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S1295................................................by JUDICIARY AND RULES
KIDNAPPING - Amends existing law to require a notice of intent to seek the
death penalty before a sentence of death may be imposed for first-degree
kidnapping.
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 - Richardson
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 - 63-1-6
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, Stone, Tilman,
Trail, Wheeler, Zimmermann
NAYS -- Stoicheff
Absent and excused -- Crow, Gould, McKague, Taylor, Wood, Mr Speaker
Floor Sponsor - Clark
Title apvd - to Senate
03/24 To enrol
03/27 Rpt enrol - Pres signed - Sp signed
03/28 To Governor
03/30 Governor signed
Session Law Chapter 126
Effective: 07/01/00
S1295
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1295
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO PUNISHMENT FOR FIRST-DEGREE KIDNAPPING; AMENDING SECTION 18-4504,
3 IDAHO CODE, TO PROVIDE THAT A SENTENCE OF DEATH SHALL NOT BE IMPOSED FOR
4 FIRST-DEGREE KIDNAPPING UNLESS THE PROSECUTING ATTORNEY FILED A WRITTEN
5 NOTICE OF INTENT TO SEEK THE DEATH PENALTY AND TO MAKE TECHNICAL CORREC-
6 TIONS; AMENDING CHAPTER 45, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW
7 SECTION 18-4504A, IDAHO CODE, TO PROVIDE FOR A NOTICE OF INTENT TO SEEK
8 THE DEATH PENALTY, TO PROVIDE THE FILING REQUIREMENTS OF THE NOTICE AND TO
9 PROVIDE FOR WITHDRAWAL OF THE NOTICE; AMENDING SECTION 18-4505, IDAHO
10 CODE, TO PROVIDE THAT A SENTENCE OF DEATH SHALL NOT BE IMPOSED FOR FIRST-
11 DEGREE KIDNAPPING UNLESS A NOTICE OF INTENT TO SEEK THE DEATH PENALTY WAS
12 FILED AND SERVED AS PROVIDED IN SECTION 18-4504A, IDAHO CODE, AND TO MAKE
13 TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 18-4504, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 18-4504. PUNISHMENT -- LIBERATION OF KIDNAPED KIDNAPPED PERSON. 1. Every
18 person guilty of kidnaping kidnapping in the first degree shall suffer death
19 or be punished by imprisonment in the state prison for life, provided, a sen-
20 tence of death shall not be imposed unless the prosecuting attorney filed
21 written notice of intent to seek the death penalty as required under the pro-
22 visions of section 18-4504A, Idaho Code, and provided further that the sen-
23 tence of death shall not be imposed if prior to its imposition the kidnaped
24 kidnapped person has been liberated unharmed.
25 2. Kidnaping Kidnapping in the second degree is punishable by imprison-
26 ment in the state prison not less than one (1) nor more than twenty-five (25)
27 years.
28 SECTION 2. That Chapter 45, Title 18, Idaho Code, be, and the same is
29 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
30 ignated as Section 18-4504A, Idaho Code, and to read as follows:
31 18-4504A. NOTICE OF INTENT TO SEEK DEATH PENALTY. A sentence of death
32 shall not be imposed unless the prosecuting attorney filed written notice of
33 intent to seek the death penalty with the court and served the notice upon the
34 defendant or his attorney of record no later than thirty (30) days after entry
35 of a plea. A notice of intent to seek the death penalty may be withdrawn at
36 any time prior to the imposition of sentence.
37 SECTION 3. That Section 18-4505, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 18-4505. INQUIRY INTO MITIGATING OR AGGRAVATING CIRCUMSTANCES -- SENTENCE
2
1 IN KIDNAPING KIDNAPPING CASES -- STATUTORY AGGRAVATING CIRCUMSTANCES -- JUDI-
2 CIAL FINDINGS. 1. After a plea or verdict of guilty, where a discretion is
3 conferred upon the court as to the extent of the punishment, the court, upon
4 the oral or written suggestion of either party that there are circumstances
5 which may be properly taken into view either in aggravation or mitigation of
6 the punishment, may, in its discretion, hear the same summarily, at a speci-
7 fied time, and upon such notice to the adverse party as it may direct.
