2003 Legislation
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SENATE BILL NO. 1122 – Crime, accessory, defined

SENATE BILL NO. 1122

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View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



S1122aaH.............................................by JUDICIARY AND RULES
CRIME - ACCESSORY - Amends existing law to define "accessories" to include
persons who know that a felony has been committed and harbor and protect a
person who committed such felony or who has been charged with or convicted
thereof.
                                                                        
02/18    Senate intro - 1st rdg - to printing
02/19    Rpt prt - to Jud
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
      Cameron, Compton, Darrington, Davis, Gannon, Geddes, 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 -- Burkett, Goedde
    Floor Sponsor - Richardson
    Title apvd - to House
03/04    House intro - 1st rdg - to Jud
03/12    Rpt out - to Gen Ord
03/13    Rpt out amen - to 1st rdg as amen
03/14    1st rdg - to 2nd rdg as amen
03/17    2nd rdg - to 3rd rdg as amen
03/21    3rd rdg as amen - PASSED - 65-0-5
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, Ellsworth, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
      Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague,
      Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
      Ridinger, Ring, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,
      Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
      Stevenson, Tilman, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Campbell, Edmunson, Eskridge, Ringo, Mr.
      Speaker
    Floor Sponsor - Smith(24)
    Title apvd - to Senate
03/24    Senate concurred in House amens - to engros
03/25    Rpt engros - 1st rdg - to 2nd rdg as amen
03/26    2nd rdg - to 3rd rdg as amen
03/27    3rd rdg as amen- PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Cameron, Compton, Darrington, Davis, Gannon, Geddes, 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 -- Calabretta, Goedde
    Floor Sponsor - Richardson
    Title apvd - to enrol
03/28    Rpt enrol - Pres signed
03/31    Sp signed
04/01    To Governor
04/04    Governor signed
         Session Law Chapter 217
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1122
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING  TO  CRIMES;  AMENDING  SECTION  18-205,  IDAHO   CODE,   TO   DEFINE
  3        "ACCESSORIES" TO INCLUDE PERSONS WHO KNOW THAT A FELONY HAS BEEN COMMITTED
  4        AND HARBOR AND PROTECT A PERSON WHO COMMITTED SUCH FELONY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section  18-205, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        18-205.  ACCESSORIES DEFINED. All  persons  are  accessories  who,  having
  9    knowledge that a felony has been committed:,
 10        (1)  Wwillfully withhold or conceal it from a peace officer, judge, magis-
 11    trate, grand jury or trial jury;, or
 12        (2)  Hharbor  and  protect the a person charged with or convicted thereof,
 13    are accessories who committed such felony.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Smith (24)          
                                                                        
                                                     Seconded by Field (18)          
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO S.B. NO. 1122
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, delete lines 12 and 13 and insert:
  3        "(2)  Hharbor and protect the a person who committed such  felony  or  who
  4    has been charged with or convicted thereof, are accessories.".
                                                                        
  5                                 CORRECTION TO TITLE
  6        On  page 1, in line 4, following "FELONY" insert: "OR WHO HAS BEEN CHARGED
  7    WITH OR CONVICTED THEREOF".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                       SENATE BILL NO. 1122, As Amended in the House
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING  TO  CRIMES;  AMENDING  SECTION  18-205,  IDAHO   CODE,   TO   DEFINE
  3        "ACCESSORIES" TO INCLUDE PERSONS WHO KNOW THAT A FELONY HAS BEEN COMMITTED
  4        AND  HARBOR AND PROTECT A PERSON WHO COMMITTED SUCH FELONY OR WHO HAS BEEN
  5        CHARGED WITH OR CONVICTED THEREOF.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 18-205, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        18-205.  ACCESSORIES  DEFINED.  All  persons  are  accessories who, having
 10    knowledge that a felony has been committed:,
 11        (1)  Wwillfully withhold or conceal it from a peace officer, judge, magis-
 12    trate, grand jury or trial jury;, or
 13        (2)  Hharbor and protect the a person who committed such felony or who has
 14    been charged with or convicted thereof, are accessories.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE
                                                 
                             RS 12984C1
                                  
                                        The purpose of this legislation is to clarify that a person
          may be charged as an accessory to a felony under Idaho Code
          18-205, when the person having knowledge that a felony has
          been committed, willfully withholds or conceals the felony;
          or harbors and protects the person who committed such felony
          even when the person who committed the felony has not yet
          been charged with or convicted of the crime.  Currently,
          under Idaho Code 18-205 the person who committed the felony
          must be charged with or convicted of the felony, such as
          murder, before a charge of accessory may be filed against a
          person who is hiding the murderer or concealing the crime. 
          
          
          
                              FISCAL IMPACT
                                                 
                                        The fiscal impact is difficult to determine as it is based
          upon the number persons who commit the crime.  This
          amendment may allow additional people to be charged as
          accessories.  Therefore, the fiscal impact to the General
          Fund is equal to the cost of imprisoning the number of
          individuals charged, convicted and sentenced to prison under
          this section.
          
          
          
          
          
          
          
          Contact Person:
          
          Heather Reilly
          Idaho Prosecuting Attorneys Association
          287-7700
          
          
          
          
          
          
          
          
          Statement of Purpose/Fiscal Impact    S112