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H0455aa..............................by JUDICIARY, RULES AND ADMINISTRATION
PROSECUTING ATTORNEYS - Amends existing law to delete reference to
full-time prosecuting attorneys; and to provide that a county prosecuting
attorney may contract with a city in that county to prosecute certain
infractions.
01/28 House intro - 1st rdg - to printing
01/31 Rpt prt - to Jud
02/24 Rpt out - to Gen Ord
02/29 Rpt out amen - to engros
03/01 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/07 3rd rdg as amen - PASSED - 65-0-5
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark,
Crow, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck,
Jaquet, Jones, Judd, Kellogg, Kendell, Kunz, Lake, Linford,
Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer,
Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Trail, Wood, Zimmermann, Mr Speaker
NAYS -- NONE
Absent and excused -- Cuddy, Kempton, McKague, Pischner, Wheeler
Floor Sponsor - Moss
Title apvd - to Senate
03/08 Senate intro - 1st rdg as amen - to Jud
03/16 Rpt out - rec d/p - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
03/23 3rd rdg as amen - PASSED - 30-4-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Wheeler, Williams
NAYS--Cameron, Hawkins, Parry, Whitworth
Absent and excused--McLaughlin
Floor Sponsor - Darrington
Title apvd - to House
03/24 To enrol
03/27 Rpt enrol - Sp signed
03/28 Pres signed
03/29 To Governor
03/30 Governor signed
Session Law Chapter 116
Effective: 07/01/00
H0455
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 455, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO PROSECUTING ATTORNEYS; AMENDING SECTION 31-3113, IDAHO CODE, TO
3 DELETE REFERENCE TO FULL-TIME PROSECUTING ATTORNEYS AND TO PROVIDE THAT
4 COUNTY PROSECUTING ATTORNEYS MAY CONTRACT WITH A CITY IN THE COUNTY TO
5 PROSECUTE NONCONFLICTING INFRACTIONS; AND PROVIDING AN EFFECTIVE DATE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 31-3113, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 31-3113. CONTRACTED DUTIES OF PROSECUTING ATTORNEYS WITH CITIES. The
10 pProsecuting attorneys, in the following counties are required to devote full
11 time to the discharge of their duties: Bannock, Bonner, Bonneville, Canyon,
12 Elmore, Gem, Kootenai, Latah, Payette and Twin Falls. Wwith the unanimous
13 approval of the board of county commissioners, and with the consent of the
14 prosecuting attorney, the prosecuting attorney may contract with any city
15 within the county to prosecute nonconflicting misdemeanors in those counties
16 where the prosecuting attorneys are required to devote full time to the dis-
17 charge of their duties and infractions.
18 SECTION 2. This act shall be in full force and effect on and after July
19 1, 2000.
AH0455
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Moss
Seconded by Gould
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 455
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 9, delete "The" and insert: "The";
3 in line 10, delete "prosecuting" and insert: "pProsecuting"; in lines 10, 11
4 and 12, delete "in the following counties are required to devote full time to
5 the discharge of their duties: Bannock, Bonner, Bonneville, Canyon, Elmore,
6 Gem, Kootenai, Latah, Payette and Twin Falls." and insert: ", in the following
7 counties are required to devote full time to the discharge of their duties:
8 Bannock, Bonner, Bonneville, Canyon, Elmore, Gem, Kootenai, Latah, Payette and
9 Twin Falls."; in line 12, delete "With" and insert: "Wwith"; in line 14,
10 delete "the prosecuting attorney" and insert: "the prosecuting attorney"; in
11 lines 15, 16 and 17, delete "and infractions in those counties where the pros-
12 ecuting attorneys are required to devote full time to the discharge of their
13 duties" and insert: "in those counties where the prosecuting attorneys are
14 required to devote full time to the discharge of their duties and
15 infractions".
16 CORRECTION TO TITLE
17 On page 1, in line 2, following "CODE," insert: "TO DELETE REFERENCE TO
18 FULL-TIME PROSECUTING ATTORNEYS AND"; in line 3, delete "A FULL-TIME"; and
19 also in line 3, delete "ATTORNEY" and insert: "ATTORNEYS".
STATEMENT OF PURPOSE
RS09691
This bill will make it clear that prosecutors can contract with
cities to prosecute non-conflicting misdemeanors and infractions.
Under current law, prosecutors can only contract non-conflicting
misdemeanors, but infractions are not included. Although in many
jurisdictions infractions are already being contracted, this bill
makes it clear that these contracts are statutorily authorized.
FISCAL NOTE
There is no fiscal impact on the general fund. There is no fiscal
impact to counties or cities except what they choose to incur
through their own contracts.
Contact: Kevin Maloney or Jim Ball
Idaho Prosecuting Attorneys' Association
364-2121
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 455