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H0421........................................................by MR. SPEAKER
Requested by: State Appellate Public Defender
PRESENTENCE REPORTS - APPELLATE COUNSEL - Amends existing law to provide
that in criminal proceedings appellate counsel shall receive a copy of the
presentence report and documentary exhibits where the presentence report or
documentary exhibits were transmitted to the Supreme Court or Court of
Appeals for use in appellate proceedings to which the state or any of its
officers is a party in an official capacity.
01/17 House intro - 1st rdg - to printing
Rpt prt - to Jud
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 66-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Loertscher, Marley, McKague, Meyer, Montgomery, Mortensen, Moss,
Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wood, Zimmermann
NAYS -- None
Absent and excused -- Crow, Mader, Wheeler, Mr Speaker
Floor Sponsor - Clark
Title apvd - to Senate
02/22 Senate intro - 1st rdg - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
02/29 2nd rdg - to 3rd rdg
03/24 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - King-Barrutia
Title apvd - to House
03/27 To enrol
03/28 Rpt enrol - Sp signed
03/29 Pres signed
03/30 To Governor
Governor signed
Session Law Chapter 108
Effective: 03/30/00
H0421|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 421 BY MR. SPEAKER Requested by: State Appellate Public Defender 1 AN ACT 2 RELATING TO THE RECORD ON APPEAL IN CRIMINAL PROCEEDINGS AND MAKING PROVISIONS 3 FOR THE DISTRIBUTION OF THE PRESENTENCE REPORT; AMENDING SECTION 19-2803, 4 IDAHO CODE, TO PROVIDE THAT APPELLATE COUNSEL SHALL RECEIVE A COPY OF THE 5 PRESENTENCE REPORT AND DOCUMENTARY EXHIBITS WHERE THE PRESENTENCE REPORT 6 OR DOCUMENTARY EXHIBITS WERE TRANSMITTED TO THE SUPREME COURT OR COURT OF 7 APPEALS FOR USE IN APPELLATE PROCEEDINGS TO WHICH THE STATE OR ANY OF ITS 8 OFFICERS IS A PARTY IN AN OFFICIAL CAPACITY AND TO MAKE TECHNICAL CORREC- 9 TIONS; AND DECLARING AN EMERGENCY. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 19-2803, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 19-2803. RECORD ON APPEAL -- ORAL ARGUMENT -- EXHIBITS -- PRESENTENCE 14 REPORT ON APPEAL. (a) The clerk's record and the reporter's transcript in an 15 appeal of a criminal action to theSsupremeCcourt shall contain such portions 16 and documents of the proceedings of the district court, and be prepared, proc- 17 essed and transmitted to theSsupremeCcourt as provided byRrule of the 18SsupremeCcourt. Argument of a criminal appeal shall be as prescribed byRrule 19 of theSsupremeCcourt, but the defendant shall not have any right to appear 20 at the time of oral argument unless otherwise ordered by theSsupremeCcourt. 21 (b) In any case where a presentence report is relevant to any issue on 22 appeal, and is transmitted to theSsupremeCcourt or the court of appeals for 23 such use, the clerk of the district court shall serve a copy of the report on 24 the attorney general and on appellate counsel for the defendant. 25 (c) In any case where a documentary exhibit is transmitted to the 26SsupremeCcourt or the court of appeals for use in appellate proceedings to 27 which the state or any of its officers is a party in an official capacity, the 28 clerk of the district court shall serve a copy of the exhibit on the attorney 29 general and on appellate counsel for the defendant. 30 SECTION 2. An emergency existing therefor, which emergency is hereby 31 declared to exist, this act shall be in full force and effect on and after its 32 passage and approval.
STATEMENT OF PURPOSE
RS09380
Amend Idaho Code 19-2803 et.seq to include appellate counsel
in the receipt of the presentence report (more commonly
referred to as the presentence investigation or PSI) and
exhibits as well as the attorney general in those cases where
the PSI and documentary evidence are transmitted to the
Supreme Court or Court of Appeals for use in the appellate
proceedings.
FISCAL IMPACT
There would be a positive fiscal impact. The PSIs and other
documentary evidence are currently produced by the courts in
response to motions for production submitted by defense
appellate counsel. This process takes time and administrative
supplies. With appellate counsel included in the proposed
amendment, time and material will be saved.
CONTACT
Name: Ronaldo A. Coulter, State Appellate Public Defender
Agency: Office of the State Appellate Public Defender
Phone: (208) 334 2712
Statement of Purpose/Fiscal Impact H0421