2002 Legislation
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HOUSE BILL NO. 603 – Arrest, misdemeanor, when

HOUSE BILL NO. 603

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Daily Data Tracking History



H0603................................by JUDICIARY, RULES AND ADMINISTRATION
ARRESTS - MISDEMEANOR - Amends existing law to provide that an arrest for a
misdemeanor cannot be made inside a person's residence between 8:00pm and
8:00am unless upon direction of the magistrate or where consent was given
to enter the residence.
                                                                        
02/08    House intro - 1st rdg - to printing
02/11    Rpt prt - to Jud
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 64-0-6
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bruneel, Callister, Campbell, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Hadley, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
      Mader, Martinez, McKague, Meyer, Mortensen, Moyle, Pearce, Pischner,
      Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
      Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman,
      Trail, Wheeler, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bradford, Gould, Hammond, Montgomery, Sellman,
      Wood
    Floor Sponsor - Young
    Title apvd - to Senate
02/21    Senate intro - 1st rdg - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 31-1-3
      AYES -- Andreason, Branch(Bartlett), Bunderson, Burtenshaw, Cameron,
      Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
      Hill, Ingram, Keough, Little, Lodge, Marley, Noh, Richardson, Risch,
      Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler,
      Williams
      NAYS -- King-Barrutia
      Absent and excused -- Boatright, Brandt, Ipsen
    Floor Sponsor - Davis
    Title apvd - to House
03/12    To enrol
03/13    Rpt enrol - Sp signed
    Pres signed
03/14    To Governor
03/20    Governor signed
         Session Law Chapter 132
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 603
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-607, IDAHO CODE,  TO  PRO-
  3        VIDE  THAT  AN  ARREST  FOR A MISDEMEANOR CANNOT BE MADE INSIDE A PERSON'S
  4        RESIDENCE BETWEEN EIGHT P.M. AND EIGHT A.M. UNLESS UPON THE  DIRECTION  OF
  5        THE  MAGISTRATE AS ENDORSED UPON THE WARRANT OR WHERE CONSENT WAS GIVEN TO
  6        ENTER THE RESIDENCE BY A PERSON WITH REAL OR APPARENT AUTHORITY.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 19-607, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        19-607.  WHEN ARREST MAY BE MADE UPON A WARRANT. If the offense charged is
 11    a  felony,  the  arrest  may be made on any day, and at any time of the day or
 12    night. If it the offense charged is a misdemeanor, the arrest can shall not be
 13    made at night inside a person's residence between 8:00  p.m.  and  8:00  a.m.,
 14    unless  upon the direction of the magistrate, as endorsed upon the warrant, or
 15    where consent was given to enter the residence by a person with real or appar-
 16    ent authority.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                          RS 11969


wrien a magistrate issues an arrest warrant in a misdemeanor case, 
the magistrate must endorse on the warrant whether or not the arrest 
can be made at night. If a magistrate issues a "daytime only" 
warrant, under current law a person may not be arrested at night 
at all. This law has been on the books since 1864 and appears to 
have been designed to prevent officers from entering a persons 
residence to serve a misdemeanor arrest warrant in the nighttime. 
In the modern era, it is routine for police officers to pull people 
over in cars who have warrants for their arrest that are listed as 
"daytime only.” Similarly, people are contacted in bars, or on the 
street who have "daytime only’’ warrants. In these circumstances, 
the police are forced to let individuals with warrants for their 
arrest go.



This bill is designed to clarify that when an officer comes in 
contact with a person in a public setting, such person can be 
arrested irrespective of whether or not the warrant is daytime 
only.” The bill also clarifies that a person may not be arrested 
in his residence between the hours of 8:00 p.m. and 8:00
a.m.	under a misdemeanor warrant.


                          FISCAL IMPACT

None.



CONTACT:  Idaho Sheriffs Association, Michael J. Kane
Phone:	  342-4545



STATEMENT OF PURPOSE/FISCAL NOTE		H 603