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SENATE BILL NO. 1133

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Daily Data Tracking History

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S1133................................................by JUDICIARY AND RULES
APPEALS - BAIL - Amends existing law to delete the limitation on the amount
of bail which the court may fix to release the party appealing from custody
pending appeal or to stay proceedings under judgment; and to provide for a
no contact order to stay in place absent a finding of the judge.

02/09    Senate intro - 1st rdg - to printing
02/10    Rpt prt - to Jud
02/25    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
03/02    3rd rdg - 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 - Davis
    Title apvd - to House
03/03    House intro - 1st rdg - to Jud
03/18    Rpt out - rec d/p - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
    Rules susp - PASSED - 55-0-15
      AYES -- Alltus, Barraclough, Bieter, Black, Boe, Bruneel, Callister,
      Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Field(13),
      Field(20), Gagner, Gould, Hammond, Hansen(23), Hansen(29), Henbest,
      Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
      Limbaugh, Loertscher, Marley, McKague, Meyer(Duncan), Montgomery,
      Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Smylie, Stevenson, Stoicheff, Stone, Watson,
      Wheeler, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Barrett, Bell, Ellsworth, Geddes, Hadley,
      Linford, Mader, Mortensen, Smith, Taylor, Tilman, Tippets, Trail,
      Williams, Wood
    Floor Sponsor - Hornbeck
    Title apvd - to Senate
03/22    To enrol - rpt enrol - Pres signed - Sp signed
03/23    To Governor
03/24    Governor signed
         Session Law Chapter 313
         Effective: 07/01/99

Bill Text

S1133


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

                                      IN THE SENATE

                                   SENATE BILL NO. 1133

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT
 2    RELATING TO BAIL PENDING APPEAL; AMENDING  SECTION  19-3941,  IDAHO  CODE,  TO
 3        DELETE  THE  LIMITATION  ON  THE AMOUNT OF BAIL WHICH THE COURT MAY FIX TO
 4        RELEASE THE PARTY APPEALING FROM CUSTODY PENDING APPEAL OR  TO  STAY  PRO-
 5        CEEDINGS  UNDER  JUDGMENT AND TO PROVIDE FOR A NO CONTACT ORDER TO STAY IN
 6        PLACE ABSENT A FINDING OF THE JUDGE.

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

 8        SECTION 1.  That Section 19-3941, Idaho Code, be, and the same  is  hereby
 9    amended to read as follows:

10        19-3941.  BAIL PENDING APPEAL. The party appealing may, at any time there-
11    after,  if  he  desires to be released from custody during the pendency of the
12    appeal, or desires a stay of proceedings under the judgment until  the  appeal
13    be disposed of, enter into a recognizance, with two (2) sufficient sureties to
14    be  approved by the judge or justice, in an amount to be fixed by the judge or
15    justice,  but not exceeding one thousand dollars ($l,000)  in  any  case,
16      for  the  payment  of any judgment, fine and costs that may be awarded
17    against him on the appeal, and that he will faithfully prosecute the same  and
18    render  himself  in  execution  of  any  judgment or order rendered or entered
19    against him in the district court.  Any no contact order in place at  the
20    time  of  appeal shall remain in place during the pendancy of appeal and shall
21    be a condition of any bond posted, unless the judge orders otherwise. 

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 08917

This legislation strikes the language in 19-3941 that puts a
monetary restriction on the amount of bond that can be required
of a person convicted of a misdemeanor crime. By striking the
$1,000.00 bail amount, it gives a judge the discretion to set a
bond that accurately reflects the facts and circumstances of
the misdemeanor crime. This amendment allows the judge to set
an appropriate bond pending appeal of the defendant's criminal
conviction. Additionally, this amendment allows a no contact
order tor remain in place during the pendency of appeal and as
a condition of bail unless the judge orders otherwise.

                            FISCAL NOTE

This amendment would have no fiscal impact.

CONTACT:  Elisa Massoth
           384-3870
           
STATEMENT OF PURPOSE/ FISCAL NOTE













                                                            S 1133