2000 Legislation
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SENATE BILL NO. 1335 – Murder/officr/aggravatng circumstnc

SENATE BILL NO. 1335

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Daily Data Tracking History



S1335................................................by JUDICIARY AND RULES
MURDER - OFFICERS - Amends existing law to include as a statutory
aggravating circumstance whether the murder was committed against a former
or present peace officer, executive officer, officer of the court, judicial
officer, or prosecuting attorney,  because of the victim's official status.
02/01    Senate intro - 1st rdg - to printing
02/02    Rpt prt - to Jud
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 30-1-4
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Darrington, Deide, Frasure, Geddes, Hawkins, Ingram, Keough,
      King-Barrutia, McLaughlin, Noh, Parry, Richardson, Riggs, Risch,
      Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Walton,
      Wheeler, Whitworth, Williams
      NAYS--Dunklin
      Absent and excused--Danielson, Davis, Ipsen, Lee
    Floor Sponsors - Darrington, Risch
    Title apvd - to House
02/25    House intro - 1st rdg - to Jud
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/29    3rd rdg - PASSED - 60-7-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Black, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond,
      Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
      Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
      Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
      Reynolds, Ridinger, Robison, Sali, Schaefer, Sellman, Smith, Smylie,
      Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wood, Zimmermann
      NAYS -- Bieter, Boe, Crow, Hansen(29), Kendell, Ringo, Shepherd
      Absent and excused -- Geddes, Wheeler, Mr Speaker
    Floor Sponsor - Gould
    Title apvd - to Senate
03/30    To enrol - rpt enrol - Pres signed
03/31    Sp signed
04/03    To Governor
04/14    Governor signed
         Session Law Chapter 287
         Effective: 07/01/00

Bill Text


 S1335
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1335
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SENTENCING IN CAPITAL CASES; AMENDING SECTION 19-2515, IDAHO CODE,
  3        TO INCLUDE AS A STATUTORY AGGRAVATING CIRCUMSTANCE WHETHER THE MURDER  WAS
  4        COMMITTED  AGAINST  A  FORMER OR PRESENT PEACE OFFICER, EXECUTIVE OFFICER,
  5        OFFICER OF THE COURT, JUDICIAL OFFICER, OR PROSECUTING ATTORNEY BECAUSE OF
  6        THE VICTIM'S OFFICIAL STATUS; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 19-2515, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        19-2515.  INQUIRY INTO MITIGATING OR AGGRAVATING CIRCUMSTANCES -- SENTENCE
 11    IN  CAPITAL CASES -- STATUTORY AGGRAVATING CIRCUMSTANCES -- JUDICIAL FINDINGS.
 12    (a) After a plea or verdict of guilty the court shall  convene  a  hearing  to
 13    receive evidence and argument in aggravation and mitigation of the punishment.
 14        (b)  Where  a  person  is  sentenced  to serve a term in the penitentiary,
 15    after conviction of a crime which  falls  within  the  provisions  of  section
 16    20-223,  Idaho Code, except in cases where the court retains jurisdiction, the
 17    comments and arguments of the counsel for the state and the defendant relative
 18    to the sentencing and the comments of the judge  relative  to  the  sentencing
 19    shall  be recorded. If the comments are recorded electronically, they need not
 20    be transcribed. Otherwise, they shall be transcribed by the court reporter.
 21        (c)  Where a person is convicted of an offense which may be punishable  by
 22    death,  a  sentence of death shall not be imposed unless a notice of intent to
 23    seek the death penalty was filed and served as provided in  section  18-4004A,
 24    Idaho Code, and the court finds at least one (1) statutory aggravating circum-
 25    stance.  Where  the court finds a statutory aggravating circumstance the court
 26    shall sentence the defendant to death unless the court finds  that  mitigating
 27    circumstances  which  may  be  presented  are sufficiently compelling that the
 28    death penalty would be unjust.
 29        (d)  One convicted of murder in the first degree shall be liable to  impo-
 30    sition  of  the penalty of death if such person killed, intended a killing, or
 31    acted with reckless indifference to human life, irrespective of  whether  such
 32    person directly committed the acts that caused death.
 33        (e)  In  all  cases  in  which the death penalty may be imposed, the court
 34    shall, after conviction, order a presentence  investigation  to  be  conducted
 35    according  to  such  procedures  as are prescribed by law and shall thereafter
 36    convene a  sentencing hearing for the purpose of hearing all relevant evidence
 37    and arguments of counsel in aggravation and mitigation of the offense. At such
 38    hearing, the state and the defendant shall be entitled to present all relevant
 39    evidence in aggravation and mitigation. Should any party  present  aggravating
 40    or mitigating evidence which has not previously been disclosed to the opposing
 41    party or parties, the court shall, upon request, adjourn the hearing until the
 42    party  desiring  to  do so has had a reasonable opportunity to respond to such
 43    evidence. Evidence admitted at trial shall  be  considered  and  need  not  be
                                                                        
