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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 - 2003IN 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-25ment, the court shall set forth in its judgment andIf 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 --JUDICIALSPECIAL VERDICT OR WRITTEN FINDINGS.(a) After a36plea or verdict of guilty the court shall convene a hearing to receive evi-37dence 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) Aanotice 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. Wherethe4court findsa statutory aggravating circumstance is found, thecourt shall5sentence thedefendant shall be sentenced to death unlessthe court finds6thatmitigating 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-12sition of the penalty of death if such person killed, intended a killing, or13acted with reckless indifference to human life, irrespective of whether such14person directly committed the acts that caused death.15 (e4)In all cases in which the death penalty may be imposed, the court16shall, after conviction, order aNotwithstanding 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 20toshall be conducted;according to such procedures as are prescribed by law21and shall thereafter convene a sentencing hearingprovided 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) Atsuch hearingthe 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 evidence5which has not previously been disclosed to the opposing party or parties, the6court shall, upon request, adjourn the hearing until the party desiring to do7so has had a reasonable opportunity to respond to such evidenceDisclosure 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 at11trial but not admitted may be repeated or amplified if necessary to complete12the 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 43factorscircumstances considered; and,44 (iii)if the court finds thatUpon 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 court48shalland detail in writing its reasons for so finding. 49(g) Upon making the prescribed findings, the court shall impose sentence50within 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