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S1001................................................by JUDICIARY AND RULES
DEATH PENALTY - Amends existing law to revise the punishment for murder; to
revise provisions relating to notices of intent to seek the death penalty;
to require courts to inform potential jurors if the death penalty is not a
sentencing option; to provide for jury sequestration in first-degree murder
cases; to revise provisions relating to sentencing in capital cases to
provide for jury determinations of aggravating and mitigating
circumstances; and to provide for application of the act to certain cases.
01/09 Senate intro - 1st rdg - to printing
01/10 Rpt prt - to Jud
01/20 Rpt out - rec d/p - to 2nd rdg
01/21 2nd rdg - to 3rd rdg
01/22 3rd rdg - PASSED - 33-1-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Cameron, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram,
Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- Calabretta
Absent and excused -- Compton
Floor Sponsor - Darrington
Title apvd - to House
01/22 House intro - 1st rdg - to Jud
02/03 Rpt out - rec d/p - to 2nd rdg
02/04 2nd rdg - to 3rd rdg
02/05 3rd rdg - PASSED - 58-12-0
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Black,
Block, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal,
Denney, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
Gagner, Garrett, Harwood, Jaquet, Jones, Kulczyk, Lake, Langford,
Martinez, McGeachin, McKague, Meyer, Miller, Moyle, Nielsen,
Raybould, Ridinger, Ring, Roberts, Rydalch, Sali, Sayler,
Schaefer(Schaefer), Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- Bieter, Boe, Bolz, Douglas, Henbest, Kellogg, Langhorst,
Mitchell, Naccarato, Ringo, Robison, Shepherd
Absent and excused -- None
Floor Sponsor - Field(18)
Title apvd - to Senate
02/06 To enrol
02/07 Rpt enrol - Pres signed
02/10 Sp signed
02/11 To Governor
02/13 Governor signed
Session Law Chapter 19
Effective: 02/13/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1001
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO MURDER; AMENDING SECTION 18-4004, IDAHO CODE, TO REVISE THE PUN-
3 ISHMENT FOR MURDER; AMENDING SECTION 18-4004A, IDAHO CODE, TO PROVIDE THAT
4 A NOTICE OF INTENT TO SEEK THE DEATH PENALTY SHALL INCLUDE A LISTING OF
5 STATUTORY AGGRAVATING CIRCUMSTANCES, TO PROVIDE THAT THE STATE MAY AMEND
6 THE NOTICE OF INTENT PRIOR TO TRIAL UPON A SHOWING OF GOOD CAUSE AND TO
7 PROVIDE THAT THE COURT SHALL INFORM POTENTIAL JURORS AT THE OUTSET OF JURY
8 SELECTION IF THE DEATH PENALTY IS NOT A SENTENCING OPTION; AMENDING SEC-
9 TION 19-2126, IDAHO CODE, TO PROVIDE THAT IN FIRST-DEGREE MURDER CASES THE
10 JURY SHALL NOT SEPARATE UNTIL COMPLETION OF THE SPECIAL SENTENCING PRO-
11 CEEDING AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 19-2515,
12 IDAHO CODE, TO REVISE PROVISIONS RELATING TO SENTENCING IN CAPITAL CASES;
13 PROVIDING SEVERABILITY; PROVIDING FOR APPLICATION OF THE ACT; AND DECLAR-
14 ING AN EMERGENCY.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 18-4004, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 18-4004. PUNISHMENT FOR MURDER. Subject to the provisions of section
19 19-2515, Idaho Code, every person guilty of murder of the first degree shall
20 be punished by death or by imprisonment for life, provided that a sentence of
21 death shall not be imposed unless the prosecuting attorney filed written
22 notice of intent to seek the death penalty as required under the provisions of
23 section 18-4004A, Idaho Code, and provided further that whenever the death
24 penalty is not imposed the court shall impose a sentence. of life imprison-
25 ment, the court shall set forth in its judgment and If a jury, or the court if
26 a jury is waived, finds a statutory aggravating circumstance beyond a reason-
27 able doubt but finds that the imposition of the death penalty would be unjust,
28 the court shall impose a fixed life sentence. If a jury, or the court if a
29 jury is waived, does not find a statutory aggravating circumstance beyond a
30 reasonable doubt or if the death penalty is not sought, the court shall impose
31 a life sentence with a minimum period of confinement of not less than ten (10)
32 years during which period of confinement the offender shall not be eligible
33 for parole or discharge or credit or reduction of sentence for good conduct,
34 except for meritorious service. Every person guilty of murder of the second
35 degree is punishable by imprisonment not less than ten (10) years and the
36 imprisonment may extend to life.
