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H0563................................by JUDICIARY, RULES AND ADMINISTRATION
JUVENILE RECORDS - Amends existing law to revise criteria relating to
expungement of records; and to provide additional conditions under which
juveniles may petition the court for expungement of their records.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 563
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO JUVENILES; AMENDING SECTION 20-525A, IDAHO CODE, TO REVISE CRITE-
3 RIA RELATING TO EXPUNGEMENT OF RECORDS, TO PROVIDE ADDITIONAL CONDITIONS
4 UNDER WHICH JUVENILES MAY PETITION THE COURT FOR EXPUNGEMENT OF THEIR
5 RECORDS AND TO MAKE A TECHNICAL CORRECTION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 20-525A, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 20-525A. EXPUNGEMENT OF RECORD -- HEARING -- FINDINGS NECESSARY -- SPE-
10 CIAL INDEX -- EFFECT OF ORDER. (1) Any person who has been adjudicated in a
11 case under this act and found to be within the purview of this act for having
12 committed a felony offense, may, after the expiration of five (5) years from
13 the date of termination of the continuing jurisdiction of the court, or, in
14 case the juvenile was committed to the juvenile corrections center, five (5)
15 years from the date of his release from the juvenile corrections center, or
16 after reaching age eighteen (18) years, whichever occurs last, petition the
17 court for the expungement of his record. If the person is found to be within
18 the purview of this act for having committed a misdemeanor offense or status
19 offense only, he may petition the court for expungement after one (1) year
20 from the date of the termination of the continuing jurisdiction of the court,
21 or after reaching age eighteen (18) years, whichever occurs first. In the
22 event that the prosecuting attorney elects to utilize the diversion process or
23 the court orders an informal adjustment pursuant to section 20-511, Idaho
24 Code, the person may petition the court for expungement of the record immedi-
25 ately upon satisfactory completion of the conditions imposed upon him by said
26 diversion or informal adjustment, or upon reaching age eighteen (18) years,
27 whichever occurs first. Upon the filing of the petition, the court shall set a
28 date for a hearing and shall notify the prosecuting attorney of the pendency
29 of the petition and of the date of the hearing. The prosecuting attorney and
30 any other person who may have relevant information about the petitioner may
31 testify at the hearing.
32 (2) The court may not expunge a conviction for any of the following
33 crimes from a juvenile's record:
34 (a) Administering poison with intent to kill (18-4014, Idaho Code);
35 (b) Aggravated battery (18-907, Idaho Code);
36 (c) Armed robbery (chapter 65, title 18, Idaho Code);
37 (d) Arson (chapter 8, title 18, Idaho Code);
38 (e) Assault with intent to commit a serious felony (18-909, Idaho Code);
39 (f) Assault with intent to murder (18-4015, Idaho Code);
40 (g) Assault or battery upon certain personnel, felony (18-915, Idaho
41 Code);
42 (h) Forcible sexual penetration by use of a foreign object (18-6608,
43 Idaho Code);
2
1 (i) Infamous crime against nature, committed by force or violence
2 (18-6605, Idaho Code);
3 (j) Injury to child, felony (18-1501, Idaho Code);
4 (k) Kidnapping (18-4501, Idaho Code);
5 (l) Murder of any degree (18-4001 and 18-4003, Idaho Code);
6 (m) Rape, excluding statutory rape (18-6101 and 18-6108, Idaho Code);
7 (n) Ritualized abuse of a child (18-1506A, Idaho Code);
8 (o) Sexual exploitation of a child (18-1507, Idaho Code);
9 (p) Unlawful use of destructive device or bomb (18-3320, Idaho Code);
10 (q) Voluntary manslaughter (18-4006 1., Idaho Code);
11 (r) A violation of the provisions of section 37-2732(a)(1)(A), (B) or
12 (C), Idaho Code, when the violation occurred on or within one thousand
13 (1,000) feet of the property of any public or private primary or secondary
14 school, or in those portions of any building, park, stadium or other
15 structure or grounds which were, at the time of the violation, being used
16 for an activity sponsored by or through such a school;
17 (s) A violation of the provisions of section 37-2732B, Idaho Code,
18 related to drug trafficking or manufacturing of illegal drugs.
19 (3) If the court finds after hearing that the petitioner has not been
20 adjudicated as a juvenile for any of the crimes identified in subsection (2)
21 of this section, and has not been convicted of a felony, or of a misdemeanor
22 wherein violence toward another person was attempted or committed since the
23 termination of the court's jurisdiction or his release from the juvenile cor-
24 rections center, and that no proceeding involving such felony or misdemeanor
25 is pending or being instituted against him, and if the court further finds to
26 its satisfaction that the petitioner has been held accountable, is developing
27 life skills necessary to become a contributing member of the community and
28 that the expungement of the petitioner's record will not compromise public
29 safety, it shall order all records in the petitioner's case in the custody of
30 the court and all such records in the custody of any other agency or official
31 sealed; and shall further order all references to said adjudication removed
32 from all indices and from all other records available to the public. However,
33 a special index of the expungement proceedings and records shall be kept by
34 the court ordering expungement, which index shall not be available to the pub-
35 lic and shall be revealed only upon order of a court of competent jurisdic-
36 tion. Copies of the order shall be sent to each agency or official named in
37 the order. Upon the entry of the order the proceedings in the petitioner's
38 case shall be deemed never to have occurred and the petitioner may properly
39 reply accordingly upon any inquiry in the matter. Inspection of the records
40 may thereafter be permitted only by the court upon petition by the person who
41 is the subject of the records or by any other court of competent jurisdiction,
42 and only to persons named in the petition.
STATEMENT OF PURPOSE
RS 11803
This proposed legislation seeks to revise criteria relating to
expungement of juvenile records and provides additional
conditions under which individuals may petition the court for
expungement of their records. This legislation could be used by
courts as incentives for juveniles to chart a different and
better course for their lives.
FISCAL IMPACT
There will likely be a positive impact to the state general fund
by allowing emancipated juveniles, as well as juveniles, the
opportunity to remove portions of their records that may inhibit
their opportunity for military service or other endeavors.
Contact
Name: Representative Gary Young
Phone: 332-1000
Representative Tom Trail 332-1000
Doug Whitney, Pros. Atty. 882-8580
STATEMENT OF PURPOSE/FISCAL NOTE H 563