S1518aa..............................................by JUDICIARY AND RULES VOLUNTARY MANSLAUGHTER - Repeals and amends existing law to remove the time limitations for a killing to be prosecuted as murder or voluntary manslaughter. 02/22 Senate intro - 1st rdg - to printing 02/23 Rpt prt - to Jud 03/06 Rpt out - to 14th Ord 03/15 Rpt out amen - to engros 03/16 Rpt engros - 1st rdg - to 2nd rdg as amen 03/17 2nd rdg - to 3rd rdg as amen 03/21 3rd rdg as amen - 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 - Keough Title apvd - to House 03/22 House intro - 1st rdg as amen - to Jud 03/30 Rpt out - rec d/p - to 2nd rdg as amen 03/31 2nd rdg - to 3rd rdg as amen 04/04 3rd rdg as amen - PASSED - 67-0-3 AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher(Loertscher), Mader, 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, Wheeler, Wood, Zimmermann NAYS -- None Absent and excused -- Clark, Henbest, Mr Speaker Floor Sponsor - Moss Title apvd - to Senate To enrol - rpt enrol - Pres signed 04/05 Sp signed 04/06 To Governor 04/14 Governor signed Session Law Chapter 277 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1518, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO HOMICIDE; REPEALING SECTION 18-4008, IDAHO CODE; AMENDING SECTION 3 19-401, IDAHO CODE, TO PROVIDE THAT THERE IS NO TIME LIMITATION WITHIN 4 WHICH A PROSECUTION FOR VOLUNTARY MANSLAUGHTER MUST BE COMMENCED; AND 5 AMENDING SECTION 19-402, IDAHO CODE, TO PROVIDE THAT PROSECUTIONS FOR VOL- 6 UNTARY MANSLAUGHTER ARE NOT SUBJECT TO CERTAIN TIME LIMITATIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 18-4008, Idaho Code, be, and the same is hereby 9 repealed. 10 SECTION 2. That Section 19-401, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 19-401. PROSECUTIONS FOR MURDER OR VOLUNTARY MANSLAUGHTER. There is no 13 limitation of time within which a prosecution for murder or voluntary man- 14 slaughter must be commenced. ItThey may be commenced at any time after the 15 death of the person killed. 16 SECTION 3. That Section 19-402, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 19-402. COMMENCEMENT OF PROSECUTIONS FOR CRIMES AGAINST CHILDREN AND 19 OTHER FELONIES. (1) A prosecution for any felony other than murder, voluntary 20 manslaughter or any felony committed upon or against a minor child must be 21 commenced by the filing of the complaint or the finding of an indictment 22 within five (5) years after its commission. Except as provided in subsection 23 (2) of this section, a prosecution for any felony committed upon or against a 24 minor child must be commenced within five (5) years after the commission of 25 the offense by the filing of the complaint or a finding of an indictment. 26 (2) A prosecution under section 18-1506 or 18-1508, Idaho Code, must be 27 commenced within five (5) years after the date the child reaches eighteen (18) 28 years of age. 29 (3) A prosecution under section 18-1506A, Idaho Code, must be commenced 30 within three (3) years after the date of initial disclosure by the victim.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 Moved by Keough Seconded by Davis IN THE SENATE SENATE AMENDMENTS TO S.B. NO. 1518 1 AMENDMENT TO SECTION 2 2 On page 1 of the printed bill, in line 11, following "murder," insert: 3 "voluntary". 4 AMENDMENTS TO THE BILL 5 On page 1, following line 7, insert: 6 "SECTION 2. That Section 19-401, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 19-401. PROSECUTIONS FOR MURDER OR VOLUNTARY MANSLAUGHTER. There is no 9 limitation of time within which a prosecution for murder or voluntary man- 10 slaughter must be commenced. ItThey may be commenced at any time after the 11 death of the person killed."; and in line 8, delete "SECTION 2" and insert: 12 "SECTION 3". 13 CORRECTION TO TITLE 14 On page 1, in line 2, following "CODE;" insert: "AMENDING SECTION 19-401, 15 IDAHO CODE, TO PROVIDE THAT THERE IS NO TIME LIMITATION WITHIN WHICH A PROSE- 16 CUTION FOR VOLUNTARY MANSLAUGHTER MUST BE COMMENCED;"; and in line 3, follow- 17 ing "FOR" insert: "VOLUNTARY".
STATEMENT OF PURPOSE RS 09915 The purpose of this legislation is to repeal the "year and a day rule" for murder and manslaughter. Most states have abolished it. Unfortunately, some crime victims live longer than the rule, but ultimately die from the wounds suffered during the crime. The repeal of this rule will allow the people who committed the crimes to be tried and sentenced accordingly. FISCAL IMPACT There is no fiscal impact to the state's general fund. Contact Name: Senator Shawn Keough Phone: 332-1340 STATEMENT OF PURPOSE/FISCAL NOTE S 1518