37 SECTION 2. That Section 18-4004A, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 18-4004A. NOTICE OF INTENT TO SEEK DEATH PENALTY. (1) A sentence of death
40 shall not be imposed unless the prosecuting attorney filed written notice of
41 intent to seek the death penalty with the court and served the notice upon the
2
1 defendant or his attorney of record no later than thirty (30) days after entry
2 of a plea. Any notice of intent to seek the death penalty shall include a
3 listing of the statutory aggravating circumstances that the state will rely on
4 in seeking the death penalty. The state may amend its notice upon a showing of
5 good cause at any time prior to trial. A notice of intent to seek the death
6 penalty may be withdrawn at any time prior to the imposition of sentence.
7 (2) In the event that the prosecuting attorney does not file a notice of
8 intent to seek the death penalty or otherwise puts the court on notice that
9 the state does not intend to seek the death penalty, the court shall inform
10 potential jurors at the outset of jury selection that the death penalty is not
11 a sentencing option for the court or the jury.
12 SECTION 3. That Section 19-2126, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 19-2126. CUSTODY OF JURY DURING TRIAL. The jury sworn to try any felony
15 may, at any time during the trial, and after the submission of the cause, in
16 the discretion of the court, be permitted to separate, or they may be kept
17 together, in the charge of a proper officer. Provided however, that in causes
18 where the defendant has been charged with first-degree murder, the jury may
19 not be permitted to separate after submission of the cause and completion of
20 the special sentencing proceeding held pursuant to section 19-2515, Idaho
21 Code. Before permitting the jury to separate after the cause has been submit-
22 ted, the court shall permit counsel to place objections, if any, on the record
23 outside the presence of the jury. In case the court orders the jury to be kept
24 together the county must provide a suitable place for the board and lodging of
25 the jury, at the expense of the county, and when first given custody of the
26 jury the officer or bailiff must be sworn to keep the jury together during
27 each recess and adjournment during the trial; to allow no person to speak to
28 or communicate with them, or any of them, nor to do so himself, on any subject
29 connected with the trial, and to return them into court as ordered by the
30 court.
31 SECTION 4. That Section 19-2515, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 19-2515. INQUIRY INTO MITIGATING OR AGGRAVATING CIRCUMSTANCES -- SEN-
34 TENCE IN CAPITAL CASES -- SPECIAL SENTENCING PROCEEDING -- STATUTORY AGGRAVAT-
35 ING CIRCUMSTANCES -- JUDICIAL SPECIAL VERDICT OR WRITTEN FINDINGS. (a) After a
36 plea or verdict of guilty the court shall convene a hearing to receive evi-
37 dence and argument in aggravation and mitigation of the punishment. (1) A per-
38 son convicted of murder in the first degree shall be liable for the imposition
39 of the penalty of death if such person killed, intended a killing, or acted
40 with reckless indifference to human life, irrespective of whether such person
41 directly committed the acts that caused death.
42 (b2) Where a person is sentenced to serve a term in the penitentiary,
43 after conviction of a crime which falls within the provisions of section
44 20-223, Idaho Code, except in cases where the court retains jurisdiction, the
45 comments and arguments of the counsel for the state and the defendant relative
46 to the sentencing and the comments of the judge relative to the sentencing
47 shall be recorded. If the comments are recorded electronically, they need not
48 be transcribed. Otherwise, they shall be transcribed by the court reporter.
49 (c3) Where a person is convicted of an offense which may be punishable by
50 death, a sentence of death shall not be imposed unless:
51 (a) Aa notice of intent to seek the death penalty was filed and served as
3
1 provided in section 18-4004A, Idaho Code,; and
2 (b) Tthe jury, or the court if a jury is waived, finds beyond a reason-
3 able doubt at least one (1) statutory aggravating circumstance. Where the
4 court finds a statutory aggravating circumstance is found, the court shall
5 sentence the defendant shall be sentenced to death unless the court finds
6 that mitigating circumstances which may be presented are found to be suf-
7 ficiently compelling that the death penalty would be unjust. The jury
8 shall not direct imposition of a sentence of death unless it unanimously
9 finds at least one (1) statutory aggravating circumstance and unanimously
10 determines that the penalty of death should be imposed.
11 (d) One convicted of murder in the first degree shall be liable to impo-
12 sition of the penalty of death if such person killed, intended a killing, or
13 acted with reckless indifference to human life, irrespective of whether such
14 person directly committed the acts that caused death.
