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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 - 2002
IN 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