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H0169aa,aaS..........................by JUDICIARY, RULES AND ADMINISTRATION
RAPE - Amends existing law to revise the definition of rape.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Jud
02/18 Rpt out - to Gen Ord
02/19 Rpt out amen - to engros
02/20 Rpt engros - 1st rdg - to 2nd rdg as amen
02/21 2nd rdg - to 3rd rdg as amen
02/24 3rd rdg as amen - PASSED - 61-3-6
AYES -- Andersen, Barraclough, Bauer, Bell, Bieter, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy, Deal,
Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake,
Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Moyle, Naccarato, Nielsen, Ridinger, Ring, Ringo, Robison,
Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr.
Speaker
NAYS -- Barrett, Clark, Smith(24)
Absent and excused -- Bedke, Gagner, Kellogg, Raybould, Roberts, Wood
Floor Sponsor - Trail
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Jud
03/20 Rpt out - to 14th Ord
03/26 Rpt out amen - to 1st rdg as amen
03/27 1st rdg - to 2nd rdg as amen
03/28 2nd rdg - to 3rd rdg as amen
03/31 3rd rdg as amen - PASSED - 28-6-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Little, Lodge, McKenzie, Noble, Noh, Pearce, Richardson,
Schroeder, Sorensen, Stegner, Sweet, Werk, Williams
NAYS -- Burkett(Roberts), Kennedy, Keough, Malepeai, Marley, Stennett
Absent and excused -- McWilliams
Floor Sponsor - Bunderson
Title apvd - to House
04/01 House concurred in Senate amens - to engros
04/02 Rpt engros - 1st rdg - to 2nd rdg as amen
04/03 2nd rdg - to 3rd rdg as amen
04/04 3rd rdg as amen - PASSED - 67-0-3
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
Jones, Kellogg, Kulczyk, Langford, Langhorst, Martinez, McGeachin,
McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Trail(Young), Wills, Wood, Mr.
Speaker
NAYS -- None
Absent and excused -- Clark, Eberle, Lake
Floor Sponsor - Young
Title apvd - to enrol
04/07 Rpt enrol - Sp signed - Pres signed
04/08 To Governor
04/14 Governor signed
Session Law Chapter 280
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 169
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO RAPE; AMENDING SECTION 18-6101, IDAHO CODE, TO REVISE THE DEFINI-
3 TION OF RAPE; AND AMENDING SECTIONS 18-6107, 19-401 AND 19-402, IDAHO
4 CODE, TO PROVIDE CORRECT CODE CITATIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 18-6101, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 18-6101. RAPE DEFINED. Rape is defined as the penetration, however
9 slight, of the oral, anal or vaginal opening with the perpetrator's penis
10 accomplished with a female under either any one (1) of the following circum-
11 stances:
12 1. Where the female is under the age of eighteen (18) years.
13 2. Where she is incapable, through any unsoundness of mind, due to any
14 cause including, but not limited to, mental illness, mental deficiency or
15 developmental disability, whether temporary or permanent, of giving legal con-
16 sent.
17 3. Where she resists but her resistance is overcome by force or violence.
18 4. Where she is physically helpless, and the accused knows or reasonably
19 should know that the victim is physically helpless and that the victim has not
20 consented.
21 5. Where she is prevented from resistance by threats of immediate and
22 great the infliction, attempted infliction, or threatened infliction of bodily
23 harm, accompanied by apparent power of execution; or by is unable to resist
24 due to any intoxicating, narcotic, or anaesthetic substance. administered by
25 or with the privity of the accused.
26 56. Where she is at the time unconscious of the nature of the act, and
27 this is known to the accused. As used in this section, "unconscious of the
28 nature of the act" means incapable of resisting because the victim meets one
29 (1) of the following conditions:
30 (a) Was unconscious or asleep;
31 (b) Was not aware, knowing, perceiving, or cognizant that the act
32 occurred;
33 (c) Was not aware, knowing, perceiving, or cognizant of the essential
34 characteristics of the act due to artifice, pretense or concealment by the
35 accused.
36 67. Where she submits under the belief that the person committing the act
37 is her husband, and the belief is induced by artifice, pretense or concealment
38 practiced by the accused, with intent to induce such belief.
39 78. Where she submits under the belief, instilled by the actor, that if
40 she does not submit, the actor will cause physical harm to some person in the
41 future; or cause damage to property; or engage in other conduct constituting a
42 crime; or accuse any person of a crime or cause criminal charges to be insti-
43 tuted against her; or expose a secret or publicize an asserted fact, whether
2
1 true or false, tending to subject any person to hatred, contempt or ridicule.
2 9. Actual, intentional and unlawful penetration against the will of the
3 female.
4 SECTION 2. That Section 18-6107, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 18-6107. RAPE OF SPOUSE. No person shall be convicted of rape for any act
7 or acts with that person's spouse, except under the circumstances cited in
8 paragraphs 3. and 45. of section 18-6101, Idaho Code.
