2002 Legislation
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SENATE BILL NO. 1282 – Juveniles, under 14, jurisdiction

SENATE BILL NO. 1282

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Daily Data Tracking History



S1282................................................by JUDICIARY AND RULES
JUVENILES - Amends existing law to clarify the jurisdiction for juvenile
violators aged fourteen years or younger for certain violations.
                                                                        
01/15    Senate intro - 1st rdg - to printing
01/16    Rpt prt - to Jud
01/24    Rpt out - rec d/p - to 2nd rdg
01/25    2nd rdg - to 3rd rdg
01/28    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
      Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
      Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
      Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne(Thorne), Wheeler, Williams
      NAYS -- None
      Absent and excused -- Branch, Sims
    Floor Sponsor - Lodge
    Title apvd - to House
01/29    House intro - 1st rdg - to Jud
02/22    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 62-0-8
      AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
      Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Jaquet, Jones,
      Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Martinez,
      Meyer, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23),
      Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Barrett, Crow, Gagner, Hornbeck, Mader,
      McKague, Montgomery, Mortensen
    Floor Sponsor - Smith(23)
    Title apvd - to Senate
03/07    To enrol
03/08    Rpt enrol - Pres signed
03/11    Sp signed
03/12    To Governor
03/21    Governor signed
         Session Law Chapter 185
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1282
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-505, IDAHO CODE,
  3        TO CLARIFY THE JURISDICTION FOR JUVENILE VIOLATORS AGED FOURTEEN YEARS  OR
  4        YOUNGER FOR CERTAIN VIOLATIONS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section  20-505, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        20-505.  JURISDICTION. Subject to the prior  jurisdiction  of  the  United
  9    States,  the  court shall have exclusive, original jurisdiction over any juve-
 10    nile and over any adult who was a juvenile at the time of any act, omission or
 11    status, in the county in which the juvenile resides, or in the county in which
 12    the act, omission or status allegedly took place, in the following cases:
 13        (1)  Where the act, omission or status is prohibited  by  federal,  state,
 14    local  or municipal law or ordinance by reason of minority only, regardless of
 15    where the same occurred;
 16        (2)  Where the act or omission is a violation of any federal, state, local
 17    or municipal law or ordinance which would be a crime if committed by an adult,
 18    regardless of where the same occurred, except traffic,  watercraft,  fish  and
 19    game, failure to obey a misdemeanor citation and criminal contempt violations.
 20    A  juvenile  violator  under the age of fourteen (14) years at the time of the
 21    violation may, at the discretion of the court, be treated under the provisions
 22    of this chapter;
 23        (3)  Concerning any juvenile where the juvenile comes under the purview of
 24    the interstate compact on juveniles as set forth  in  chapter  19,  title  16,
 25    Idaho Code;
 26        (4)  This  chapter  shall not apply to juvenile violators of beer, wine or
 27    other alcohol and tobacco laws; except that a juvenile violator under the  age
 28    of  fourteen (14) years at the time of the violation may, at the discretion of
 29    the court, be treated under the provisions of this chapter;
 30        (5)  This chapter shall not apply to the  violent  juvenile  offender,  as
 31    defined in this chapter;
 32        (6)  This chapter shall not apply to juvenile violators of traffic, water-
 33    craft, fish and game, failure to obey a misdemeanor citation and criminal con-
 34    tempt  laws;  except  that  a juvenile violator under the age of fourteen (14)
 35    years at the time of  such violation may, at the discretion of the  court,  be
 36    treated under the provisions of this chapter.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE

                             RS 11525C2
                                 
This bill is one of a series of bills that the Supreme Court has 
recommended in its annual report to the Governor concerning defects 
or omissions in the laws, as required under article V, section 25 
of the Idaho Constitution.
  
Section 20-505(2), Idaho Code, provides that traffic, watercraft, 
fish and game, failure to obey a misdemeanor citation, and criminal 
contempt violations committed by a juvenile are to be prosecuted 
outside of the Juvenile Corrections Act, except when the juvenile 
is under fourteen years of age, in which case the court may allow 
these offenses to be adjudicated under the Juvenile Corrections Act.  
This bill amends this provision to clarify that the under fourteen 
years of age exception is limited to these specifically enumerated 
offenses and no other violations of federal, state, or local laws.
  

                          FISCAL NOTE

  This bill will not 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              S 1282