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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 - 2002IN 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 and19game, failure to obey a misdemeanor citation and criminal contempt violations.20A juvenile violator under the age of fourteen (14) years at the time of the21violation may, at the discretion of the court, be treated under the provisions22of 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