2000 Legislation
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SENATE BILL NO. 1293 – Juvenile, adult criminal proceeding

SENATE BILL NO. 1293

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Daily Data Tracking History



S1293................................................by JUDICIARY AND RULES
JUVENILES - Amends existing law to clarify that a juvenile transferred for
adult criminal proceedings under Section 20-508 or 20-509, Idaho Code,
shall thereafter be handled in every respect as an adult.
                                                                        
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 - Sorensen
    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 - 65-0-5
      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, Stoicheff,
      Stone, Tilman, Trail, Wheeler, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Crow, Gould, McKague, Taylor, Wood
    Floor Sponsor - Hammond
    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 73
         Effective: 07/01/00

Bill Text


 S1293
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1293
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-509, IDAHO CODE,
  3        TO CLARIFY THAT A JUVENILE WHO HAS BEEN  TRANSFERRED  FOR  ADULT  CRIMINAL
  4        PROCEEDINGS  UNDER  SECTION  20-508,  IDAHO CODE, OR SECTION 20-509, IDAHO
  5        CODE, SHALL THEREAFTER BE HANDLED IN EVERY RESPECT AS AN ADULT AND TO MAKE
  6        TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 20-509, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        20-509.  VIOLENT  OFFENSES,  CONTROLLED SUBSTANCES VIOLATIONS NEAR SCHOOLS
 11    AND OFFENDERS. (1) Any juvenile, age fourteen (14) years to age eighteen  (18)
 12    years,  who  is  alleged  to have committed any of the following crimes or any
 13    person under age fourteen (14) years who is alleged to have committed  any  of
 14    the  following  crimes  and,  pursuant to section 20-508, Idaho Code, has been
 15    ordered by the court to be held for adult criminal proceedings:
 16        (a)  Murder of any degree or attempted murder;
 17        (b)  Robbery;
 18        (c)  Rape, but excluding statutory rape;
 19        (d)  Forcible sexual penetration by the use of a foreign object;
 20        (e)  Infamous crimes against nature, committed by force or violence;
 21        (f)  Mayhem;
 22        (g)  Assault or battery with the intent to commit any of the above serious
 23        felonies;
 24        (h)  A violation of the provisions of  section  37-2732(a)(1)(A),  (B)  or
 25        (C),  Idaho  Code,  when  the violation occurred on or within one thousand
 26        (1,000) feet of the property of any public or private primary or secondary
 27        school, or in those portions of  any  building,  park,  stadium  or  other
 28        structure  or grounds which were, at the time of the violation, being used
 29        for an activity sponsored by or through such a school;
 30        (i)  Arson in the first degree and aggravated arson;
 31    shall be charged, arrested and proceeded against by complaint,  indictment  or
 32    information  as  an  adult.  All other felonies or misdemeanors charged in the
 33    complaint, indictment or information, which are  based  on  the  same  act  or
 34    transaction  or on one (1) or more acts or transactions as the violent or con-
 35    trolled substances offense shall similarly be charged, arrested and  proceeded
 36    against  as  an adult. Any juvenile proceeded against pursuant to this section
 37    shall be accorded all constitutional rights, including bail and trial by jury,
 38    and procedural safeguards as if that juvenile were an adult defendant.
 39        (2)  Once a juvenile has been formally charged  or  indicted  pursuant  to
 40    this section or has been transferred for criminal prosecution as an adult pur-
 41    suant to the waiver provisions of section 20-508, Idaho Code, or this section,
 42    the  juvenile  shall  be  held in a county jail or other adult prison facility
 43    unless the court, after finding good cause, orders otherwise.
                                                                        
                                       2
                                                                        
  1        (3)  Once a juvenile has been found to  have  committed  the  offense  for
  2    which  the juvenile was charged, indicted or transferred pursuant to this sec-
  3    tion or section 20-508, Idaho Code, or has been found guilty or pled guilty to
  4    a lesser offense or amended charge growing out of or included within the orig-
  5    inal charge, whether or not such lesser offense or amended charge is  included
  6    within  the  acts  enumerated  in subsection (1) of this section, the juvenile
  7    shall thereafter be handled in every respect as an adult. For  any  subsequent
  8    violation  of  Idaho law, the juvenile shall be handled in every respect as an
  9    adult.
 10        (4)  The sentencing judge of any juvenile convicted pursuant to this  sec-
 11    tion  may choose to sentence the convicted person in accordance with the juve-
 12    nile sentencing options set forth in this act, if a finding is made that adult
 13    sentencing measures would be inappropriate.
                                                                        
 14        SECTION 2.  This act shall be in full force and effect on and  after  July
 15    1, 2000.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE
                            RS 09498

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 bill amends I.C. 20-SO9(3) of the Juvenile 
Corrections Act to clarify that the term "transfer" includes both 
automatic transfers of a juvenile to adult court under I.C. 20- 509 
and discretionary transfers of the juvenile under I.C. 20- 508.  
Idaho Code 20-509 provides for the so-called automatic transfer of 
juvenile offenders to adult court when the juvenile is alleged to 
have committed certain enumerated violent crimes and drug offenses. 
Idaho Code 20-508 also provides for the transfer of the juvenile 
offender to adult court as a matter of the court's discretion when 
certain factors exist relating to the severity of the offense, the 
juvenile's record, and protection of the public, even though the 
juvenile may not be charged with one of the offenses enumerated in 
I.C. 20-509.  Idaho Code 20-509(3) provides that once a juvenile has 
been found to have committed the offense for which the juvenile was 
charged, indicted or "transferred" the juvenile shall thereafter be 
treated as an adult, including subsequent violations of Idaho law. 
However, it isn't clear that the term "transferred" also includes a 
juvenile who has been transferred as a matter ofthe courts discretion 
under I.C. 20-508. This bill will remove that uncertainty.

                                  FISCAL NOTE 

It is not anticipated that this bill will have an 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                            S1293