2000 Legislation
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HOUSE BILL NO. 469 – Crime victim, limit on action, time

HOUSE BILL NO. 469

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Daily Data Tracking History



H0469................................by JUDICIARY, RULES AND ADMINISTRATION
CRIME VICTIMS - Amends existing law to provide for a tolling of the
limitations on actions for victims of crimes; and to define the term "full
satisfaction of the sentence imposed."
                                                                        
02/01    House intro - 1st rdg - to printing
02/02    Rpt prt - to Jud
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 65-0-5
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd,
      Kellogg, Kempton, Kendell, Lake, Linford, Loertscher, Mader, Marley,
      McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Sellman, Shepherd,
      Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail,
      Wheeler, Wood, Mr Speaker
      NAYS -- None
      Absent and excused -- Gagner, Jones, Kunz, Schaefer, Zimmermann
    Floor Sponsor - Ellsworth
    Title apvd - to Senate
02/29    Senate intro - 1st rdg - to Jud
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/28    3rd rdg - PASSED - 16-11-8
      AYES--Branch, Danielson, Darrington, Deide, Dunklin, Frasure, Ingram,
      Keough, King-Barrutia, McLaughlin, Riggs, Risch, Schroeder, Sorensen,
      Stegner, Thorne
      NAYS--Andreason, Boatright, Burtenshaw, Davis, Hawkins, Ipsen, Lee,
      Noh, Richardson, Wheeler, Williams
      Absent and excused--Bunderson, Cameron, Crow, Geddes, Parry, Sandy,
      Stennett, Whitworth
    Floor Sponsor - King-Barrutia
    Title apvd - to House
03/29    To enrol
03/30    Rpt enrol - Sp signed - Pres signed
03/31    To Governor
04/03    Governor signed
         Session Law Chapter 150
         Effective: 07/01/00

Bill Text


 H0469
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 469
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO VICTIMS OF CRIMES; AMENDING CHAPTER 2, TITLE 5, IDAHO CODE, BY THE
  3        ADDITION OF A NEW SECTION 5-247, IDAHO CODE, TO PROVIDE FOR A  TOLLING  OF
  4        THE  LIMITATIONS  ON  ACTIONS FOR VICTIMS OF CRIMES AND TO DEFINE THE TERM
  5        "FULL SATISFACTION OF THE SENTENCE IMPOSED"; AND  PROVIDING  AN  EFFECTIVE
  6        DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Chapter  2,  Title  5,  Idaho Code, be, and the same is
  9    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 10    ignated as Section 5-247, Idaho Code, and to read as follows:
                                                                        
 11        5-247.  VICTIMS OF CRIMES. (1) For the purpose of any civil action or pro-
 12    ceeding  brought  by a victim of a crime against an offender who committed the
 13    crime, for any losses incurred by  the  victim,  which  loss  was  proximately
 14    caused  by  the crime, the limitation periods prescribed by this chapter shall
 15    be tolled until one (1) year after the offender has  been  released  from  any
 16    sentence  of  incarceration  served for that crime and in full satisfaction of
 17    the sentence imposed.
 18        (2)  For purposes of this  section  "full  satisfaction  of  the  sentence
 19    imposed"  means  the  full-term  release date from incarceration for the crime
 20    committed against the victim or the full-term release date from  incarceration
 21    for  any other crime for which the offender is serving time concurrently with,
 22    or consecutively to, time served for the crime against the  victim,  whichever
 23    is later.
                                                                        
 24        SECTION  2.  This  act shall be in full force and effect on and after July
 25    1, 2000.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                           RS 09470C1 

Victims of crime have often suffered damages as a result 
of the criminal conduct of the perpetrator. This legislation 
tolls the statute of limitations until one year after the 
criminal has been released from prison.  This would allow 
the victim of the crime who has been harmed by the criminal 
act additional time in which to file a civil action against 
the perpetrator causing the victim damages.

                           FISCAL NOTE 

There is no fiscal impact to the general fund of the State 
of Idaho.

Contact: William A. von Tagen, 
Office of Attorney General
Phone: 334-4140 

STATEMENT OF PURPOSE/FISCAL IMPACT         Bill No     H 469