9 SECTION 3. That Section 19-401, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 19-401. PROSECUTIONS FOR MURDER, VOLUNTARY MANSLAUGHTER OR RAPE. There is
12 no limitation of time within which a prosecution for murder, voluntary man-
13 slaughter, or rape pursuant to section 18-6101 2., 3., 4., or 5. or 6., or
14 section 18-6108, Idaho Code, must be commenced. They may be commenced at any
15 time after the death or rape of the person killed or raped.
16 SECTION 4. That Section 19-402, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 19-402. COMMENCEMENT OF PROSECUTIONS FOR CRIMES AGAINST CHILDREN AND
19 OTHER FELONIES. (1) A prosecution for any felony other than murder, voluntary
20 manslaughter, rape pursuant to section 18-6101 2., 3., 4., or 5. or 6., or
21 section 18-6108, Idaho Code, or any felony committed upon or against a minor
22 child, or an act of terrorism as set forth in sections 18-8102, 18-8103,
23 18-3322, 18-3323 and 18-3324, Idaho Code, must be commenced by the filing of
24 the complaint or the finding of an indictment within five (5) years after its
25 commission. Except as provided in subsection (2) of this section, a prosecu-
26 tion for any felony committed upon or against a minor child must be commenced
27 within five (5) years after the commission of the offense by the filing of the
28 complaint or a finding of an indictment.
29 (2) A prosecution under section 18-1506 or 18-1508, Idaho Code, must be
30 commenced within five (5) years after the date the child reaches eighteen (18)
31 years of age.
32 (3) A prosecution under section 18-1506A, Idaho Code, must be commenced
33 within three (3) years after the date of initial disclosure by the victim.
34 (4) Notwithstanding any other provision of law, an indictment may be
35 found, or an information instituted, at any time without limitation for a
36 prosecution under section 18-8103, 18-3322, 18-3323 or 18-3324, Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Sali
Seconded by Field (18)
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 169
1 AMENDMENT TO SECTION 3
2 On page 2 of the printed bill, in line 13, delete "or 6." and insert: ",
3 6., 8. or 9.".
4 AMENDMENT TO SECTION 4
5 On page 2, in line 20, delete "or 6." and insert: ", 6., 8. or 9.".
6 CORRECTIONS TO TITLE
7 On page 1, in line 3, delete "AND", also in line 3, delete "SECTIONS" and
8 insert: "SECTION", and also in line 3, delete "19-401 AND 19-402,"; in line 4,
9 following "PROVIDE" insert: "A", and also in line 4, delete "CITATIONS." and
10 insert: "CITATION; AMENDING SECTION 19-401, IDAHO CODE, TO REVISE DESIGNATED
11 PROSECUTIONS NOT SUBJECT TO A STATUTE OF LIMITATIONS; AND AMENDING SECTION
12 19-402, IDAHO CODE, TO REVISE DESIGNATED PROSECUTIONS NOT SUBJECT TO A STATUTE
13 OF LIMITATIONS.".
Moved by Bunderson
Seconded by Burkett
IN THE SENATE
SENATE AMENDMENTS TO H.B. NO. 169, As Amended
14 AMENDMENTS TO SECTION 1
15 On page 1 of the engrossed bill, in line 21, delete "Where she is physi-
16 cally helpless, and the accused knows or reasonably"; delete lines 22 and 23;
17 in line 24, delete "5."; in line 29, delete "56." and insert: "5."; in line
18 35, delete ";" and insert: "."; delete lines 36 through 38; in line 39,
19 delete "67." and insert: "6."; in line 42, delete "78." and insert: "7."; and
20 on page 2, delete lines 5 and 6.
21 AMENDMENTS TO SECTION 3
22 On page 2, in line 16, delete ", 6., 8. or" and insert: "or 7."; and in
23 line 17, delete "9.".
24 AMENDMENTS TO SECTION 4
25 On page 2, in line 23, delete ", 6., 8. or" and insert: "or 7."; and in
26 line 24, delete "9.".
27 AMENDMENTS TO THE BILL
28 On page 2, delete lines 7 through 11; in line 12, delete "SECTION 3" and
29 insert: "SECTION 2"; and in line 19, delete "SECTION 4" and insert: "SECTION
|||
2
1 3".
2 CORRECTIONS TO TITLE
3 On page 1, in line 3, delete "AMENDING SECTION 18-6107, IDAHO CODE, TO
4 PROVIDE A CORRECT"; and in line 4, delete "CODE CITATION;".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 169, As Amended, As Amended in the Senate
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO RAPE; AMENDING SECTION 18-6101, IDAHO CODE, TO REVISE THE DEFINI-
3 TION OF RAPE; AMENDING SECTION 19-401, IDAHO CODE, TO REVISE DESIGNATED
4 PROSECUTIONS NOT SUBJECT TO A STATUTE OF LIMITATIONS; AND AMENDING SECTION
5 19-402, IDAHO CODE, TO REVISE DESIGNATED PROSECUTIONS NOT SUBJECT TO A
6 STATUTE OF LIMITATIONS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 18-6101, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 18-6101. RAPE DEFINED. Rape is defined as the penetration, however
11 slight, of the oral, anal or vaginal opening with the perpetrator's penis
12 accomplished with a female under either any one (1) of the following circum-
13 stances:
14 1. Where the female is under the age of eighteen (18) years.
