H0319aa....................................................by STATE AFFAIRS JUVENILES - RECORDS - Amends existing law to provide a list of offenses which may not be expunged from a juvenile's record; and to provide for expungement with respect to other offenses if the juvenile has not been convicted of a felony or a misdemeanor involving violence and other conditions have been met. 03/02 House intro - 1st rdg - to printing 03/03 Rpt prt - to Jud 03/10 Rpt out - to Gen Ord Rpt out amen - to engros 03/11 Rpt engros - 1st rdg - to 2nd rdg as amen 03/12 2nd rdg - to 3rd rdg as amen 03/12 Rules susp - PASSED - 42-18-10 AYES -- Barraclough(Barraclough), Bell, Bieter, Black, Boe, Chase, Crow, Cuddy, Denney, Gagner, Gould, Hadley, Hammond, Henbest, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Limbaugh, Linford, Marley, Montgomery, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Schaefer, Sellman, Smith, Smylie, Stoicheff, Stone, Tilman, Trail, Watson, Williams, Zimmermann, Mr Speaker NAYS -- Alltus, Barrett, Callister, Clark, Ellsworth, Field(20), Hansen(23), Hornbeck, Kunz, Lake, McKague, Mortensen, Moyle, Sali, Stevenson, Taylor, Tippets, Wheeler Absent and excused -- Bruneel, Campbell, Deal, Field(13), Geddes, Hansen(29), Loertscher, Mader, Meyer, Wood Floor Sponsor - Jaquet, Montgomery Title apvd - to Senate 03/15 Senate intro - 1st rdg as amen - to Jud 03/17 Rpt out - rec d/p - to 2nd rdg as amen 03/18 2nd rdg - to 3rd rdg as amen Rules susp - PASSED - 32-0-3 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ipsen, Keough, King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth NAYS--None Absent and excused--Ingram, Parry, Twiggs Floor Sponsor - Dunklin Title apvd - to House 03/19 To enrol - rpt enrol - Sp signed - Pres signed 03/23 To Governor 03/24 Governor signed Session Law Chapter 248 Effective: 07/01/99
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 319, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-525A, IDAHO 3 CODE, TO PROVIDE A LIST OF OFFENSES WHICH MAY NOT BE EXPUNGED FROM A 4 JUVENILE'S RECORD, AND TO PROVIDE FOR EXPUNGEMENT WITH RESPECT TO OTHER 5 OFFENSES IF THE JUVENILE HAS NOT BEEN CONVICTED OF A FELONY OR A MISDE- 6 MEANOR INVOLVING VIOLENCE AND OTHER CONDITIONS HAVE BEEN MET. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 20-525A, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 20-525A. EXPUNGEMENT OF RECORD -- HEARING -- FINDINGS NECESSARY -- SPE- 11 CIAL INDEX -- EFFECT OF ORDER. (1) Any person who has been adju- 12 dicated in a case under this act may, after the expiration of five (5) years 13 from the date of termination of the continuing jurisdiction of the court, or, 14 in case the juvenile was committed to the juvenile corrections center, five 15 (5) years from the date of his release from the juvenile corrections center, 16 or after reaching age eighteen (18), whichever occurs first17 last , petition the court for the expungement of his record. Upon the 18 filing of the petition, the court shall set a date for a hearing and shall 19 notify the prosecuting attorney of the pendency of the petition and of the 20 date of the hearing. The prosecuting attorney and any other person who may 21 have relevant information about the petitioner may testify at the hearing. 22 (2) The court may not expunge a conviction for any of the following 23 crimes from a juvenile's record: 24 25 (a) Administering poison with intent to kill (18-4014, Idaho Code); 26 27 (b) Aggravated battery (18-907, Idaho Code); 28 (c) Armed robbery (chapter 65, title 18, Idaho Code); 29 30 (d) Arson (chapter 8, title 18, Idaho Code); 31 32 (e) Assault with intent to commit a serious felony (18-909, Idaho 33 Code); 34 35 (f) Assault with intent to murder (18-4015, Idaho Code); 36 37 (g) Assault or battery upon certain personnel, felony (18-915, 38 Idaho Code); 39 40 (h) Forcible sexual penetration by use of a foreign object 41 (18-6608, Idaho Code); 42 43 (i) Infamous crime against nature, committed by force or violence 2 1 (18-6605, Idaho Code); 2 3 (j) Injury to child, felony (18-1501, Idaho Code); 4 5 (k) Kidnapping (18-4501, Idaho Code); 6 7 (l) Murder of any degree (18-4001 and 18-4003, Idaho Code); 8 9 (m) Rape, excluding statutory rape (18-6101 and 18-6108, Idaho 10 Code); 11 