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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 - 2004
IN 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