8 2. Where a person is convicted of an offense which may be punishable by
9 death, a sentence of death shall not be imposed unless a notice of intent to
10 seek the death penalty was filed and served as provided in section 18-4504A,
11 Idaho Code, and the court finds at least one (1) statutory aggravating circum-
12 stance. Where the court finds a statutory aggravating circumstance the court
13 shall sentence the defendant to death unless the court finds that mitigating
14 circumstances which may be presented outweigh the gravity of any aggravating
15 circumstance found and make imposition of death unjust.
16 3. In all cases in which the death penalty may be imposed, the court
17 shall, after conviction, order a presentence investigation to be conducted
18 according to such procedures as are prescribed by law and shall thereafter
19 convene a sentencing hearing for the purpose of hearing all relevant evidence
20 and arguments of counsel in aggravation and mitigation of the offense. At such
21 hearing, the state and the defendant shall be entitled to present all relevant
22 evidence in aggravation and mitigation. Should any party present aggravating
23 or mitigating evidence which has not previously been disclosed to the opposing
24 party or parties, the court shall, upon request, adjourn the hearing until the
25 party desiring to do so has had a reasonable opportunity to respond to such
26 evidence. Evidence admitted at trial shall be considered and need not be
27 repeated at the sentencing hearing. Evidence offered at trial but not admitted
28 may be repeated or amplified if necessary to complete the record.
29 4. Upon the conclusion of the evidence and arguments in mitigation and
30 aggravation the court shall make written findings setting forth any statutory
31 aggravating circumstance found. Further, the court shall set forth in writing
32 any mitigating factors considered and, if the court finds that mitigating cir-
33 cumstances outweigh the gravity of any aggravating circumstance found so as to
34 make unjust the imposition of the death penalty, the court shall detail in
35 writing its reasons for so finding.
36 5. Upon making the prescribed findings, the court shall impose sentence
37 within the limits fixed by law.
38 6. The following are statutory aggravating circumstances, at least one
39 (1) of which must be found to exist beyond a reasonable doubt before a sen-
40 tence of death can be imposed:
41 (a) The victim of the kidnaping kidnapping was subjected by the kidnaper
42 kidnapper or those acting in concert with him to torture, maiming or the
43 intentional infliction of grievous mental or physical injury.
44 (b) The defendant knowingly created a great risk of death to any person,
45 including the kidnaped kidnapped.
46 (c) The kidnaping kidnapping was committed for remuneration or the prom-
47 ise of remuneration or the defendant employed another to commit the
48 kidnaping kidnapping for remuneration or the promise of remuneration.
49 (d) The kidnaping kidnapping was especially heinous, atrocious or cruel,
50 manifesting exceptional depravity.
51 (e) The kidnaping kidnapping was committed for the purpose of murdering
52 or maiming a witness or potential witness in a judicial proceeding.
53 SECTION 4. This act shall be in full force and effect on and after July
54 1, 2000.
STATEMENT OF PURPOSE
RS 09500
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 I.C. 18-4504 which provides
for a potential death penalty for first degree kidnapping, and
18-4505 which provides for an inquiry into mitigating and
aggravating circumstances at sentencing in kidnapping cases, to
add the requirement that a death penalty shall not be imposed
unless the prosecuting attorney gives written notice of intent to
seek the death penalty. This bill also adds a new section, 18-4504A,
which prescribes the procedure for filing and serving the notice of
intent to seek the death penalty. In 1998, sections 18-4004 and
19-2515, Idaho Code, relating to punishment for capital murder
were amended to provide that a sentence of death shall not be
imposed unless the prosecuting attorney gives written notice of
intent to seek the death penalty. However, Idaho Code 18-4504 and
18-4505 relating to the death penalty in kidnapping cases were not
amended to impose the same requirement.. This bill corrects this
deficiency, and will make the death penalty provisions of the
kidnapping law consistent with the death penalty provisions of
the capital murder statutes.
FISCAL NOTE
It is not anticipated that this bill will have a measurable 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 S1295