2004 Legislation
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HOUSE BILL NO. 589 – Bail/arrest defendant/certn persons

HOUSE BILL NO. 589

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Bill Status



H0589aa..............................by JUDICIARY, RULES AND ADMINISTRATION
BAIL - Amends existing law to provide that certain persons not convicted of
a felony and at least twenty-one years of age or older may be empowered by
the bail to arrest a defendant for surrender.
                                                                        
01/30    House intro - 1st rdg - to printing
02/02    Rpt prt - to Jud
02/20    Rpt out - to Gen Ord
02/26    Rpt out amen - to engros
02/27    Rpt engros - 1st rdg - to 2nd rdg as amen
03/01    2nd rdg - to 3rd rdg as amen
03/04    3rd rdg as amen - PASSED - 68-0-2
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison,
      Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills, Wood,
      Mr. Speaker
      NAYS -- None
      Absent and excused -- Roberts, Skippen
    Floor Sponsor - Pasley-Stuart
    Title apvd - to Senate
03/05    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 - FAILED - 14-17-4
      AYES -- Andreason, Burkett(Maxand), Calabretta, Davis, Hill, Ingram,
      Kennedy, Keough, Malepeai, Marley, Noh, Stegner, Stennett, Werk
      NAYS -- Bailey, Brandt, Bunderson, Burtenshaw, Compton, Darrington,
      Gannon, Geddes, Little, Lodge, McKenzie, McWilliams, Noble, Pearce,
      Richardson, Sweet, Williams
      Absent and excused -- Cameron, Goedde, Schroeder, Sorensen
    Floor Sponsor - Burkett(Maxand)
    Ret'd to House
    Filed in Office of the Chief Clerk

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 589
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BAIL; AMENDING SECTION 19-2925, IDAHO CODE, TO PROVIDE  THAT  CER-
  3        TAIN PERSONS LICENSED AS BAIL AGENTS OR PEACE OFFICERS MAY BE EMPOWERED BY
  4        THE BAIL TO ARREST A DEFENDANT FOR SURRENDER.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 19-2925, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        19-2925.  ARREST OF DEFENDANT FOR SURRENDER. For the purpose of surrender-
  9    ing the defendant, the bail, at any time before they are  finally  discharged,
 10    and  at any place within the state, may themselves arrest him, or by a written
 11    authority endorsed on a certified copy of the  undertaking,  may  empower  any
 12    person  of  suitable  age and discretion other person licensed as a bail agent
 13    underwritten by an insurance company, or any peace officer to do so.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Pasley-Stuart       
                                                                        
                                                     Seconded by Field (18)          
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 589
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 12, delete "other  person  licensed
  3    as  a bail agent"; and delete line 13, and insert: "other person not convicted
  4    of a felony and at least twenty-one (21) years of age or older to do so.".
                                                                        
  5                                 CORRECTION TO TITLE
  6        On page 1, in line 3, delete "LICENSED AS BAIL AGENTS OR  PEACE  OFFICERS"
  7    and insert: "NOT CONVICTED OF A FELONY AND AT LEAST TWENTY-ONE YEARS OF AGE OR
  8    OLDER".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 589, As Amended
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BAIL; AMENDING SECTION 19-2925, IDAHO CODE, TO PROVIDE  THAT  CER-
  3        TAIN  PERSONS  NOT  CONVICTED OF A FELONY AND AT LEAST TWENTY-ONE YEARS OF
  4        AGE OR OLDER MAY BE EMPOWERED BY THE BAIL TO ARREST A DEFENDANT  FOR  SUR-
  5        RENDER.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 19-2925, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        19-2925.  ARREST OF DEFENDANT FOR SURRENDER. For the purpose of surrender-
 10    ing the defendant, the bail, at any time before they are  finally  discharged,
 11    and  at any place within the state, may themselves arrest him, or by a written
 12    authority endorsed on a certified copy of the  undertaking,  may  empower  any
 13    person  of  suitable age and discretion other person not convicted of a felony
 14    and at least twenty-one (21) years of age or older to do so.

Statement of Purpose / Fiscal Impact


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                      STATEMENT OF PURPOSE
                            RS RS13748


This legislation would protect the public by requiring persons
designated by bail agents to make arrests of criminal defendants
who are at least twenty-one years of age and have not been
convicted of a felony.  It amends a law passed in 2003.


                          FISCAL IMPACT
None




Contact
Name: David Armstrong, Idaho Bail Agents Assn. 
Phone: 853-1234
Representative Anne Pasley-Stuart, 332-1000
Representative Ken Robison, 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                     H 589