2000 Legislation
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SENATE BILL NO. 1294 – Curfew violation, citation


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S1294................................................by JUDICIARY AND RULES
CURFEW VIOLATIONS - Amends existing law to clarify that a peace officer may
issue a citation for a curfew violation; and to provide that when a
citation is used, the case shall proceed as though the violation had been
charged by petition.
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,
      Absent and excused--Andreason, Branch, McLaughlin, Sandy, Stennett
    Floor Sponsor - King-Barrutia
    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 - 62-1-7
      AYES -- Alltus, Barraclough, Barrett, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, 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
      NAYS -- Chase
      Absent and excused -- Bell, Crow, Gould, McKague, Taylor, Wood, Mr
    Floor Sponsor - Montgomery
    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 74
         Effective: 07/01/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1294
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION  1.  That  Section  20-510, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
 10        20-510.  INFORMATION -- INVESTIGATION -- PETITION. Any peace officer,  any
 11    prosecuting  attorney,  or  any  authorized  representative  of  the  board of
 12    trustees of a school district of this state, having knowledge  of  a  juvenile
 13    who  is  within  the purview of this act may file a petition with the court in
 14    such form as may be required by the court, except a  peace  officer  may  also
 15    issue  a  citation  for  a  curfew violation pursuant to section 20-549, Idaho
 16    Code. Said individual or agency shall be responsible for  providing  the  evi-
 17    dence to support the allegations made in the petition, provided this in no way
 18    shall  relieve peace officers from enforcement of the law as set forth in sec-
 19    tion 31-2227, Idaho Code. The court shall make a preliminary inquiry to deter-
 20    mine whether the interests of the public or of the juvenile require that  fur-
 21    ther  action  be  taken. Such inquiry may be made through the county probation
 22    officer or such other agent or investigation officer designated by the  court.
 23    Thereupon,  the  court may make such informal adjustment as is practicable, or
 24    dismiss the petition, or set the matter for hearing. If an informal adjustment
 25    is made, it shall provide for full or partial restitution in  the  manner  and
 26    form prescribed by the court when the offense involves loss or damage of prop-
 27    erty  of  another.  A  probation  officer shall not file a petition unless the
 28    juvenile has previously been under the jurisdiction of the court. The petition
 29    and all subsequent court documents shall be entitled "In the interest of  ...,
 30    a  juvenile  under  eighteen (18) years of age." The petition may be made upon
 31    information and belief but it shall be made under oath.  It  shall  set  forth
 32    plainly:  (1)  the  facts  which bring the juvenile within the purview of this
 33    act; (2) the name, age, and residence of the juvenile; (3) the names and resi-
 34    dences of his parents and spouse, if any; (4) the name and  residence  of  his
 35    legal  guardian,  if  there be one, or the person or persons having custody or
 36    control of the juvenile, or of the nearest known  relative  if  no  parent  or
 37    guardian  can  be  found. If any of the facts herein required are not known by
 38    the petitioner the petition shall so state.
 39        Service of a petition upon the parents, legal guardian or person  or  per-
 40    sons  having  custody  or  control  of the juvenile shall subject the parents,
 41    legal guardian or person or persons having custody or control of the  juvenile
 42    to  the  provisions  of  this  chapter. The petition shall inform the parents,
 43    legal guardian or other person legally obligated to care for and  support  the
  1    juvenile that service of the petition upon them shall make them subject to the
  2    provisions of this chapter.
  3        SECTION  2.  That  Section  20-549, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
  5        20-549.  CURFEW VIOLATIONS -- CITATION --  NOTIFICATION.  Violation  by  a
  6    juvenile  of  a curfew established by a municipal or county ordinance shall be
  7    punishable by a fine not to exceed three hundred dollars ($300), detention, or
  8    both. Fines shall be deposited in the county  juvenile  justice  fund  of  the
  9    county  where  the  violation  occurred, or if such a fund has not been estab-
 10    lished, then in the current county expense account  for  juvenile  corrections
 11    purposes  in the county where the violation occurred. The imposition of deten-
 12    tion shall be subject to the provisions of sections 20-520(1)(b)  and  20-521,
 13    Idaho Code. Detention of a juvenile in a county jail for violation of a curfew
 14    is prohibited.
 15        Any  peace  officer  may  issue  a citation for violation of a curfew that
 16    shall thereafter be processed proceed under the juvenile  corrections  act  in
 17    the  same  manner as though the violation was charged by a petition. Citations
 18    shall be issued on the Idaho uniform citation form. The peace officer  issuing
 19    a  curfew  citation  may  detain  the violator and at the time the citation is
 20    issued shall make a  reasonable  effort  to  obtain  the  endorsement  of  the
 21    juvenile's  parent  or legal guardian on the citation. If the endorsement of a
 22    parent or legal guardian cannot be obtained with the  exercise  of  reasonable
 23    diligence,  a  copy  of  the citation shall be hand delivered or mailed to the
 24    juvenile's parent or legal guardian by a peace officer at least seven (7) days
 25    prior to the date set for the juvenile's appearance. The citation  shall  pro-
 26    vide a date certain for the appearance before a magistrate of the juvenile and
 27    parent or legal guardian.
 28        When  sentencing  a  juvenile  for  violating a curfew, the court may also
 29    enter any order authorized in section 20-520, Idaho  Code.   The  court  shall
 30    have  jurisdiction  over the parent or legal guardian of the violator pursuant
 31    to section 20-522, Idaho Code.
 32        SECTION 3.  This act shall be in full force and effect on and  after  July
 33    1, 2000.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                            RS 09499
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 20-549 of the 
Juvenile Corrections Act which permits theuse of a uniform citation 
to charge a juvenile with a curfew violation, to clarify the 
interaction of this section with other provisions of the Juvenile 
Corrections Act relating to the prosecution ofjuvenile offenses.  
Section 20-549 was adopted in 1998 to allow for the simple expeditious 
charging of curfew violations by a uniform citation in lieu of the 
necessity of filing a formal juvenile petition with the court. 
However, certain issues have arisen regarding the operation of 
this section on other sections of the Juvenile Corrections Act 
and the proposed amendments will resolve thoseconcerns.

                           FISCAL NOTE

No impact on state or local funds  is  anticipated. 
Contact Person: Patricia Tobias 
Administrative Director of the Courts 
Idaho Supreme Court 
(208) 334-2246

Statement of Purpose/Fiscal Note                          S 1294