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H0290......................................................by STATE AFFAIRS
RAPE - PROSECUTION - Amends existing law to provide that there is no
limitation of the time within which prosecutions for rape must be
commenced; and to delete the provision requiring the return of certain
evidence.
02/20 House intro - 1st rdg - to printing
02/21 Rpt prt - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 65-0-5
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson, Tilman, Trail,
Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Jones, Smith, Stone, Swan, Wheeler
Floor Sponsors -- Field(13) & Henbest
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Jud
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS -- None
Absent and excused -- Williams
Floor Sponsor -- Davis
Title apvd - to House
03/19 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - to Governor
03/23 Governor signed
Session Law Chapter 142
Effective: 03/23/01, with application
to violations alleged to have been committed
for which prosecution deadline has not passed
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 290
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-401, IDAHO CODE, TO PRO-
3 VIDE THAT THERE IS NO LIMITATION OF THE TIME WITHIN WHICH PROSECUTIONS FOR
4 RAPE MUST BE COMMENCED; AMENDING SECTION 19-402, IDAHO CODE, TO PROVIDE
5 THAT CERTAIN TIME LIMITATIONS IN WHICH PROSECUTIONS MUST BE COMMENCED DO
6 NOT APPLY TO CRIMES OF RAPE; AMENDING SECTION 19-625, IDAHO CODE, TO
7 STRIKE THE PROVISION REQUIRING THE RETURN OF EVIDENCE AND TO MAKE TECHNI-
8 CAL CORRECTIONS; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICA-
9 TION.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 19-401, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 19-401. PROSECUTIONS FOR MURDER, OR VOLUNTARY MANSLAUGHTER OR RAPE. There
14 is no limitation of time within which a prosecution for murder, or voluntary
15 manslaughter, or rape pursuant to section 18-6101 2., 3., 4. or 5., or section
16 18-6108, Idaho Code, must be commenced. They may be commenced at any time
17 after the death or rape of the person killed or raped.
18 SECTION 2. That Section 19-402, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 19-402. COMMENCEMENT OF PROSECUTIONS FOR CRIMES AGAINST CHILDREN AND
21 OTHER FELONIES. (1) A prosecution for any felony other than murder, voluntary
22 manslaughter, rape pursuant to section 18-6101 2., 3., 4. or 5., or section
23 18-6108, Idaho Code, or any felony committed upon or against a minor child
24 must be commenced by the filing of the complaint or the finding of an indict-
25 ment within five (5) years after its commission. Except as provided in subsec-
26 tion (2) of this section, a prosecution for any felony committed upon or
27 against a minor child must be commenced within five (5) years after the com-
28 mission of the offense by the filing of the complaint or a finding of an
29 indictment.
30 (2) A prosecution under section 18-1506 or 18-1508, Idaho Code, must be
31 commenced within five (5) years after the date the child reaches eighteen (18)
32 years of age.
33 (3) A prosecution under section 18-1506A, Idaho Code, must be commenced
34 within three (3) years after the date of initial disclosure by the victim.
35 SECTION 3. That Section 19-625, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 19-625. DETENTION FOR OBTAINING EVIDENCE OF IDENTIFYING PHYSICAL CHARAC-
38 TERISTICS. (1) A peace officer who is engaged, within the scope of his author-
39 ity, in the investigation of an alleged criminal offense which is a felony may
2
1 make written application upon oath or affirmation to a judge of any district
2 court, or magistrates division thereof, for an order authorizing the temporary
3 detention, for the purpose of obtaining evidence of identifying physical char-
4 acteristics, of an identified or particularly described individual residing in
5 or found in the jurisdiction over which the judicial officer presides. The
6 order shall require the presence of the identified or particularly described
7 individual at such time and place as the court shall direct for obtaining the
8 identifying physical characteristic evidence. Such order may be issued by the
9 judicial officer upon a showing under oath of all the following:
10 (A) Probable cause for belief that a specifically described criminal
11 offense which is a felony has been committed.
12 (B) Reasonable grounds exist, which may or may not amount to probable
13 cause, to believe that the identified or particularly described individual
14 committed the criminal offense.
15 (C) Procurement of evidence of identifying physical characteristics from
16 the identified or particularly described individual may contribute to the
17 identification of the individual who committed such offense.
18 (D) Such evidence cannot otherwise be obtained by the investigating offi-
19 cer.
20 (2) Any order issued pursuant to the provisions of this section shall
21 specify the following:
22 (A) The alleged criminal offense which is the subject of the application.
23 (B) The specific type of identifying physical characteristic evidence
24 which is sought.
25 (C) The relevance of such evidence to the particular investigation.
26 (D) The identity or description of the individual who may be detained for
27 obtaining such evidence.
28 (E) The name and official status of the investigative officer authorized
29 to effectuate such detention and obtain such evidence.
30 (F) The place at which the obtaining of such evidence shall be effectu-
31 ated.
32 (G) The time that such evidence shall be taken except that no person may
33 be detained for a period of more than three (3) hours for the purpose of
34 taking such evidence.
35 (H) That the individual so identified or described shall have the right
36 to legal counsel during the detention when such evidence is obtained and
37 if he is unable to afford private counsel an attorney shall be provided at
38 public expense as provided by section 19-852, Idaho Code.
39 (I) That the individual will be under no legal obligation to submit to
40 any interrogation or to make any statement during the period of his
41 appearance unless sound of voice identification is required.
42 (J) The period of time, not exceeding ten (10) days, during which the
43 order shall continue in force and effect. If the order is not executed
44 within ten (10) days, a new order may be issued, pursuant to the provi-
45 sions of this section.
46 (3) The order issued pursuant to this section shall be returned to the
47 court not later than fifteen (15) days after its date of issuance and shall be
48 accompanied by a sworn statement indicating how and when the evidence was
49 taken and the type of evidence taken. The court shall give to the person from
50 whom such evidence was taken a copy of the order and a copy of the sworn
51 statement indicating what type of evidence was taken, if any.
52 (4) For the purposes of this section, "Iidentifying physical characteris-
53 tics" shall mean the fingerprints, palm prints, footprints, measurements,
54 handwriting, handprinting, sound of voice, blood samples, urine samples,
55 saliva samples, hair samples, comparative personal appearance, or photographs
3
1 of an individual.
2 (5) Any evidence obtained pursuant to this section shall be returned to
3 the individual from whom it was taken if a criminal action charging the
4 offense described pursuant to subsection (1)(A) hereof is not filed against
5 such individual within thirty (30) days after obtaining the same.
6 SECTION 4. An emergency existing therefor, which emergency is hereby
7 declared to exist, this act shall be in full force and effect on and after its
8 passage and approval, and shall apply retroactively to any violation alleged
9 to have been committed as to which the time for commencing prosecution has not
10 expired.
STATEMENT OF PURPOSE
RS 11174
The purpose of this legislation is to eliminate the statute of
limitations for prosecution of sexual assault. The legislation also
deletes language which requires the return of identifying physical
characteristic evidence obtained when detaining an alleged
perpetrator if charges are not filed in 30 days. This prevents the
potential community bio-hazard that improperly disposed of body
fluids presents.
FISCAL IMPACT
The actual fiscal impact over time is unknown and dependent on
future additional DNA testing and the cost of prosecuting cases that
otherwise would not have been as a result of the five year statute
of limitations.
Contact
Name: Rep. Margaret Henbest, Rep. Debbie Field
Phone: 332 1000
STATEMENT OF PURPOSE/FISCAL NOTE H 29