2003 Legislation
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SENATE BILL NO. 1006 – Magistrat fees, certain deleted


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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 / Fiscal Impact

                    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
     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

Contact Person:
Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246

Statement of Purpose/Fiscal Note                   S100