15 2. Where she is incapable, through any unsoundness of mind, due to any
16 cause including, but not limited to, mental illness, mental deficiency or
17 developmental disability, whether temporary or permanent, of giving legal con-
18 sent.
19 3. Where she resists but her resistance is overcome by force or violence.
20 4. Where she is prevented from resistance by threats of immediate and
21 great the infliction, attempted infliction, or threatened infliction of bodily
22 harm, accompanied by apparent power of execution; or by is unable to resist
23 due to any intoxicating, narcotic, or anaesthetic substance. administered by
24 or with the privity of the accused.
25 5. Where she is at the time unconscious of the nature of the act, and
26 this is known to the accused. As used in this section, "unconscious of the
27 nature of the act" means incapable of resisting because the victim meets one
28 (1) of the following conditions:
29 (a) Was unconscious or asleep;
30 (b) Was not aware, knowing, perceiving, or cognizant that the act
31 occurred.
32 6. Where she submits under the belief that the person committing the act
33 is her husband, and the belief is induced by artifice, pretense or concealment
34 practiced by the accused, with intent to induce such belief.
35 7. Where she submits under the belief, instilled by the actor, that if
36 she does not submit, the actor will cause physical harm to some person in the
37 future; or cause damage to property; or engage in other conduct constituting a
38 crime; or accuse any person of a crime or cause criminal charges to be insti-
39 tuted against her; or expose a secret or publicize an asserted fact, whether
40 true or false, tending to subject any person to hatred, contempt or ridicule.
41 SECTION 2. That Section 19-401, Idaho Code, be, and the same is hereby
42 amended to read as follows:
2
1 19-401. PROSECUTIONS FOR MURDER, VOLUNTARY MANSLAUGHTER OR RAPE. There is
2 no limitation of time within which a prosecution for murder, voluntary man-
3 slaughter, or rape pursuant to section 18-6101 2., 3., 4., or 5. or 7., or
4 section 18-6108, Idaho Code, must be commenced. They may be commenced at any
5 time after the death or rape of the person killed or raped.
6 SECTION 3. That Section 19-402, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 19-402. COMMENCEMENT OF PROSECUTIONS FOR CRIMES AGAINST CHILDREN AND
9 OTHER FELONIES. (1) A prosecution for any felony other than murder, voluntary
10 manslaughter, rape pursuant to section 18-6101 2., 3., 4., or 5. or 7., or
11 section 18-6108, Idaho Code, or any felony committed upon or against a minor
12 child, or an act of terrorism as set forth in sections 18-8102, 18-8103,
13 18-3322, 18-3323 and 18-3324, Idaho Code, must be commenced by the filing of
14 the complaint or the finding of an indictment within five (5) years after its
15 commission. Except as provided in subsection (2) of this section, a prosecu-
16 tion for any felony committed upon or against a minor child must be commenced
17 within five (5) years after the commission of the offense by the filing of the
18 complaint or a finding of an indictment.
19 (2) A prosecution under section 18-1506 or 18-1508, Idaho Code, must be
20 commenced within five (5) years after the date the child reaches eighteen (18)
21 years of age.
22 (3) A prosecution under section 18-1506A, Idaho Code, must be commenced
23 within three (3) years after the date of initial disclosure by the victim.
24 (4) Notwithstanding any other provision of law, an indictment may be
25 found, or an information instituted, at any time without limitation for a
26 prosecution under section 18-8103, 18-3322, 18-3323 or 18-3324, Idaho Code.
STATEMENT OF PURPOSE
RS 12666
We are seeking to amend Idaho Code 18-6101 regarding rape by
clarifying the act of rape, particularly in instances where the
act is perpetrated on females who are limited in their ability to
make reasonable consent. Law enforcement and prosecution
officers have found it difficult to build effective prosecution
cases under the existing code, consequently many incidents are
not prosecuted. It is believed that these proposed changes will
improve the ability to prosecute as well as increase the level of
deterence to individuals to commit rape on women whose will to
resist may be impaired.
FISCAL IMPACT
There will be minimal impact on the State General Fund.
Contact:
Name: Tom Trail
Phone: 208-332-1202
Name: Gary Young
Phone: 208-882-7473
Name: Bill Thompson
Phone: 208-883-2246
Name: Valerie Russo
Phone: 208-885-6034
Name: Don Lazzarini
Phone: 208-885-2956
STATEMENT OF PURPOSE/FISCAL NOTE H 16