2000 Legislation
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HOUSE BILL NO. 415, As Amended – Juveniles, escape custody, charges

HOUSE BILL NO. 415, As Amended

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Daily Data Tracking History


H0415aa......................................................by MR. SPEAKER
             Requested by:  Department of Juvenile Corrections
JUVENILES - Amends existing law to include juveniles adjudicated of a
felony or misdemeanor within the purview of the escape laws; and to delete
the age restriction with respect to persons against whom escape charges can
be filed.
                                                                        
01/17    House intro - 1st rdg - to printing
    Rpt prt - to Jud
02/02    Rpt out - to Gen Ord
02/07    Rpt out amen - to engros
02/08    Rpt engros - 1st rdg - to 2nd rdg as amen
02/09    2nd rdg - to 3rd rdg as amen
02/11    3rd rdg as amen - PASSED - 61-0-9
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Chase, Cheirrett, Clark, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kendell,
      Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
      Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood, Zimmermann, Mr
      Speaker
      NAYS -- None
      Absent and excused -- Campbell, Crow, Hammond, Hansen(29), Kempton,
      Linford, Mortensen, Moss, Pischner
    Floor Sponsor - Sali
    Title apvd - to Senate
02/14    Senate intro - 1st rdg as amen - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg as amen
02/29    2nd rdg - to 3rd rdg as amen
03/24    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Sorensen
    Title apvd - to House
03/27    To enrol
03/28    Rpt enrol - Sp signed
03/29    Pres signed
03/30    To Governor
    Governor signed
         Session Law Chapter 106
         Effective: 07/01/00

Bill Text

 H0415
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 415, As Amended
                                                                        
                                       BY MR. SPEAKER
                      Requested by: Department of Juvenile Corrections
                                                                        
  1                                        AN ACT
  2    RELATING TO ESCAPES FROM CUSTODY BY JUVENILES; AMENDING SECTION 18-2505, IDAHO
  3        CODE, TO AMEND THE CATCHLINE, TO INCLUDE JUVENILES ADJUDICATED OF A FELONY
  4        WITHIN THE PURVIEW OF THE SECTION, TO  DELETE  THE  AGE  RESTRICTION  WITH
  5        RESPECT  TO PERSONS AGAINST WHOM ESCAPE CHARGES CAN BE FILED AND TO MAKE A
  6        TECHNICAL CORRECTION; AMENDING SECTION 18-2506, IDAHO CODE,  TO AMEND  THE
  7        CATCHLINE,  TO  INCLUDE  JUVENILES ADJUDICATED OF A MISDEMEANOR WITHIN THE
  8        PURVIEW OF THE SECTION AND TO DELETE THE AGE RESTRICTION WITH  RESPECT  TO
  9        PERSONS  AGAINST WHOM ESCAPE CHARGES CAN BE FILED; AND PROVIDING AN EFFEC-
 10        TIVE DATE.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Section 18-2505, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        18-2505.  ESCAPE  BY ONE CHARGED WITH, CONVICTED OF, OR ON PROBATION FOR A
 15    FELONY -- ESCAPE BY A JUVENILE FROM CUSTODY. (1) Every prisoner charged  with,
 16    convicted  of,  or  on  probation  for a felony who is confined in any jail or
 17    prison including the state penitentiary or any private prison,  or  who  while
 18    outside  the walls of such jail or prison in the proper custody of any officer
 19    or person, or while in any factory, farm or other place without the  walls  of
 20    such  jail  or  prison, who escapes or attempts to escape from such officer or
 21    person, or from such jail or prison, or from such factory, farm or other place
 22    without the walls of such jail or prison, shall be guilty  of  a  felony,  and
 23    upon  conviction  thereof, any such second term of imprisonment shall commence
 24    at the time he would otherwise have been discharged.
 25        (2)  Any person under the age of eighteen (18) who is charged with,  found
 26    to  have  committed,  adjudicated  for or is on probation for an offense which
 27    would be a felony if committed by an adult, and who is confined in a  juvenile
 28    detention facility or other secure or nonsecure facility for juveniles and who
 29    escapes  or attempts to escape from the facility or from the lawful custody of
 30    any officer or person shall be subject to proceedings under chapter  5,  title
 31    20,  Idaho  Code,  for  an  offense which would be a felony if committed by an
 32    adult. If the juvenile is or has been proceeded against as an adult,  pursuant
 33    to  sections 20-508 or 20-509, Idaho Code, the juvenile person shall be guilty
 34    of a felony for a violation of this section and  shall  be  subject  to  adult
 35    criminal proceedings.
                                                                        