12 (n) Ritualized abuse of a child (18-1506A, Idaho Code); 13 14 (o) Sexual exploitation of a child (18-1507, Idaho Code); 15 16 (p) Unlawful use of destructive device or bomb (18-3320, Idaho 17 Code); 18 19 (q) Voluntary manslaughter (18-4006 1., Idaho Code); 20 21 (r) A violation of the provisions of section 37-2732(a)(1)(A), (B) 22 or (C), Idaho Code, when the violation occurred on or within one thousand 23 (1,000) feet of the property of any public or private primary or secondary 24 school, or in those portions of any building, park, stadium or other 25 structure or grounds which were, at the time of the violation, being used 26 for an activity sponsored by or through such a school; 27 28 (s) A violation of the provisions of section 37-2732B, Idaho Code, 29 related to drug trafficking or manufacturing of illegal drugs. 30 31 (3) If the court finds after hearing that the petitioner has 32 not been adjudicated as a juvenile for a felony or a misde-33 meanor involving moral turpitude if committed by an adultany of 34 the crimes identified in subsection (2) of this section , and has not 35 been convicted of a felony , or of a misdemeanor involving36 moral turpitudewherein violence toward another person was 37 attempted or committed since the termination of the court's jurisdic- 38 tion or his release from the juvenile corrections center, and that no proceed- 39 ing involving such felony or misdemeanor is pending or being instituted 40 against him, and if the court further finds to its satisfaction that the peti- 41 tioner has been held accountable, is developing life skills necessary to 42 become a contributing member of the community and that the expungement of the 43 petitioner's record will not compromise public safety, it shall order all 44 records in the petitioner's case in the custody of the court and all such 45 records in the custody of any other agency or official sealed; and shall fur- 46 ther order all references to said adjudication removed from all indices and 47 from all other records available to the public. However, a special index of 48 the expungement proceedings and records shall be kept by the court ordering 49 expungement, which index shall not be available to the public and shall be 50 revealed only upon order of a court of competent jurisdiction. Copies of the 51 order shall be sent to each agency or official named in the order. Upon the 52 entry of the order the proceedings in the petitioner's case shall be deemed 53 never to have occurred and the petitioner may properly reply accordingly upon 54 any inquiry in the matter. Inspection of the records may thereafter be permit- 55 ted only by the court upon petition by the person who is the subject of the 3 1 records or by any other court of competent jurisdiction, and only to persons 2 named in the petition.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999 Moved by Jaquet Seconded by Montgomery IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 319 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, following line 24 insert: 3 " (b) Aggravated battery (18-907, Idaho Code); "; 4 in line 25, delete " (b) " and insert: " (c) "; in line 5 26, delete " (c) " and insert: " (d) "; in line 27, 6 delete " (d) " and insert: " (e) "; in line 28, delete 7 " (e) " and insert: " (f) "; in line 29, delete " 8 (f) " and insert: " (g) "; delete lines 31 and 41; in line 9 42, delete " (p) " and insert: " (o) "; and in line 43, 10 delete " (q) " and insert: " (p) ". 11 On page 2, in line 1, delete " (r) " and insert: " (q) 12 "; in line 2, delete " (s) " and insert: " (r) "; 13 and in line 8, delete " (t) " and insert: " (s) ".
STATEMENT OF PURPOSE RS 09170 The purpose of this legislation is to amend Section 20-525A, to omit the term moral turpitude as the determining factor for expungement of a juvenile's record. The term as defined is vague and there is much disagreement over its meaning. To replace it and give more specific direction as to what can and cannot be expunged from a juvenile's record is a list of felonies that cannot be expunged from a record. FISCAL NOTE There will be no impact to the General Fund. CONTACT: Representative Jaquet 332-1000 Representative Beverly Montgomery 332-1000 STATEMENT OF PURPOSE/ FlSCAL NOTE Bill No. H 319