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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
|||| 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.
|||| 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".
|||| 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
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