                                           2
                                                                        
  1    repeated at the sentencing hearing. Evidence offered at trial but not admitted
  2    may be repeated or amplified if necessary to complete the record.
  3        (f)  Upon  the  conclusion of the evidence and arguments in mitigation and
  4    aggravation the court shall make written findings setting forth any  statutory
  5    aggravating  circumstance found. Further, the court shall set forth in writing
  6    any mitigating factors considered  and, if the  court  finds  that  mitigating
  7    circumstances  are  sufficiently  compelling  that  the death penalty would be
  8    unjust, the court shall detail in writing its reasons for so finding.
  9        (g)  Upon making the prescribed findings, the court shall impose  sentence
 10    within the limits fixed by law.
 11        (h)  The  following  are statutory aggravating circumstances, at least one
 12    (1) of which must be found to exist beyond a reasonable doubt  before  a  sen-
 13    tence of death can be imposed:
 14        (1)  The defendant was previously convicted of another murder.
 15        (2)  At  the  time  the  murder was committed the defendant also committed
 16        another murder.
 17        (3)  The defendant knowingly created a great risk of death  to  many  per-
 18        sons.
 19        (4)  The murder was committed for remuneration or the promise of remunera-
 20        tion  or the defendant employed another to commit the murder for remunera-
 21        tion or the promise of remuneration.
 22        (5)  The murder was especially heinous, atrocious  or  cruel,  manifesting
 23        exceptional depravity.
 24        (6)  By  the  murder,  or  circumstances  surrounding  its commission, the
 25        defendant exhibited utter disregard for human life.
 26        (7)  The murder was committed in the perpetration of, or attempt to perpe-
 27        trate, arson, rape,  robbery,  burglary,  kidnapping  or  mayhem  and  the
 28        defendant  killed, intended a killing, or acted with reckless indifference
 29        to human life.
 30        (8)  The defendant, by prior conduct or conduct in the commission  of  the
 31        murder  at  hand,  has  exhibited a propensity to commit murder which will
 32        probably constitute a continuing threat to society.
 33        (9)  The murder was committed against a former or present  peace  officer,
 34        executive  officer,  officer of the court, judicial officer or prosecuting
 35        attorney because of the exercise  of  official  duty  or  because  of  the
 36        victim's former or present official status.
 37        (10) The  murder was committed against a witness or potential witness in a
 38        criminal or civil legal proceeding because of such proceeding.
                                                                        
 39        SECTION 2.  This act shall be in full force and effect on and  after  July
 40    1, 2000.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS09676

This proposal is intended to clarify that the murder of a 
former or present peace officer, executive officer, officer 
of the court, judicial officer or prosecuting attorney, 
because of the individual's official status, is an aggravating 
circumstance under Idaho Code. In such cases, the application
of the death penalty is an eligible punishment for the judge 
to consider.

                          FISCAL IMPACT

The infrastructure and resources are currently in place to 
prosecute, appeal, and carry out the death penalty when it is 
imposed by the courts. This legislation would not increase 
the number of cases in which prosecutors would seek the death 
penalty but would clarify when it could be imposed by the court.
No fiscal impact is anticipated. 

CONTACT
Name: Michael Bogert
Agency: Office of the Governor
Phone: 334-2100

STATEMENT OF PURPOSE/FISCAL IMPACT                    S 133