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H0603................................by JUDICIARY, RULES AND ADMINISTRATION ARRESTS - MISDEMEANOR - Amends existing law to provide that an arrest for a misdemeanor cannot be made inside a person's residence between 8:00pm and 8:00am unless upon direction of the magistrate or where consent was given to enter the residence. 02/08 House intro - 1st rdg - to printing 02/11 Rpt prt - to Jud 02/14 Rpt out - rec d/p - to 2nd rdg 02/15 2nd rdg - to 3rd rdg 02/20 3rd rdg - PASSED - 64-0-6 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Hadley, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young, Mr. Speaker NAYS -- None Absent and excused -- Bradford, Gould, Hammond, Montgomery, Sellman, Wood Floor Sponsor - Young Title apvd - to Senate 02/21 Senate intro - 1st rdg - to Jud 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/11 3rd rdg - PASSED - 31-1-3 AYES -- Andreason, Branch(Bartlett), Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Keough, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- King-Barrutia Absent and excused -- Boatright, Brandt, Ipsen Floor Sponsor - Davis Title apvd - to House 03/12 To enrol 03/13 Rpt enrol - Sp signed Pres signed 03/14 To Governor 03/20 Governor signed Session Law Chapter 132 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 603 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-607, IDAHO CODE, TO PRO- 3 VIDE THAT AN ARREST FOR A MISDEMEANOR CANNOT BE MADE INSIDE A PERSON'S 4 RESIDENCE BETWEEN EIGHT P.M. AND EIGHT A.M. UNLESS UPON THE DIRECTION OF 5 THE MAGISTRATE AS ENDORSED UPON THE WARRANT OR WHERE CONSENT WAS GIVEN TO 6 ENTER THE RESIDENCE BY A PERSON WITH REAL OR APPARENT AUTHORITY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 19-607, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 19-607. WHEN ARREST MAY BE MADE UPON A WARRANT. If the offense charged is 11 a felony, the arrest may be made on any day, and at any time of the day or 12 night. Ifitthe offense charged is a misdemeanor, the arrestcanshall not be 13 madeat nightinside a person's residence between 8:00 p.m. and 8:00 a.m., 14 unless upon the direction of the magistrate, as endorsed upon the warrant, or 15 where consent was given to enter the residence by a person with real or appar- 16 ent authority.
STATEMENT OF PURPOSE RS 11969 wrien a magistrate issues an arrest warrant in a misdemeanor case, the magistrate must endorse on the warrant whether or not the arrest can be made at night. If a magistrate issues a "daytime only" warrant, under current law a person may not be arrested at night at all. This law has been on the books since 1864 and appears to have been designed to prevent officers from entering a persons residence to serve a misdemeanor arrest warrant in the nighttime. In the modern era, it is routine for police officers to pull people over in cars who have warrants for their arrest that are listed as "daytime only.” Similarly, people are contacted in bars, or on the street who have "daytime only’’ warrants. In these circumstances, the police are forced to let individuals with warrants for their arrest go. This bill is designed to clarify that when an officer comes in contact with a person in a public setting, such person can be arrested irrespective of whether or not the warrant is daytime only.” The bill also clarifies that a person may not be arrested in his residence between the hours of 8:00 p.m. and 8:00 a.m. under a misdemeanor warrant. FISCAL IMPACT None. CONTACT: Idaho Sheriffs Association, Michael J. Kane Phone: 342-4545 STATEMENT OF PURPOSE/FISCAL NOTE H 603