2001 Legislation
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SENATE BILL NO. 1008 – Defendnt, trial date, felny/misdmnr

SENATE BILL NO. 1008

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN 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 / Fiscal Impact




                        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