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H0531..............................................................by TRAIL JUVENILES - RECORDS EXPUNGED - Amends the Juvenile Corrections Act to provide for the expungement of records after five years for persons who have committed felony offenses or who have been committed to the Department of Juvenile Corrections; to provide for the expungement of records after one year for persons who have committed misdemeanor or status offenses and who have not been committed to the Department of Juvenile Corrections and in cases where the diversion process has been utilized or the court orders an informal adjustment; to provide that records to be sealed include law enforcement investigatory reports and fingerprint records; and to provide that references to diversions or informal adjustments shall be removed from public records. 01/22 House intro - 1st rdg - to printing 01/23 Rpt prt - to Jud 02/26 Rpt out - rec d/p - to 2nd rdg 02/27 2nd rdg - to 3rd rdg 03/02 3rd rdg - PASSED - 62-6-2 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Lake, Langhorst, Martinez, McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills, Wood NAYS -- Bedke, Eberle, Harwood, Kulczyk, Langford, McGeachin Absent and excused -- Moyle, Mr. Speaker Floor Sponsor - Smylie Title apvd - to Senate 03/03 Senate intro - 1st rdg - to Jud 03/11 Rpt out - rec d/p - to 2nd rdg 03/12 2nd rdg - to 3rd rdg 03/19 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand), 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 - Darrington Title apvd - to House 03/20 To enrol - Rpt enrol - Sp signed - Pres signed 03/22 To Governor 03/23 Governor signed Session Law Chapter 160 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 531 BY TRAIL 1 AN ACT 2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-525A, IDAHO 3 CODE, TO PROVIDE FOR THE EXPUNGEMENT OF RECORDS AFTER FIVE YEARS FOR PER- 4 SONS WHO HAVE COMMITTED FELONY OFFENSES OR WHO HAVE BEEN COMMITTED TO THE 5 DEPARTMENT OF JUVENILE CORRECTIONS, TO PROVIDE FOR THE EXPUNGEMENT OF 6 RECORDS AFTER ONE YEAR FOR PERSONS WHO HAVE COMMITTED MISDEMEANOR OR STA- 7 TUS OFFENSES AND WHO HAVE NOT BEEN COMMITTED TO THE DEPARTMENT, TO PROVIDE 8 FOR THE EXPUNGEMENT OF RECORDS AFTER ONE YEAR IN CASES WHERE THE DIVERSION 9 PROCESS HAS BEEN UTILIZED OR THE COURT ORDERS AN INFORMAL ADJUSTMENT, TO 10 PROVIDE THAT RECORDS TO BE SEALED INCLUDE LAW ENFORCEMENT INVESTIGATORY 11 REPORTS AND FINGERPRINT RECORDS AND TO PROVIDE THAT REFERENCES TO DIVER- 12 SIONS OR INFORMAL ADJUSTMENTS SHALL BE REMOVED FROM PUBLIC RECORDS. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 20-525A, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 20-525A. EXPUNGEMENT OF RECORD -- HEARING -- FINDINGS NECESSARY -- SPE- 17 CIAL INDEX -- EFFECT OF ORDER. (1) Any person who has been adjudicated in a 18 case under this act and found to be within the purview of the act for having 19 committed a felony offense or having been committed to the department of juve- 20 nile corrections may, after the expiration of five (5) years from the date of 21 termination of the continuing jurisdiction of the court, or, in case the juve- 22 nile was committed to the juvenile corrections center, five (5) years from the 23 date of his release from the juvenile corrections center, or after reaching 24 age eighteen (18), whichever occurs last, petition the court for the 25 expungement of his record. Upon the filing of the petition, the court shall 26 set a date for a hearing and shall notify the prosecuting attorney of the pen- 27 dency of the petition and of the date of the hearing. The prosecuting attorney 28 and any other person who may have relevant information about the petitioner 29 may testify at the hearing. 30 (2) Any person who has been adjudicated in a case under this act and 31 found to be within the purview of the act for having committed misdemeanor or 32 status offenses only and not having been committed to the department of juve- 33 nile corrections may, after the expiration of one (1) year from the date of 34 termination of the continuing jurisdiction of the court or after reaching age 35 eighteen (18) years, whichever occurs later, petition the court for the 36 expungement of his record. Upon the filing of the petition, the court shall 37 set a date for a hearing and shall notify the prosecuting attorney of the pen- 38 dency of the petition and the date of the hearing. The prosecuting attorney 39 and any other person who may have relevant information about the petitioner 40 may testify at the hearing. 41 (3) In any case where the prosecuting attorney has elected to utilize the 42 diversion process or the court orders an informal adjustment pursuant to sec- 43 tion 20-511, Idaho Code, the person may, after the expiration of one (1) year 2 1 from the date of termination of the continuing jurisdiction of the court or 2 after reaching age eighteen (18) years, whichever occurs later, petition the 3 court for the expungement of his record. Upon the filing of the petition, the 4 court shall set a date for a hearing and shall notify the prosecuting attorney 5 of the pendency of the petition and the date of the hearing. The prosecuting 6 attorney and any other person who may have relevant information about the 7 petitioner may testify at the hearing. 