the court. 2 1 (d) The court shall notify the motor vehicle division of the Idaho trans- 2 portation department of all orders of suspension it issues pursuant to 3 this section. 4 (4) The court, in its discretion, may also order the person convicted of 5 possession of marijuana under subsection (1) of this section, or convicted of 6 using or being under the influence of a controlled substance in violation of 7 section 37-2732C, Idaho Code, to undergo and complete a substance abuse evalu- 8 ation and to complete a drug treatment program, as provided in section 9 37-2738(2), Idaho Code.". 10 CORRECTION TO TITLE 11 On page 1, in line 6, following "JUVENILES" insert: "; AND AMENDING SEC- 12 TION 18-1502C, IDAHO CODE, TO PROVIDE A SENTENCING CITATION".
STATEMENT OF PURPOSE
RS08919
This amendment to Idaho Code 20-505 by the removal of the
exemption from the jurisdiction of the Juvenile Corrections Act for
juvenile violators of the provisions of 18-1502B Idaho Code,
pertaining to the possession and usage of inhalants, or 18-1502C,
Idaho Code, pertaining to the possession of marijuana or
paraphernalia, or 37-2732, Idaho Code, pertaining to use or being
under the influence of controlled substances is necessary in order
to allow the juvenile justice system to intervene earlier in the
process of dealing with substance abuse by juveniles. Early
intervention may prevent further criminal conduct by the juvenile,
or alert juvenile justice professionals of a child at risk.
FISCAL NOTE
No impact to state budgets is anticipated.
CONTACT: Brent Reinke, Director, Dept. of Juvenile Corrections
(208) 334-5100, ext. 102
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 230