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S1294................................................by JUDICIARY AND RULES
CURFEW VIOLATIONS - Amends existing law to clarify that a peace officer may
issue a citation for a curfew violation; and to provide that when a
citation is used, the case shall proceed as though the violation had been
charged by petition.
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 - King-Barrutia
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 - 62-1-7
AYES -- Alltus, Barraclough, Barrett, Bieter, Black, Boe, Bruneel,
Callister, Campbell, 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
NAYS -- Chase
Absent and excused -- Bell, Crow, Gould, McKague, Taylor, Wood, Mr
Speaker
Floor Sponsor - Montgomery
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 74
Effective: 07/01/00
S1294
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1294
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CURFEW VIOLATIONS; AMENDING SECTION 20-510, IDAHO CODE, TO CLARIFY
3 THAT A PEACE OFFICER MAY ISSUE A CITATION FOR A CURFEW VIOLATION; AMENDING
4 SECTION 20-549, IDAHO CODE, TO CLARIFY THAT WHEN A CITATION IS ISSUED FOR
5 A CURFEW VIOLATION THE CASE SHALL PROCEED AS THOUGH THE VIOLATION HAD BEEN
6 CHARGED BY A PETITION; AND PROVIDING AN EFFECTIVE DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 20-510, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 20-510. INFORMATION -- INVESTIGATION -- PETITION. Any peace officer, any
11 prosecuting attorney, or any authorized representative of the board of
12 trustees of a school district of this state, having knowledge of a juvenile
13 who is within the purview of this act may file a petition with the court in
14 such form as may be required by the court, except a peace officer may also
15 issue a citation for a curfew violation pursuant to section 20-549, Idaho
16 Code. Said individual or agency shall be responsible for providing the evi-
17 dence to support the allegations made in the petition, provided this in no way
18 shall relieve peace officers from enforcement of the law as set forth in sec-
19 tion 31-2227, Idaho Code. The court shall make a preliminary inquiry to deter-
20 mine whether the interests of the public or of the juvenile require that fur-
21 ther action be taken. Such inquiry may be made through the county probation
22 officer or such other agent or investigation officer designated by the court.
23 Thereupon, the court may make such informal adjustment as is practicable, or
24 dismiss the petition, or set the matter for hearing. If an informal adjustment
25 is made, it shall provide for full or partial restitution in the manner and
26 form prescribed by the court when the offense involves loss or damage of prop-
27 erty of another. A probation officer shall not file a petition unless the
28 juvenile has previously been under the jurisdiction of the court. The petition
29 and all subsequent court documents shall be entitled "In the interest of ...,
30 a juvenile under eighteen (18) years of age." The petition may be made upon
31 information and belief but it shall be made under oath. It shall set forth
32 plainly: (1) the facts which bring the juvenile within the purview of this
33 act; (2) the name, age, and residence of the juvenile; (3) the names and resi-
34 dences of his parents and spouse, if any; (4) the name and residence of his
35 legal guardian, if there be one, or the person or persons having custody or
36 control of the juvenile, or of the nearest known relative if no parent or
37 guardian can be found. If any of the facts herein required are not known by
38 the petitioner the petition shall so state.
39 Service of a petition upon the parents, legal guardian or person or per-
40 sons having custody or control of the juvenile shall subject the parents,
41 legal guardian or person or persons having custody or control of the juvenile
42 to the provisions of this chapter. The petition shall inform the parents,
43 legal guardian or other person legally obligated to care for and support the
2
1 juvenile that service of the petition upon them shall make them subject to the
2 provisions of this chapter.
3 SECTION 2. That Section 20-549, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 20-549. CURFEW VIOLATIONS -- CITATION -- NOTIFICATION. Violation by a
6 juvenile of a curfew established by a municipal or county ordinance shall be
7 punishable by a fine not to exceed three hundred dollars ($300), detention, or
8 both. Fines shall be deposited in the county juvenile justice fund of the
9 county where the violation occurred, or if such a fund has not been estab-
10 lished, then in the current county expense account for juvenile corrections
11 purposes in the county where the violation occurred. The imposition of deten-
12 tion shall be subject to the provisions of sections 20-520(1)(b) and 20-521,
13 Idaho Code. Detention of a juvenile in a county jail for violation of a curfew
14 is prohibited.
15 Any peace officer may issue a citation for violation of a curfew that
16 shall thereafter be processed proceed under the juvenile corrections act in
17 the same manner as though the violation was charged by a petition. Citations
18 shall be issued on the Idaho uniform citation form. The peace officer issuing
19 a curfew citation may detain the violator and at the time the citation is
20 issued shall make a reasonable effort to obtain the endorsement of the
21 juvenile's parent or legal guardian on the citation. If the endorsement of a
22 parent or legal guardian cannot be obtained with the exercise of reasonable
23 diligence, a copy of the citation shall be hand delivered or mailed to the
24 juvenile's parent or legal guardian by a peace officer at least seven (7) days
25 prior to the date set for the juvenile's appearance. The citation shall pro-
26 vide a date certain for the appearance before a magistrate of the juvenile and
27 parent or legal guardian.
28 When sentencing a juvenile for violating a curfew, the court may also
29 enter any order authorized in section 20-520, Idaho Code. The court shall
30 have jurisdiction over the parent or legal guardian of the violator pursuant
31 to section 20-522, Idaho Code.
32 SECTION 3. This act shall be in full force and effect on and after July
33 1, 2000.
STATEMENT OF PURPOSE
RS 09499
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 section 20-549 of the
Juvenile Corrections Act which permits theuse of a uniform citation
to charge a juvenile with a curfew violation, to clarify the
interaction of this section with other provisions of the Juvenile
Corrections Act relating to the prosecution ofjuvenile offenses.
Section 20-549 was adopted in 1998 to allow for the simple expeditious
charging of curfew violations by a uniform citation in lieu of the
necessity of filing a formal juvenile petition with the court.
However, certain issues have arisen regarding the operation of
this section on other sections of the Juvenile Corrections Act
and the proposed amendments will resolve thoseconcerns.
FISCAL NOTE
No impact on state or local funds is anticipated.
Contact Person: Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246
Statement of Purpose/Fiscal Note S 1294