8 (4) The court may not expunge a conviction for any of the following 9 crimes from a juvenile's record: 10 (a) Administering poison with intent to kill (18-4014, Idaho Code); 11 (b) Aggravated battery (18-907, Idaho Code); 12 (c) Armed robbery (chapter 65, title 18, Idaho Code); 13 (d) Arson (chapter 8, title 18, Idaho Code); 14 (e) Assault with intent to commit a serious felony (18-909, Idaho Code); 15 (f) Assault with intent to murder (18-4015, Idaho Code); 16 (g) Assault or battery upon certain personnel, felony (18-915, Idaho 17 Code); 18 (h) Forcible sexual penetration by use of a foreign object (18-6608, 19 Idaho Code); 20 (i) Infamous crime against nature, committed by force or violence 21 (18-6605, Idaho Code); 22 (j) Injury to child, felony (18-1501, Idaho Code); 23 (k) Kidnapping (18-4501, Idaho Code); 24 (l) Murder of any degree (18-4001 and 18-4003, Idaho Code); 25 (m) Rape, excluding statutory rape (18-6101 and 18-6108, Idaho Code); 26 (n) Ritualized abuse of a child (18-1506A, Idaho Code); 27 (o) Sexual exploitation of a child (18-1507, Idaho Code); 28 (p) Unlawful use of destructive device or bomb (18-3320, Idaho Code); 29 (q) Voluntary manslaughter (18-4006 1., Idaho Code); 30 (r) A violation of the provisions of section 37-2732(a)(1)(A), (B) or 31 (C), Idaho Code, when the violation occurred on or within one thousand 32 (1,000) feet of the property of any public or private primary or secondary 33 school, or in those portions of any building, park, stadium or other 34 structure or grounds which were, at the time of the violation, being used 35 for an activity sponsored by or through such a school; 36 (s) A violation of the provisions of section 37-2732B, Idaho Code, 37 related to drug trafficking or manufacturing of illegal drugs. 38 (35) If the court finds after hearing that the petitioner has not been 39 adjudicated as a juvenile for any of the crimes identified in subsection (2) 40 of this section, and has not been convicted of a felony, or of a misdemeanor 41 wherein violence toward another person was attempted or committed since the 42 termination of the court's jurisdiction or his release from the juvenile cor- 43 rections center, and that no proceeding involving such felony or misdemeanor 44 is pending or being instituted against him, and if the court further finds to 45 its satisfaction that the petitioner has been held accountable, is developing 46 life skills necessary to become a contributing member of the community and 47 that the expungement of the petitioner's record will not compromise public 48 safety, it shall order all records in the petitioner's case in the custody of 49 the court and all such records, including law enforcement investigatory 50 reports and fingerprint records, in the custody of any other agency or offi- 51 cial sealed; and shall further order all references to said adjudication, 52 diversion or informal adjustment removed from all indices and from all other 53 records available to the public. However, a special index of the expungement 54 proceedings and records shall be kept by the court ordering expungement, which 55 index shall not be available to the public and shall be revealed only upon 3 1 order of a court of competent jurisdiction. Copies of the order shall be sent 2 to each agency or official named in the order. Upon the entry of the order the 3 proceedings in the petitioner's case shall be deemed never to have occurred 4 and the petitioner may properly reply accordingly upon any inquiry in the mat- 5 ter. Inspection of the records may thereafter be permitted only by the court 6 upon petition by the person who is the subject of the records or by any other 7 court of competent jurisdiction, and only to persons named in the petition.
STATEMENT OF PURPOSE RS 13614 This legislation seeks to revise the Juvenile Corrections Act to provide that juveniles found to have committed only misdemeanor offenses can have the records expunged after one year from release from probation or at age 18, but maintains the five-year waiting period for those who commit felonies. The legislation also permits expungement of police records in cases where the prosecutor elects to use the diversion process for rehabilitation or the court dismisses the case after the juvenile successfully completes an informal adjustment. This will enhance the ability for juveniles who have committed offenses to enter military service and other occupations earlier, rather than having to wait until they are 23 years old, which is the case for many of them under current law. This legislation will make Idaho law more consistent with that of the other western states and will act as a further incentive for juveniles committing offenses to chart a different and better course for their lives rather than re-offending. FISCAL IMPACT Generally negligible, with no impact on the State General Fund. State and local agencies may see a positive impact in reduced record storage requirements. Minimal additional time requirements for local prosecutors, law enforcement agencies and court personnel in processing expungement requests and orders. Contact Name: Representative Tom Trail Phone: 332-1000 Name: Representative Steve Smylie Phone: 332-1000 Doug Whitney 208-883-2290 STATEMENT OF PURPOSE/FISCAL NOTE H 531