15 (e4) In all cases in which the death penalty may be imposed, the court
16 shall, after conviction, order a Notwithstanding any court rule to the con-
17 trary, when a defendant is adjudicated guilty of murder in the first degree,
18 whether by acceptance of a plea of guilty, by verdict of a jury, or by deci-
19 sion of the trial court sitting without a jury, no presentence investigation
20 to shall be conducted; according to such procedures as are prescribed by law
21 and shall thereafter convene a sentencing hearing provided however, that if a
22 special sentencing proceeding is not held or if a special sentencing proceed-
23 ing is held but no statutory aggravating circumstance has been proven beyond a
24 reasonable doubt, the court may order that a presentence investigation be con-
25 ducted.
26 (5) (a) If a person is adjudicated guilty of murder in the first degree,
27 whether by acceptance of a plea of guilty, by verdict of a jury, or by
28 decision of the trial court sitting without a jury, and a notice of intent
29 to seek the death penalty was filed and served as provided in section
30 18-4004A, Idaho Code, a special sentencing proceeding shall be held
31 promptly for the purpose of hearing all relevant evidence and arguments of
32 counsel in aggravation and mitigation of the offense. The special sentenc-
33 ing proceeding shall be conducted before a jury unless a jury is waived by
34 the defendant with the consent of the prosecuting attorney.
35 (b) If the defendant's guilt was determined by a jury verdict, the same
36 jury shall hear the special sentencing proceeding; provided however, that
37 if it is impracticable to reconvene the same jury to hear the special sen-
38 tencing proceeding due to an insufficient number of jurors, the trial
39 court may dismiss that jury and convene a new jury of twelve (12) persons,
40 plus alternate jurors as the trial court deems necessary pursuant to sec-
41 tion 19-1904, Idaho Code.
42 (c) If the defendant's guilt was determined by a plea of guilty or by a
43 decision of the trial court sitting without a jury, or if a retrial of the
44 special sentencing proceeding is necessary for any reason including, but
45 not limited to, a mistrial in a previous special sentencing proceeding or
46 as a consequence of a remand from an appellate court, the trial court
47 shall impanel a jury of twelve (12) persons, plus alternate jurors as the
48 trial court deems necessary pursuant to section 19-1904, Idaho Code,
49 unless such jury is waived.
50 (d) If a special sentencing proceeding is conducted before a newly impan-
51 eled jury pursuant to the provisions of subsection (5)(b) or (5)(c) of
52 this section, the state and the defense may present evidence to inform the
53 jury of the nature and circumstances of the murder for which the defendant
54 was convicted. The newly impaneled jury shall be instructed that the
55 defendant has previously been found guilty of first-degree murder and that
4
1 the jury's purpose is limited to making findings relevant for sentencing.
2 (6) At such hearing the special sentencing proceeding, the state and the
3 defendant shall be entitled to present all relevant evidence in aggravation
4 and mitigation. Should any party present aggravating or mitigating evidence
5 which has not previously been disclosed to the opposing party or parties, the
6 court shall, upon request, adjourn the hearing until the party desiring to do
7 so has had a reasonable opportunity to respond to such evidence Disclosure of
8 evidence to be relied on in the sentencing proceeding shall be made in accor-
9 dance with Idaho criminal rule 16. Evidence admitted at trial shall be consid-
10 ered and need not be repeated at the sentencing hearing. Evidence offered at
11 trial but not admitted may be repeated or amplified if necessary to complete
12 the record.
13 (7) The jury shall be informed as follows:
14 (a) If the jury finds that a statutory aggravating circumstance exists
15 and no mitigating circumstances exist which would make the imposition of
16 the death penalty unjust, the defendant will be sentenced to death by the
17 court.
18 (b) If the jury finds the existence of a statutory aggravating circum-
19 stance but finds that the existence of mitigating circumstances makes the
20 imposition of the death penalty unjust or the jury cannot unanimously
21 agree on whether the existence of mitigating circumstances makes the impo-
22 sition of the death penalty unjust, the defendant will be sentenced to a
23 term of life imprisonment without the possibility of parole; and
24 (c) If the jury does not find the existence of a statutory aggravating
25 circumstance or if the jury cannot unanimously agree on the existence of a
26 statutory aggravating circumstance, the defendant will be sentenced by the
27 court to a term of life imprisonment with a fixed term of not less than
28 ten (10) years.
29 (f8) Upon the conclusion of the evidence and arguments in mitigation and
30 aggravation:
31 (a) With regard to each statutory aggravating circumstance alleged by the
32 state, the jury shall return a special verdict stating:
33 (i) Whether the statutory aggravating circumstance has been proven
34 beyond a reasonable doubt; and
35 (ii) If the statutory aggravating circumstance has been proven
36 beyond a reasonable doubt, whether all mitigating circumstances, when
37 weighed against the aggravating circumstance, are sufficiently com-
38 pelling that the death penalty would be unjust.
