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S1468................................................by JUDICIARY AND RULES PREGNANT VICTIMS - Adds to existing law to provide for extended sentences for specified crimes against pregnant victims. 02/19 Senate intro - 1st rdg - to printing 02/20 Rpt prt - to Jud Rpt out - rec d/p - to 2nd rdg 02/21 2nd rdg - to 3rd rdg 02/25 3rd rdg - PASSED - 33-2-0 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- Bunderson, Ingram Absent and excused -- None Floor Sponsors - Sorensen & Dunklin Title apvd - to House 02/26 House intro - 1st rdg - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1468 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 felony), 12 18-4001 (murder), 18-4006 1. (voluntary manslaughter), 18-4006 2. (involuntary 13 manslaughter), 18-4006 3.(a) or (b) (vehicular manslaughter) or 18-4015 14 (assault with intent to murder), Idaho Code, which causes a pregnant woman to 15 suffer a miscarriage or stillbirth, shall be sentenced to an extended term of 16 imprisonment. 17 (2) The extended term of imprisonment provided in this section shall be 18 determined by increasing by a term of up to fifteen (15) years the maximum 19 sentence authorized for the crime for which the person was convicted. The 20 court shall consider the offender's knowledge of the victim's pregnancy in 21 determining the appropriate sentence. 22 (3) The provisions of this section shall apply only if the information or 23 indictment separately charges that the miscarriage or stillbirth suffered by 24 the victim was a result of the actions of the accused and such charge is 25 admitted by the accused or found to be true by the trier of fact at trial.
STATEMENT OF PURPOSE RS 12111 Violent crimes committed against pregnant women which result in stillbirth or miscarriage must be punished. This legislation appropriately punishes, through enhanced sentences, violence which results in not only harm to the pregnant woman, but also to her pregnancy. A sentence may be extended for up to fifteen years when a violent criminal act terminates a pregnancy. The sentencing judge must consider the offenders knowledge of the victims pregnancy in determining appropriate punishment. FISCAL IMPACT The only fiscal impact would be related to the extended terms. Contact Name: Senator Sheila Sorensen Phone: 332-1319 Name: Senator Betsy Dunklin Phone: 332-1352 STATEMENT OF PURPOSE/FISCAL NOTE S 1468