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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
NAYS--None
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
S1041|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1041 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO JUVENILE CORRECTIONS; AMENDING SECTION 20-509, IDAHO CODE, TO ADD 3 KIDNAPPING TO THE LIST OF CRIMES FOR WHICH JUVENILES MAY BE PROCEEDED 4 AGAINST AS ADULTS AND TO MAKE TECHNICAL CORRECTIONS. 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: 8 20-509. VIOLENT OFFENSES, CONTROLLED SUBSTANCES VIOLATIONS NEAR SCHOOLS 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 (hi ) 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 (ij ) 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 aAll 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 38similarlybe 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 2 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.
AS1041|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved 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
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
statute.
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