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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
|||| 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
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