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S1006...................................................by JUDICIARY AND RULES
MAGISTRATE FEES - Amends existing law relating to preliminary examinations of
defendants before magistrates to strike obsolete language concerning certain
magistrate fees.
01/16 Senate intro - 1st rdg - to printing
01/17 Rpt prt - to Jud
01/23 Rpt out - rec d/p - to 2nd rdg
01/24 2nd rdg - to 3rd rdg
01/28 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, 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 -- None
Absent and excused -- None
Floor Sponsor - Sweet
Title apvd - to House
01/28 House intro - 1st rdg - to Jud
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 67-0-3
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
Kulczyk, Lake, Langford, Langhorst(Wallace), 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, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Crow, Deal, Gagner
Floor Sponsor - Sali
Title apvd - to Senate
03/12 To enrol
03/13 Rpt enrol - Pres signed
03/14 Sp signed
03/17 To Governor
03/21 Governor signed
Session Law Chapter 115
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1006
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO PRELIMINARY EXAMINATIONS OF DEFENDANTS BEFORE MAGISTRATES; AMEND-
3 ING SECTION 19-514, IDAHO CODE, TO STRIKE OBSOLETE LANGUAGE CONCERNING
4 CERTAIN MAGISTRATE FEES AND TO MAKE A TECHNICAL CORRECTION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 19-514, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 19-514. DEFENDANT TO BE TAKEN BEFORE MAGISTRATE. If the offense charged
9 is a felony, the officer making the arrest must cause the defendant to be
10 taken before the magistrate who issued the warrant, or in the case of his
11 absence or inability to act, before the nearest or most accessible magistrate
12 in the same county, and must at the same time deliver to the magistrate the
13 warrant, with his return thereon endorsed and subscribed by him, but all hear-
14 ings on preliminary examinations must, as far as possible, be had before the
15 magistrate most convenient to the majority of the witnesses for the prosecu-
16 tion, unless for good cause it is ordered to be held elsewhere, and in all
17 such cases the preliminary examinations must be had as hereinafter provided,
18 unless such person shall waive his right to such examination. For taking such
19 examinations the magistrate must be allowed twenty cents per folio, except
20 when a county stenographer employed by the board of county commissioners takes
21 the testimony at such preliminary examination, in which event no fee shall be
22 allowed the justice of the peace.
23 If the offense charged is a misdemeanor, and the defendant is arrested in
24 another county, the officer must, upon the request of the defendant, take him
25 before a magistrate in that county, who may admit him to bail in an amount
26 which, in his judgment, will be reasonable and sufficient for the appearance
27 of the defendant, and said magistrate must direct the defendant to appear
28 before the court or magistrate by whom the warrant was issued on or before a
29 day certain which shall in no case be more than fourteen (14) days after such
30 admittance to bail. If bail shall be forthwith given, the magistrate shall
31 take the same and endorse thereon a memorandum of the aforesaid order for the
32 appearance of the defendant. On taking of said bail, the magistrate must cer-
33 tify that fact on the warrant, and deliver the warrant and undertaking of bail
34 to the officer in charge of the defendant. The officer must then discharge the
35 defendant from arrest, and must without delay, deliver the warrant and under-
36 taking to the court at which the defendant is required to appear.
37 If bail is not forthwith given by the defendant, the officer must cause
38 the defendant to be taken before the magistrate who issued the warrant, or in
39 case of his absence or inability to act before the nearest and most accessible
40 magistrate in the same county, and at the same time deliver to the magistrate
41 the warrant with his return endorsed thereon.
STATEMENT OF PURPOSE
RS 12512
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.
This bill amends Section 19-514, Idaho Code, relating to criminal complaints and
warrants of arrest, to remove obsolete language imposing a fee for the recording of a
preliminary examination when a person charged with a crime is taken before a
magistrate.
Section 19-514 of the Idaho Code provides that when a defendant is charged with
a felony, the defendant must be taken before a magistrate who conducts a preliminary
examination of the charge. The statute also provides that if a county stenographer is not
available to take the testimony, the magistrate must be paid a fee of twenty cents per folio
for recording any hearing on the examination. This practice no longer prevails in the
modern era of preliminary examinations and this bill eliminates this requirement.
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 S100