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S1047................................................by JUDICIARY AND RULES
INFRACTIONS - VENUE - Amends existing law to provide that if a misdemeanor
or infraction is committed in a city which is located in two counties, the
venue is in either county.
01/30 Senate intro - 1st rdg - to printing
01/31 Rpt prt - to Jud
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 25-0-10
AYES -- Bartlett, Boatright, Brandt, Bunderson, Burtenshaw,
Darrington, Davis, Deide, Dunklin, Frasure, Goedde, Hawkins, Ipsen,
Lodge, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne,
Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Andreason, Cameron, Danielson Geddes, Ingram,
Keough, King-Barrutia, Lee, Richardson, Stennett
Floor Sponsor -- Darrington
Title apvd - to House
02/16 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 63-0-7
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Chase, Collins, Cuddy, Deal, Denney,
Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould,
Hadley, Hammond, Harwood, Higgins, Hornbeck, Jaquet, Jones, Kellogg,
Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague,
Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd,
Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wood, Young, Mr.
Speaker
NAYS -- None
Absent and excused -- Campbell, Clark, Crow, Henbest, Pischner,
Smith, Wheeler
Floor Sponsor -- Hammond
Title apvd - to Senate
03/19 To enrol
03/20 Rpt enrol - Pres signed
03/21 Sp signed
03/22 To Governor
03/23 Governor signed
Session Law Chapter 121
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1047
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-305, IDAHO CODE, TO PRO-
3 VIDE THAT IF A MISDEMEANOR OR INFRACTION IS COMMITTED IN A CITY WHICH IS
4 LOCATED IN TWO COUNTIES, THE VENUE IS IN EITHER COUNTY AND TO MAKE TECHNI-
5 CAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 19-305, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 19-305. OFFENSES COMMITTED ON OR NEAR COUNTY BOUNDARIES. When a public
10 offense is committed on the boundary of two (2) or more counties, or within
11 five hundred (500) yards thereof, if the place where the crime is committed
12 cannot be ascertained with reasonable certainty by the law enforcing officers
13 of either county, or if a misdemeanor or infraction is committed in a city
14 which is located in two (2) counties, then in any such event the venue is in
15 either county. Provided, however, that a prosecution in one (1) county shall
16 be a bar to a prosecution for the same act or offense in the other county.
STATEMENT OF PURPOSE
RS 10784
About 1972 and 1986 Idaho Code 19-305 was adopted and amended to
assist cities located in two counties in economic criminal
prosecution. The statute provides in part that if a misdemeanor
is committed in a city located in two counties the venue may be
in either county.
Recently, a court determined that the infraction venue is
probably in the county where the infraction occurred. The
infraction rules came on after the enactment of 19-305 therefore
to assist cities which are located in two counties the statute
ought to be consistent for both misdemeanors and infractions.
FISCAL IMPACT
There is no fiscal impact to the state. There may be some
savings to a city in two counties.
Contact
Name: Senator Denton Darrington
Phone: (208) 332-1318
STATEMENT OF PURPOSE/FISCAL NOTE S1047