1999 Legislation
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SENATE BILL NO. 1041 – Kidnap/juvenile commit/tried/adult


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Daily Data Tracking History

S1041aaH.............................................by JUDICIARY AND RULES
KIDNAPPING - Amends existing law to add kidnapping to the list of crimes
for which juveniles may be proceeded against as adults.

01/25    Senate intro - 1st rdg - to printing
01/26    Rpt prt - to Jud
02/09    Rpt out - rec d/p - to 2nd rdg
02/10    2nd rdg - to 3rd rdg
02/16    3rd rdg - PASSED - 29-0-6
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Geddes, Hawkins,
      Ingram, Keough, King, Lee, McLaughlin, Parry, Richardson, Riggs,
      Risch, Sandy, Schroeder, Stegner, Thorne, Wheeler, Whitworth
      Absent and excused--Frasure, Ipsen, Noh, Sorensen, Stennett, Twiggs
    Floor Sponsor - King
    Title apvd - to House
02/17    House intro - 1st rdg - to Jud
03/12    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/16    To Gen Ord
03/17    Rpt out amen - to 1st rdg as amen
03/18    1st rdg - to 2nd rdg as amen
    Rules susp - PASSED - 63-0-7
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
      Callister, Campbell, Chase, Clark, Cuddy, Deal, Denney, Ellsworth,
      Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Hansen(29),
      Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
      Limbaugh, Linford, Loertscher, Mader, Marley, McKague, Meyer(Duncan),
      Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
      Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson, Wheeler,
      Williams, Wood, Mr Speaker
      NAYS -- None
      Absent and excused -- Black, Crow, Field(13), Gould, Henbest,
      Montgomery, Zimmermann
    Floor Sponsor - Smith
    Title apvd - to Senate
03/19    Senate did not concur in House amens - ret'd to Jud

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                                   SENATE BILL NO. 1041

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT

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

 6        SECTION 1.  That Section 20-509, Idaho Code, be, and the  same  is  hereby
 7    amended to read as follows:

 9    AND OFFENDERS. (1) Any juvenile, age fourteen (14) years to age eighteen  (18)
10    years,  who  is  alleged  to have committed any of the following crimes or any
11    person under age fourteen (14)  years  who is alleged to have  com-
12    mitted  any  of  the  following  crimes and, pursuant to section 20-508, Idaho
13    Code, has been ordered by the court to be held for adult criminal proceedings:
14        (a)  Murder of any degree or attempted murder;
15        (b)  Robbery;
16        (c)  Rape, but excluding statutory rape;
17        (d)  Forcible sexual penetration by the use of a foreign object;
18        (e)  Infamous crimes against nature, committed by force or violence;
19        (f)  Mayhem;
20        (g)   Kidnapping; 
21         (h)   Assault or battery with the intent to commit any of  the
22        above serious felonies;
23        (  h   i )  A violation of the provisions of section
24        37-2732(a)(1)(A), (B) or (C) ,  Idaho Code, when the  violation
25        occurred  on  or  within  one thousand (1,000) feet of the property of any
26        public or private primary or secondary school, or in those portions of any
27        building, park, stadium or other structure or grounds which were,  at  the
28        time  of the violation, being used for an activity sponsored by or through
29        such a school;
30        ( i  j )  Arson in the first degree  and  aggravated
31        arson;
32    shall  be  charged, arrested and proceeded against by complaint, indictment or
33    information as an adult.
34         On a  A ll other felonies or  misdemeanors  charged
35    in  the  complaint, indictment or information, which are based on the same act
36    or transaction or on one  (1)  or more acts or transactions as  the
37    violent  or  controlled  substances  offense  , the juvenile  shall
38     similarly  be  similarly  charged,  arrested  and  pro-
39    ceeded against as an adult.
40        Any  juvenile proceeded against pursuant to this section shall be accorded
41    all constitutional rights, including bail and trial by  jury,  and  procedural
42    safeguards as if that juvenile were an adult defendant.
43        (2)  Once  a  juvenile  has  been formally charged or indicted pursuant to


 1    this section or has been transferred for criminal prosecution as an adult pur-
 2    suant to the waiver provisions of section 20-508, Idaho Code, or this section,
 3    the juvenile shall be held in a county jail or  other  adult  prison  facility
 4    unless the court, after finding good cause, orders otherwise.
 5        (3)  Once  a  juvenile  has  been  found to have committed the offense for
 6    which the juvenile was charged, indicted or transferred,  or  has  been  found
 7    guilty  or pled guilty to a lesser offense or amended charge growing out of or
 8    included within the original charge, whether or not  such  lesser  offense  or
 9    amended  charge  is  included  within the acts enumerated in subsection (1) of
10    this section, the juvenile shall thereafter be handled in every respect as  an
11    adult.  For  any subsequent violation of Idaho law, the juvenile shall be han-
12    dled in every respect as an adult.
13        (4)  The sentencing judge of any juvenile convicted pursuant to this  sec-
14    tion  may choose to sentence the convicted person in accordance with the juve-
15    nile sentencing options set forth in this act, if a finding is made that adult
16    sentencing measures would be inappropriate.



 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                       Moved by     Smith                

                                       Seconded by  Hansen (23)          

                             IN THE HOUSE OF REPRESENTATIVES
                             HOUSE AMENDMENT TO S.B. NO. 1041

 1                                AMENDMENT TO SECTION 1
 2        On page 1 of the printed bill, delete line 20 and insert:
 3        "(g)   First degree kidnapping; ".

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 08519

This bill would provide that a juvenile at least 14 years of age who
commits the offense of kidnapping may be charged, arrested and
proceeded against as an adult. Kidnapping has long been recognized as
one of the most serious of violent criminal offenses and is comparable
to the other "automatically waivable" offenses. First degree
kidnapping carries a maximum penalty of death or life imprisonment,
while second degree kidnapping carries a maximum penalty of twenty-
five years in prison. Recent incidents have shown that kidnapping is
a crime sometimes committed by juveniles and that such events can
create a grave risk to the lives and safety of innocent persons. The
addition of kidnapping to the list of "automatically waivable"
offenses will repair an omission in this statute. The bill would also
make a grammatical correction that will clarify the intent of the

                           FISCAL NOTE

There is no fiscal impact on the state general fund.

                  CONTACT: William A. von Tagen, Deputy Attorney General Division
                  Chief, Intergovernmental and Fiscal Law Division 334-4140

                                         STATEMENT OF PURPOSE/FISCAL NOTE    S 1041