View Daily Data Tracking History
View Bill Text
View Amendment
View Statement of Purpose / Fiscal Impact
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
S1518
|||| 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. It They 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.
AS1518
|||| 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. It They 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