 36        SECTION  2.  That  Section 18-2506, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        18-2506.  ESCAPE BY ONE CHARGED WITH OR  CONVICTED  OF  A  MISDEMEANOR  --
 39    ESCAPE BY A JUVENILE FROM CUSTODY.
 40        (1) (a)  Every  prisoner charged with or convicted of a misdemeanor who is
 41        confined in any county jail or other place or who is engaged in any county
                                                                        
                                           2
                                                                        
  1        work outside of such jail or other place, or who is in the lawful  custody
  2        of  any officer or person, who escapes or attempts to escape therefrom, is
  3        guilty of a misdemeanor.
  4        (b)  In cases involving escape or  attempted  escape  by  use  of  threat,
  5        intimidation,  force,  violence,  injury  to person or property other than
  6        that of the prisoner, or wherein the escape or attempted escape was perpe-
  7        trated by use or possession of any weapon, tool, instrument or other  sub-
  8        stance, the prisoner shall be guilty of a felony.
  9        (2)  Any  person under the age of eighteen (18) who is charged with, found
 10    to have committed, adjudicated for or is on probation  for  an  offense  which
 11    would  be  a  misdemeanor  if  committed by an adult, and who is confined in a
 12    juvenile detention facility or other secure or nonsecure  facility  for  juve-
 13    niles and who escapes or attempts to escape from the facility or from the law-
 14    ful custody of an officer or person, shall be subject to proceedings under the
 15    provisions  of  chapter  5,  title 20, Idaho Code, for an act which would be a
 16    misdemeanor if committed by an adult, or, if the escape  or  attempted  escape
 17    was  undertaken  as  provided  in  subsection  (1)(b)  of this section, for an
 18    offense which would be a felony if committed by an adult. If the  juvenile  is
 19    or  has  been  proceeded  against  as  an adult, pursuant to section 20-508 or
 20    20-509, Idaho Code,  the juvenile person shall be guilty of a misdemeanor,  or
 21    if subsection (1)(b) of this section applies, of a felony and, in either case,
 22    shall be subject to adult criminal proceedings.
                                                                        
 23        SECTION  3.  This  act shall be in full force and effect on and after July
 24    1, 2000.

Amendment

 AH0415
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Sali                
                                                                        
                                                     Seconded by Clark               
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 415
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 25, following "(18)"  insert:  "who
  3    is";  in line 26, delete "has been" and following "adjudicated" insert: "for";
  4    and in line 27, following "adult" insert: ", and".
                                                                        
  5                               AMENDMENTS TO SECTION 2
  6        On page 2, in line 9, following "(18)"  insert:  "who  is";  in  line  10,
  7    delete  "has  been" and following "adjudicated" insert: "for"; and in line 11,
  8    following "adult" insert: ", and".

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
RS09329

This change would also amend Idaho Code Sections 18-2505 and 18-2506
to allow warrants to be issued for escapees.  Currently, these two
statutes cover only convicted, not adjudicated, persons and do not
cover those ages 19 to 20 at all.

                         FISCAL IMPACT

This legislation would reduce personnel costs by facilitating the issuance of
warrants for apprehension of escaped juveniles, and allow prosecutors to issue
warrants for arrest, when that is appropriate.




CONTACT   
Name:     Brent Reinke
Agency:        Department of Juvenile Corrections
Phone:         334-5100

Statement of Purpose/Fiscal Impact           H0415