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S1132................................................by JUDICIARY AND RULES
JUVENILES - Amends existing law to provide that any juvenile, age twelve
years to age eighteen years, who is charged with murder of any degree and
who has been ordered by the court to be held for adult criminal proceedings
shall be charged, arrested and proceeded against by complaint, indictment
or information as an adult.
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 - 27-6-2
AYES--Andreason, Boatright, Branch, Burtenshaw, Cameron, Danielson,
Darrington, Davis, Deide, Frasure, Geddes, Ingram, Ipsen, Keough,
King, Lee, McLaughlin, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Stegner, Thorne, Twiggs, Wheeler
NAYS--Crow, Dunklin, Hawkins, Noh, Stennett, Whitworth
Absent and excused--Bunderson, Parry
Floor Sponsor - Sorensen
Title apvd - to House
03/03 House intro - 1st rdg - to Jud
S1132|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1132 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CRIMES WHERE JUVENILES CAN BE CHARGED AS ADULTS; AMENDING SECTION 3 20-509, IDAHO CODE, TO PROVIDE THAT ANY JUVENILE AGE TWELVE YEARS TO AGE 4 EIGHTEEN YEARS WHO IS CHARGED WITH MURDER OF ANY DEGREE AND WHO HAS BEEN 5 ORDERED BY THE COURT TO BE HELD FOR ADULT CRIMINAL PROCEEDINGS SHALL BE 6 CHARGED, ARRESTED AND PROCEEDED AGAINST BY COMPLAINT, INDICTMENT OR INFOR- 7 MATION AS AN ADULT AND TO MAKE TECHNICAL CORRECTIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 20-509, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 20-509. VIOLENT OFFENSES, CONTROLLED SUBSTANCES VIOLATIONS NEAR SCHOOLS 12 AND OFFENDERS. (1) Any juvenile, age twelve (12) years to age eighteen 13 (18) years who is charged with murder of any degree or attempted murder, or 14 any juvenile age fourteen (14) years to age eighteen (18) years, who is 15 alleged to have committed any of the following crimes or any person under age 16 fourteen (14) years who is alleged to have committed any of the 17 following crimes and, pursuant to section 20-508, Idaho Code, has been ordered 18 by the court to be held for adult criminal proceedings: 19 (a)Murder of any degree or attempted murder;20(b)Robbery; 21 (cb ) Rape, but excluding statutory rape; 22 (dc ) Forcible sexual penetration by the use of 23 a foreign object; 24 (ed ) Infamous crimes against nature, committed 25 by force or violence; 26 (fe ) Mayhem; 27 (gf ) Assault or battery with the 28 intent to commit any of the above serious felonies; 29 (hg ) A violation of the provisions of section 30 37-2732(a)(1)(A), (B) or (C) , Idaho Code, when the violation 31 occurred on or within one thousand (1,000) feet of the property of any 32 public or private primary or secondary school, or in those portions of any 33 building, park, stadium or other structure or grounds which were, at the 34 time of the violation, being used for an activity sponsored by or through 35 such a school; 36 (ih ) Arson in the first degree and aggravated 37 arson; 38 shall be charged, arrested and proceeded against by complaint, indictment or 39 information as an adult. All other felonies or misdemeanors charged in the 40 complaint, indictment or information, which are based on the same act or 41 transaction or on one (1) or more acts or transactions as the 42 violent or controlled substances offense shall similarly be charged, arrested 43 and proceeded against as an adult. Any juvenile proceeded against pursuant to 2 1 this section shall be accorded all constitutional rights, including bail and 2 trial by jury, and procedural safeguards as if that juvenile were an adult 3 defendant. 4 (2) Once a juvenile has been formally charged or indicted pursuant to 5 this section or has been transferred for criminal prosecution as an adult pur- 6 suant to the waiver provisions of section 20-508, Idaho Code, or this section, 7 the juvenile shall be held in a county jail or other adult prison facility 8 unless the court, after finding good cause, orders otherwise. 9 (3) Once a juvenile has been found to have committed the offense for 10 which the juvenile was charged, indicted or transferred, or has been found 11 guilty or pled guilty to a lesser offense or amended charge growing out of or 12 included within the original charge, whether or not such lesser offense or 13 amended charge is included within the acts enumerated in subsection (1) of 14 this section, the juvenile shall thereafter be handled in every respect as an 15 adult. For any subsequent violation of Idaho law, the juvenile shall be han- 16 dled in every respect as an adult. 17 (4) The sentencing judge of any juvenile convicted pursuant to this sec- 18 tion may choose to sentence the convicted person in accordance with the juve- 19 nile sentencing options set forth in this act, if a finding is made that adult 20 sentencing measures would be inappropriate.
STATEMENT OF PURPOSE
RS 08817
This bill amends Idaho Code Section 20-509, the juvenile
waiver statute. This amendment would provide that a juvenile,
12 years of age or older can be automatically waived into
adult court for the crime of Murder or Attempted Murder. By
having this tool, prosecutors can ensure that violent juvenile
offenders are supervised and monitored beyond the age 21 years
and are not simply released back into society without any
constraints.
FISCAL NOTE
The murder rate amongst juveniles under the age of 14 is
almost non-existent at this time. However, with this statute
in place, a slight fiscal impact may be felt if the juvenile
is continued on probation, parole, or incarceration past his
21st birthday.
CONTACT: Connie Vietz,
Idaho Prosecuting Attorneys Association
364-2159
STATEMENT OF PURPOSE/ FISCAL NOTE
S 1132