View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1293................................................by JUDICIARY AND RULES
JUVENILES - Amends existing law to clarify that a juvenile transferred for
adult criminal proceedings under Section 20-508 or 20-509, Idaho Code,
shall thereafter be handled in every respect as an adult.
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 - 30-0-5
AYES--Boatright, Bunderson, Burtenshaw, Cameron, Crow, Danielson,
Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram,
Ipsen, Keough, King-Barrutia, Lee, Noh, Parry, Richardson, Riggs,
Risch, Schroeder, Sorensen, Stegner, Thorne, Wheeler, Whitworth,
Williams
NAYS--None
Absent and excused--Andreason, Branch, McLaughlin, Sandy, Stennett
Floor Sponsor - Sorensen
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 - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, 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, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
Stone, Tilman, Trail, Wheeler, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Crow, Gould, McKague, Taylor, Wood
Floor Sponsor - Hammond
Title apvd - to Senate
03/24 To enrol
03/27 Rpt enrol - Pres signed - Sp signed
03/28 To Governor
03/29 Governor signed
Session Law Chapter 73
Effective: 07/01/00
S1293
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1293
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-509, IDAHO CODE,
3 TO CLARIFY THAT A JUVENILE WHO HAS BEEN TRANSFERRED FOR ADULT CRIMINAL
4 PROCEEDINGS UNDER SECTION 20-508, IDAHO CODE, OR SECTION 20-509, IDAHO
5 CODE, SHALL THEREAFTER BE HANDLED IN EVERY RESPECT AS AN ADULT AND TO MAKE
6 TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 20-509, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 20-509. VIOLENT OFFENSES, CONTROLLED SUBSTANCES VIOLATIONS NEAR SCHOOLS
11 AND OFFENDERS. (1) Any juvenile, age fourteen (14) years to age eighteen (18)
12 years, who is alleged to have committed any of the following crimes or any
13 person under age fourteen (14) years who is alleged to have committed any of
14 the following crimes and, pursuant to section 20-508, Idaho Code, has been
15 ordered by the court to be held for adult criminal proceedings:
16 (a) Murder of any degree or attempted murder;
17 (b) Robbery;
18 (c) Rape, but excluding statutory rape;
19 (d) Forcible sexual penetration by the use of a foreign object;
20 (e) Infamous crimes against nature, committed by force or violence;
21 (f) Mayhem;
22 (g) Assault or battery with the intent to commit any of the above serious
23 felonies;
24 (h) A violation of the provisions of section 37-2732(a)(1)(A), (B) or
25 (C), Idaho Code, when the violation occurred on or within one thousand
26 (1,000) feet of the property of any public or private primary or secondary
27 school, or in those portions of any building, park, stadium or other
28 structure or grounds which were, at the time of the violation, being used
29 for an activity sponsored by or through such a school;
30 (i) Arson in the first degree and aggravated arson;
31 shall be charged, arrested and proceeded against by complaint, indictment or
32 information as an adult. All other felonies or misdemeanors charged in the
33 complaint, indictment or information, which are based on the same act or
34 transaction or on one (1) or more acts or transactions as the violent or con-
35 trolled substances offense shall similarly be charged, arrested and proceeded
36 against as an adult. Any juvenile proceeded against pursuant to this section
37 shall be accorded all constitutional rights, including bail and trial by jury,
38 and procedural safeguards as if that juvenile were an adult defendant.
39 (2) Once a juvenile has been formally charged or indicted pursuant to
40 this section or has been transferred for criminal prosecution as an adult pur-
41 suant to the waiver provisions of section 20-508, Idaho Code, or this section,
42 the juvenile shall be held in a county jail or other adult prison facility
43 unless the court, after finding good cause, orders otherwise.
2
1 (3) Once a juvenile has been found to have committed the offense for
2 which the juvenile was charged, indicted or transferred pursuant to this sec-
3 tion or section 20-508, Idaho Code, or has been found guilty or pled guilty to
4 a lesser offense or amended charge growing out of or included within the orig-
5 inal charge, whether or not such lesser offense or amended charge is included
6 within the acts enumerated in subsection (1) of this section, the juvenile
7 shall thereafter be handled in every respect as an adult. For any subsequent
8 violation of Idaho law, the juvenile shall be handled in every respect as an
9 adult.
10 (4) The sentencing judge of any juvenile convicted pursuant to this sec-
11 tion may choose to sentence the convicted person in accordance with the juve-
12 nile sentencing options set forth in this act, if a finding is made that adult
13 sentencing measures would be inappropriate.
14 SECTION 2. This act shall be in full force and effect on and after July
15 1, 2000.
STATEMENT OF PURPOSE
RS 09498
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 bill amends I.C. 20-SO9(3) of the Juvenile
Corrections Act to clarify that the term "transfer" includes both
automatic transfers of a juvenile to adult court under I.C. 20- 509
and discretionary transfers of the juvenile under I.C. 20- 508.
Idaho Code 20-509 provides for the so-called automatic transfer of
juvenile offenders to adult court when the juvenile is alleged to
have committed certain enumerated violent crimes and drug offenses.
Idaho Code 20-508 also provides for the transfer of the juvenile
offender to adult court as a matter of the court's discretion when
certain factors exist relating to the severity of the offense, the
juvenile's record, and protection of the public, even though the
juvenile may not be charged with one of the offenses enumerated in
I.C. 20-509. Idaho Code 20-509(3) provides that once a juvenile has
been found to have committed the offense for which the juvenile was
charged, indicted or "transferred" the juvenile shall thereafter be
treated as an adult, including subsequent violations of Idaho law.
However, it isn't clear that the term "transferred" also includes a
juvenile who has been transferred as a matter ofthe courts discretion
under I.C. 20-508. This bill will remove that uncertainty.
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 S1293