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S1289................................................by JUDICIARY AND RULES
CRIMINAL CASES - JURY TRIALS - Amends existing law to provide that a jury
trial may be waived in all criminal cases with the consent of both parties.
01/20 Senate intro - 1st rdg - to printing
01/21 Rpt prt - to Jud
02/01 Rpt out - rec d/p - to 2nd rdg
02/02 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 28-0-7
AYES--Boatright, Bunderson, Burtenshaw, Crow, Danielson, Darrington,
Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen,
Keough, King-Barrutia, Noh, Parry, Richardson, Riggs, Risch,
Schroeder, Sorensen, Stegner, Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Andreason, Branch, Cameron, Lee, McLaughlin,
Sandy, Stennett
Floor Sponsor - Ingram
Title apvd - to House
02/07 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 62-0-8
AYES -- Barraclough, Barrett, Bieter, Boe, Bruneel, Callister,
Campbell, Chase, Cheirrett, Clark, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23),
Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stoicheff, Stone, Taylor, Tilman, Trail,
Wheeler, Zimmermann
NAYS -- None
Absent and excused -- Alltus, Bell, Black, Crow, Gould, Stevenson,
Wood, Mr Speaker
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/24 To enrol
03/27 Rpt enrol - Pres signed - Sp signed
03/28 Sp signed - to Governor
03/29 Governor signed
Session Law Chapter 69
Effective: 07/01/00
S1289
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1289
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO TRIAL BY JURY IN CRIMINAL CASES; AMENDING SECTION 19-1902, IDAHO
3 CODE, TO PROVIDE THAT A JURY TRIAL MAY BE WAIVED IN ALL CRIMINAL CASES
4 WITH THE CONSENT OF BOTH PARTIES; AND PROVIDING AN EFFECTIVE DATE.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 19-1902, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 19-1902. TRIAL BY JURY. Issues of fact must be tried by jury, unless a
9 trial by jury be waived, in criminal cases not amounting to felony, by the
10 consent of both parties expressed in open court and entered in the minutes. In
11 case of misdemeanor the jury may consist of six (6) or any number less than
12 six (6) upon which the parties may agree in open court. There shall be no
13 right to trial by jury for an infraction punishable only by a penalty not to
14 exceed one hundred dollars ($100) and no imprisonment.
15 SECTION 2. This act shall be in full force and effect on and after July
16 1, 2000.
STATEMENT OP PURPOSE
RS 09493
This bill is one of a series of bills that the Supreme Court has
recommended in its annual report of "defects in the laws" to the
Governor as required under article V, section 25 of the Idaho
Constitution. This legislation amends section 19-1902, Idaho Code,
which provides that issues of fact must be tried by a jury unless
waived "in all criminal cases not amounting to a felony" to delete
the words "not amounting to a felony". This amendment will make
section 19-1902 agree with article 1,section 7 of the Idaho
Constitution, which provides that a trial by jury may be waived in
all criminal cases. In 1982, article I, section 7, Idaho Constitution,
was amended to allow a waiver of a jury trial in all criminal cases
by eliminating the words 'not amounting to a felony" which previously
followed the words "in all criminal cases." However, section 19-1902
which has virtually the same language as article I, section 7 prior
to the 1982 amendment, was not amended to reflect the constitutional
change, and presently conflicts with the constitution.
FISCAL NOTE
It is not anticipated that this bill will have an impact on state
or local funds.
Contact Person:Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246
Statement of Purpose/Fiscal Note S 1289