39 (b) If a jury has been waived, the court shall:
40 (i) Mmake written findings setting forth any statutory aggravating
41 circumstance found. beyond a reasonable doubt;
42 (ii) Further, the court shall sSet forth in writing any mitigating
43 factors circumstances considered; and,
44 (iii) if the court finds that Upon weighing all mitigating circum-
45 stances against each statutory aggravating circumstance separately,
46 determine whether mitigating circumstances are found to be suffi-
47 ciently compelling that the death penalty would be unjust, the court
48 shall and detail in writing its reasons for so finding.
49 (g) Upon making the prescribed findings, the court shall impose sentence
50 within the limits fixed by law.
51 (h9) The following are statutory aggravating circumstances, at least one
52 (1) of which must be found to exist beyond a reasonable doubt before a sen-
53 tence of death can be imposed:
54 (1a) The defendant was previously convicted of another murder.
55 (2b) At the time the murder was committed the defendant also committed
5
1 another murder.
2 (3c) The defendant knowingly created a great risk of death to many per-
3 sons.
4 (4d) The murder was committed for remuneration or the promise of remuner-
5 ation or the defendant employed another to commit the murder for remunera-
6 tion or the promise of remuneration.
7 (5e) The murder was especially heinous, atrocious or cruel, manifesting
8 exceptional depravity.
9 (6f) By the murder, or circumstances surrounding its commission, the
10 defendant exhibited utter disregard for human life.
11 (7g) The murder was committed in the perpetration of, or attempt to per-
12 petrate, arson, rape, robbery, burglary, kidnapping or mayhem and the
13 defendant killed, intended a killing, or acted with reckless indifference
14 to human life.
15 (8h) The defendant, by prior conduct or conduct in the commission of the
16 murder at hand, has exhibited a propensity to commit murder which will
17 probably constitute a continuing threat to society.
18 (9i) The murder was committed against a former or present peace officer,
19 executive officer, officer of the court, judicial officer or prosecuting
20 attorney because of the exercise of official duty or because of the
21 victim's former or present official status.
22 (10j) The murder was committed against a witness or potential witness in
23 a criminal or civil legal proceeding because of such proceeding.
24 SECTION 5. SEVERABILITY. The provisions of this act are hereby declared
25 to be severable and if any provision of this act or the application of such
26 provision to any person or circumstance is declared invalid for any reason,
27 such declaration shall not affect the validity of the remaining portions of
28 this act.
29 SECTION 6. This act shall apply to any capital sentencing proceeding
30 occurring after the effective date of this act, including those cases where
31 the murder for which sentence is to be imposed occurred before the effective
32 date of this act and including those cases where a first-degree murder convic-
33 tion or death sentence occurring before the effective date of this act has
34 been set aside and the case is before the court for retrial or resentencing;
35 provided however, that the provisions of this act relating to mandatory fixed
36 life sentences based upon the finding of a statutory aggravating circumstance
37 apply only to crimes occurring after the effective date of this act and pro-
38 vided further that the provisions of this act relating to notices of intent to
39 seek the death penalty apply only to cases where the entry of a plea occurs
40 after the effective date of this act. No provision of this act shall be con-
41 strued to invalidate a death sentence that has been imposed prior to the
42 effective date of this act.
43 SECTION 7. An emergency existing therefor, which emergency is hereby
44 declared to exist, this act shall be in full force and effect on and after its
45 passage and approval.
STATEMENT OF PURPOSE
RS 12510
The main purpose of this legislation is to amend Idaho s death
penalty statutes to comply with the recent Ring v. Arizona decision
of the United States Supreme Court. Pursuant to this legislation
a jury, or the court if a jury is waived, shall determine whether
statutory aggravating circumstances are found beyond a reasonable
doubt and, if such circumstances are found, whether the death
penalty should be imposed. This legislation would also set forth
a mandatory minimum of life imprisonment if any statutory
aggravating factor is found, and would require judges to inform
potential jurors at the outset of jury selection if the death
penalty is not a sentencing option.
FISCAL IMPACT
The fiscal impact of this legislation will fall to county
government through the District Court Funds for additional costs
associated with impaneling a jury to determine whether to impose
the death sentence. These costs include daily per diem, food and
refreshments, and lodging while the jury is sequestered.
There are also incarceration costs to sentence an individual to
life in prison without the possibility of parole when aggravating
circumstances are found, that may be in addition to the
sentencing structure now in Idaho Code. There is currently no way
to determine if those individuals currently sentenced for capital
murder with a combined fixed and indeterminate sentence would now
be sentenced to life in prison without the possibility of parole.
Contact
Name: Senator Denton Darrington
Phone: 332-1317
S 1001