Print Friendly SENATE BILL NO. 1335 – Murder/officr/aggravatng circumstnc
SENATE BILL NO. 1335
View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
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
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
|||| 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
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-
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
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
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.
Name: Michael Bogert
Agency: Office of the Governor
STATEMENT OF PURPOSE/FISCAL IMPACT S 133