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S1367................................................by JUDICIARY AND RULES
VICTIMS - PREGNANT - Adds to existing law to provide for extended sentences
for specified crimes against pregnant victims.
02/04 Senate intro - 1st rdg - to printing
02/05 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1367
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL JUDGMENTS; AMENDING CHAPTER 25, TITLE 19, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 19-2520A, IDAHO CODE, TO PROVIDE FOR
4 EXTENDED SENTENCES FOR SPECIFIED CRIMES AGAINST PREGNANT VICTIMS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Chapter 25, Title 19, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 19-2520A, Idaho Code, and to read as follows:
9 19-2520A. EXTENDED SENTENCE FOR CRIMES AGAINST PREGNANT VICTIMS. (1) Any
10 person convicted of a violation of section 18-905 (aggravated assault), 18-907
11 (aggravated battery), 18-911 (battery with intent to commit a serious fel-
12 ony), 18-4001 (murder), 18-4006 (manslaughter) or 18-4015 (assault with intent
13 to murder), Idaho Code, and who at the time of the offense knew or should have
14 known that the victim was pregnant, and such offense resulted in stillbirth or
15 miscarriage by the victim, shall be sentenced to an extended term of imprison-
16 ment.
17 (2) The extended term of imprisonment provided in this section shall be
18 determined by increasing by a term of fifteen (15) years the maximum sentence
19 authorized for the crime for which the person was convicted.
20 (3) The provisions of this section shall not apply unless the pregnancy
21 of the victim, and the perpetrator's knowledge or imputed knowledge thereof,
22 are separately charged in the information or indictment and admitted by the
23 accused or found to be true by the trier of fact at trial.
STATEMENT OF PURPOSE
RS 11861
The purpose of this legislation is to enhance penalties for certain
crimes committed against pregnant women. Sentences may be extended
for up to 15 years when the perpetrator committed the offense with
the knowledge that the victim was pregnant.
FISCAL IMPACT
The only fiscal impact would be related to the extended terms.
Contact
Name: Senator Sheila Sorensen
Phone: 332-1319
STATEMENT OF PURPOSE/FISCAL NOTE S 1367