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S1008................................................by JUDICIARY AND RULES DEFENDANT - TRIAL TIME - Amends existing law to provide that an action may be dismissed if a defendant, who is charged with both a felony and a misdemeanor in the same action or charging document, and whose trial has not been postponed upon his application, is not brought to trial within six months from the date the indictment or information is filed with the court. 01/15 Senate intro - 1st rdg - to printing 01/16 Rpt prt - to Jud 01/29 Rpt out - rec d/p - to 2nd rdg 01/30 2nd rdg - to 3rd rdg 02/02 3rd rdg - PASSED - 30-0-4(1 vacant) AYES -- Andreason, Boatright, Branch, 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, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- Branch, Darrington, Lee, Risch Vacant -- Dist. #4 Floor Sponsor -- Sorensen Title apvd - to House 02/05 House intro - 1st rdg - to Jud 02/08 Rpt out - rec d/p - to 2nd rdg 02/09 2nd rdg - to 3rd rdg 02/15 3rd rdg - PASSED - 68-0-2 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, 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, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Crow, Hammond Floor Sponsor -- Montgomery Title apvd - to Senate 02/16 To enrol 02/19 Rpt enrol - Pres signed 02/20 Sp signed 02/21 To Governor 02/22 Governor signed Session Law Chapter 23 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1008 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-3501, IDAHO CODE, TO PRO- 3 VIDE THAT AN ACTION MAY BE DISMISSED IF A DEFENDANT, WHO IS CHARGED WITH 4 BOTH A FELONY AND A MISDEMEANOR IN THE SAME ACTION OR CHARGING DOCUMENT, 5 AND WHOSE TRIAL HAS NOT BEEN POSTPONED UPON HIS APPLICATION, IS NOT 6 BROUGHT TO TRIAL WITHIN SIX MONTHS FROM THE DATE THE INDICTMENT OR INFOR- 7 MATION IS FILED WITH THE COURT AND TO MAKE TECHNICAL CORRECTIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 19-3501, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 19-3501. WHEN ACTION MAY BE DISMISSED. The court, unless good cause to 12 the contrary is shown, must order the prosecution or indictment to be dis- 13 missed, in the following cases: 14 (1.) When a person has been held to answer for a public offense, if an 15 indictment or information is not found against him and filed with the court 16 within six (6) months from the date of his arrest. 17 (2.) If a defendant, whose trial has not been postponed upon his applica- 18 tion, is not brought to trial within six (6) months from the date that the 19 indictment or information is filed with the court. 20 (3.) If a defendant, charged with a misdemeanor offense, whose trial has 21 not been postponed upon his application, is not brought to trial within six 22 (6) months from the date that the defendant enters a plea of not guilty with 23 the court. 24 (4) If a defendant, charged with both a felony or multiple felonies and a 25 misdemeanor or multiple misdemeanors together in the same action or charging 26 document, whose trial has not been postponed upon his application, is not 27 brought to trial within six (6) months from the date that the indictment or 28 information is filed with the court.
STATEMENT OF PURPOSE RS10584 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. Section 19-3501, Idaho Code, prescribes the time limits within which a criminal defendant must be brought to trial or the action may be dismissed. In respect to a misdemeanor charge, the trial must be held within six months of the entry of the not guilty plea. On a felony charge, the trial must be held within six months of the filing of the information or indictment. However, the statute presently doesn t specify which time standard applies when felony and misdemeanor charges are combined in the same case. This bill clarifies this issue by adding subsection (4) to I.C. 19-3501 to provide that when felony and misdemeanor charges are combined in the same action or alleged in the same charging document, the six month time limitation begins with the date that the criminal indictment or information is filed with the court on the felony charge. 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 S1008