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H0248................................by JUDICIARY, RULES AND ADMINISTRATION
RAPE SUSPECTS - Amends existing law to provide the time for commencement of
prosecution for sexual assault extends to one year after identification of
a suspect through DNA testing.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 248
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-402, IDAHO CODE, TO PRO-
3 VIDE THE TIME FOR COMMENCEMENT OF PROSECUTION UPON IDENTIFICATION OF A
4 SUSPECT THROUGH DNA TESTING; AMENDING SECTION 19-625, IDAHO CODE, TO
5 STRIKE THE PROVISION REQUIRING THE RETURN OF EVIDENCE; AND DECLARING AN
6 EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 19-402, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 19-402. COMMENCEMENT OF PROSECUTIONS FOR CRIMES AGAINST CHILDREN AND
11 OTHER FELONIES. (1) A prosecution for any felony other than murder, voluntary
12 manslaughter or any felony committed upon or against a minor child must be
13 commenced by the filing of the complaint or the finding of an indictment
14 within five (5) years after its commission. Except as provided in subsection
15 (2) of this section, a prosecution for any felony committed upon or against a
16 minor child must be commenced within five (5) years after the commission of
17 the offense by the filing of the complaint or a finding of an indictment.
18 (2) A prosecution under section 18-1506 or 18-1508, Idaho Code, must be
19 commenced within five (5) years after the date the child reaches eighteen (18)
20 years of age.
21 (3) A prosecution under section 18-1506A, Idaho Code, must be commenced
22 within three (3) years after the date of initial disclosure by the victim.
23 (4) A prosecution under section 18-6101, Idaho Code, must be commenced
24 within one (1) year from the establishment of the identity of the suspect
25 through DNA (deoxyribonucleic acid) testing or within the time prescribed in
26 subsection (1) of this section, whichever is later.
27 SECTION 2. That Section 19-625, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 19-625. DETENTION FOR OBTAINING EVIDENCE OF IDENTIFYING PHYSICAL CHARAC-
30 TERISTICS. (1) A peace officer who is engaged, within the scope of his author-
31 ity, in the investigation of an alleged criminal offense which is a felony may
32 make written application upon oath or affirmation to a judge of any district
33 court, or magistrates division thereof, for an order authorizing the temporary
34 detention, for the purpose of obtaining evidence of identifying physical char-
35 acteristics, of an identified or particularly described individual residing in
36 or found in the jurisdiction over which the judicial officer presides. The
37 order shall require the presence of the identified or particularly described
38 individual at such time and place as the court shall direct for obtaining the
39 identifying physical characteristic evidence. Such order may be issued by the
40 judicial officer upon a showing under oath of all the following:
41 (A) Probable cause for belief that a specifically described criminal
2
1 offense which is a felony has been committed.
2 (B) Reasonable grounds exist, which may or may not amount to probable
3 cause, to believe that the identified or particularly described individual
4 committed the criminal offense.
5 (C) Procurement of evidence of identifying physical characteristics from
6 the identified or particularly described individual may contribute to the
7 identification of the individual who committed such offense.
8 (D) Such evidence cannot otherwise be obtained by the investigating offi-
9 cer.
10 (2) Any order issued pursuant to the provisions of this section shall
11 specify the following:
12 (A) The alleged criminal offense which is the subject of the application.
13 (B) The specific type of identifying physical characteristic evidence
14 which is sought.
15 (C) The relevance of such evidence to the particular investigation.
16 (D) The identity or description of the individual who may be detained for
17 obtaining such evidence.
18 (E) The name and official status of the investigative officer authorized
19 to effectuate such detention and obtain such evidence.
20 (F) The place at which the obtaining of such evidence shall be effectu-
21 ated.
22 (G) The time that such evidence shall be taken except that no person may
23 be detained for a period of more than three (3) hours for the purpose of
24 taking such evidence.
25 (H) That the individual so identified or described shall have the right
26 to legal counsel during the detention when such evidence is obtained and
27 if he is unable to afford private counsel an attorney shall be provided at
28 public expense as provided by section 19-852.
29 (I) That the individual will be under no legal obligation to submit to
30 any interrogation or to make any statement during the period of his
31 appearance unless sound of voice identification is required.
32 (J) The period of time, not exceeding ten (10) days, during which the
33 order shall continue in force and effect. If the order is not executed
34 within ten (10) days, a new order may be issued, pursuant to the provi-
35 sions of this section.
36 (3) The order issued pursuant to this section shall be returned to the
37 court not later than fifteen (15) days after its date of issuance and shall be
38 accompanied by a sworn statement indicating how and when the evidence was
39 taken and the type of evidence taken. The court shall give to the person from
40 whom such evidence was taken a copy of the order and a copy of the sworn
41 statement indicating what type of evidence was taken, if any.
42 (4) For the purposes of this section, "Identifying physical characteris-
43 tics" shall mean the fingerprints, palm prints, footprints, measurements,
44 handwriting, handprinting, sound of voice, blood samples, urine samples,
45 saliva samples, hair samples, comparative personal appearance, or photographs
46 of an individual.
47 (5) Any evidence obtained pursuant to this section shall be returned to
48 the individual from whom it was taken if a criminal action charging the
49 offense described pursuant to subsection (1)(A) hereof is not filed against
50 such individual within thirty (30) days after obtaining the same.
51 SECTION 3. An emergency existing therefor, which emergency is hereby
52 declared to exist, this act shall be in full force and effect on and after its
53 passage and approval, and shall apply retroactively to any violation alleged
54 to have been committed after January 1, 1996.
STATEMENT OF PURPOSE
RS 11072
The purpose of this legislation is to extend the statute of
limitations for prosecution of sexual assault from 5years to within
one year of a positive DNA match. The legislation also deletes
language which allows the return of evidence to an alleged
perpetrator if charges are not filed in 30 days. This prevents the
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 24