2003 Legislation
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HOUSE BILL NO. 123 – Incest, maximum prison term

HOUSE BILL NO. 123

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Daily Data Tracking History



H0123...................................by JUDICIARY, RULES AND ADMINISTRATION
INCEST - PRISON TERM - Amends existing law to increase the maximum prison term
for the crime of incest from ten years to twenty-five years.
                                                                        
01/28    House intro - 1st rdg - to printing
01/29    Rpt prt - to Jud
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/21    3rd rdg - PASSED - 68-1-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
      Ridinger, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Ring
      Absent and excused -- McKague
    Floor Sponsors - Andersen & Smith(30)
    Title apvd - to Senate
02/24    Senate intro - 1st rdg - to Jud
03/19    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/24    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram,
      Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams,
      Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett,
      Sweet, Werk
      NAYS -- None
      Absent and excused -- Calabretta, Davis, Williams
    Floor Sponsor - Richardson
    Title apvd - to House
03/25    To enrol
03/26    Rpt enrol - Sp signed
03/27    Pres signed
03/28    To Governor
04/02    Governor signed
         Session Law Chapter 202
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 123
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE CRIME OF INCEST; AMENDING  SECTION  18-6602,  IDAHO  CODE,  TO
  3        INCREASE THE MAXIMUM PRISON TERM FOR THE CRIME OF INCEST.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION  1.  That  Section 18-6602, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        18-6602.  INCEST. Persons being within the degrees of consanguinity within
  8    which marriages are declared by law to be incestuous and void, who  intermarry
  9    with  each  other,  or who commit fornication or adultery with each other, are
 10    punishable by imprisonment in the state prison not exceeding ten (10)  twenty-
 11    five (25) years.

Statement of Purpose / Fiscal Impact


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                      STATEMENT OF PURPOSE
                                
                            RS 12580
                                
The purpose of this bill is to change the maximum possible prison
sentence for the crime of incest from 10 years to 25 years.




                         FISCAL IMPACT
                                
Fiscal impact is difficult to determine as it is based on the number of
crimes committed, convictions and sentencing. However, according to the
Dept. of Corrections, there have been 3 convictions for incest
statewide in the last 5 years, or 0.6 convictions per year. Of those 3,
only 1 was sentenced to prison time, or 0.2 convictions with prison
time per year. The average cost to hold a prisoner per day is $51
general fund or $18,615 per year. $18,615 multiplied by 0.2 convictions
with prison time per year is $3723. The prisoner could potentially be
held for up to 15 years longer than is currently in statute. $3723
multiplied by 15 is $55,845. However, to look at it a different way, it
currently costs $186,150 to hold a prisoner for 10 years. It costs
$465,375 to hold a prisoner for 25 years. That is a difference of
$279,225.

Contact
            Name:     Rep. Allen Andersen
                  Phone:    332-1130
                  Name:     Rep. Elaine Smith
                  Phone:    332-1130
            
      STATEMENT OF PURPOSE/FISCAL NOTE                               Bill No.123