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H0609aa..............................by JUDICIARY, RULES AND ADMINISTRATION
CAPITAL CASES - SENTENCING - Amends existing law relating to sentencing in
capital cases to provide that certain information concerning the victim and
the impact of the victim's death is relevant and admissible; and to provide
that characterizations and opinions about the crime, the defendant and the
appropriate sentence shall not be permitted as part of any victim impact
information.
02/04 House intro - 1st rdg - to printing
02/05 Rpt prt - to Jud
02/18 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 - 69-0-1
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, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail(Bennett),
Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Roberts
Floor Sponsor - Wills
Title apvd - to Senate
03/05 Senate intro - 1st rdg - to Jud
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 29-1-5
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy,
Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble,
Noh, Richardson, Schroeder, Stennett, Sweet, Werk, Williams
NAYS -- Calabretta
Absent and excused -- Cameron, Davis, Pearce, Sorensen, Stegner
Floor Sponsor - Richardson
Title apvd - to House
03/19 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Governor
03/24 Governor signed
Session Law Chapter 317
Effective: 03/24/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 609
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO SENTENCING IN CAPITAL CASES; AMENDING SECTION 19-2515, IDAHO CODE,
3 TO PROVIDE THAT CERTAIN EVIDENCE CONCERNING THE VICTIM AND THE IMPACT OF
4 THE DEATH OF THE VICTIM IS RELEVANT AND ADMISSIBLE AND TO PROVIDE THAT
5 CHARACTERIZATIONS AND OPINIONS ABOUT THE CRIME, THE DEFENDANT AND THE
6 APPROPRIATE SENTENCE SHALL NOT BE PERMITTED AS PART OF ANY VICTIM IMPACT
7 EVIDENCE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 19-2515, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 19-2515. SENTENCE IN CAPITAL CASES -- SPECIAL SENTENCING PROCEEDING --
12 STATUTORY AGGRAVATING CIRCUMSTANCES -- SPECIAL VERDICT OR WRITTEN FINDINGS.
13 (1) Except as provided in section 19-2515A, Idaho Code, a person convicted of
14 murder in the first degree shall be liable for the imposition of the penalty
15 of death if such person killed, intended a killing, or acted with reckless
16 indifference to human life, irrespective of whether such person directly com-
17 mitted the acts that caused death.
18 (2) Where a person is sentenced to serve a term in the penitentiary,
19 after conviction of a crime which falls within the provisions of section
20 20-223, Idaho Code, except in cases where the court retains jurisdiction, the
21 comments and arguments of the counsel for the state and the defendant relative
22 to the sentencing and the comments of the judge relative to the sentencing
23 shall be recorded. If the comments are recorded electronically, they need not
24 be transcribed. Otherwise, they shall be transcribed by the court reporter.
25 (3) Where a person is convicted of an offense which may be punishable by
26 death, a sentence of death shall not be imposed unless:
27 (a) A notice of intent to seek the death penalty was filed and served as
28 provided in section 18-4004A, Idaho Code; and
29 (b) The jury, or the court if a jury is waived, finds beyond a reasonable
30 doubt at least one (1) statutory aggravating circumstance. Where a statu-
31 tory aggravating circumstance is found, the defendant shall be sentenced
32 to death unless mitigating circumstances which may be presented are found
33 to be sufficiently compelling that the death penalty would be unjust. The
34 jury shall not direct imposition of a sentence of death unless it unani-
35 mously finds at least one (1) statutory aggravating circumstance and unan-
36 imously determines that the penalty of death should be imposed.
37 (4) Notwithstanding any court rule to the contrary, when a defendant is
38 adjudicated guilty of murder in the first degree, whether by acceptance of a
39 plea of guilty, by verdict of a jury, or by decision of the trial court sit-
40 ting without a jury, no presentence investigation shall be conducted; provided
41 however, that if a special sentencing proceeding is not held or if a special
42 sentencing proceeding is held but no statutory aggravating circumstance has
43 been proven beyond a reasonable doubt, the court may order that a presentence
2
1 investigation be conducted.
2 (5) (a) If a person is adjudicated guilty of murder in the first degree,
3 whether by acceptance of a plea of guilty, by verdict of a jury, or by
4 decision of the trial court sitting without a jury, and a notice of intent
5 to seek the death penalty was filed and served as provided in section
6 18-4004A, Idaho Code, a special sentencing proceeding shall be held
7 promptly for the purpose of hearing all relevant evidence and arguments of
8 counsel in aggravation and mitigation of the offense. Evidence concerning
9 the victim and the impact that the death of the victim has had on the
10 victim's family is relevant and admissible. Such evidence shall be
11 designed to demonstrate the victim's uniqueness as an individual human
12 being and the resultant loss to the community by the victim's death.
13 Characterizations and opinions about the crime, the defendant and the
14 appropriate sentence shall not be permitted as part of any victim impact
15 evidence. The special sentencing proceeding shall be conducted before a
16 jury unless a jury is waived by the defendant with the consent of the
17 prosecuting attorney.
18 (b) If the defendant's guilt was determined by a jury verdict, the same
19 jury shall hear the special sentencing proceeding; provided however, that
20 if it is impracticable to reconvene the same jury to hear the special sen-
21 tencing proceeding due to an insufficient number of jurors, the trial
22 court may dismiss that jury and convene a new jury of twelve (12) persons,
23 plus alternate jurors as the trial court deems necessary pursuant to sec-
24 tion 19-1904, Idaho Code.
25 (c) If the defendant's guilt was determined by a plea of guilty or by a
26 decision of the trial court sitting without a jury, or if a retrial of the
27 special sentencing proceeding is necessary for any reason including, but
28 not limited to, a mistrial in a previous special sentencing proceeding or
29 as a consequence of a remand from an appellate court, the trial court
30 shall impanel a jury of twelve (12) persons, plus alternate jurors as the
31 trial court deems necessary pursuant to section 19-1904, Idaho Code,
32 unless such jury is waived.
33 (d) If a special sentencing proceeding is conducted before a newly impan-
34 eled jury pursuant to the provisions of subsection (5)(b) or (5)(c) of
35 this section, the state and the defense may present evidence to inform the
36 jury of the nature and circumstances of the murder for which the defendant
37 was convicted. The newly impaneled jury shall be instructed that the
38 defendant has previously been found guilty of first-degree murder and that
39 the jury's purpose is limited to making findings relevant for sentencing.
40 (6) At the special sentencing proceeding, the state and the defendant
41 shall be entitled to present all relevant evidence in aggravation and mitiga-
42 tion. Disclosure of evidence to be relied on in the sentencing proceeding
43 shall be made in accordance with Idaho criminal rule 16. Evidence admitted at
44 trial shall be considered and need not be repeated at the sentencing hearing.
45 (7) The jury shall be informed as follows:
46 (a) If the jury finds that a statutory aggravating circumstance exists
47 and no mitigating circumstances exist which would make the imposition of
48 the death penalty unjust, the defendant will be sentenced to death by the
49 court.
50 (b) If the jury finds the existence of a statutory aggravating circum-
51 stance but finds that the existence of mitigating circumstances makes the
52 imposition of the death penalty unjust or the jury cannot unanimously
53 agree on whether the existence of mitigating circumstances makes the impo-
54 sition of the death penalty unjust, the defendant will be sentenced to a
55 term of life imprisonment without the possibility of parole; and
3
1 (c) If the jury does not find the existence of a statutory aggravating
2 circumstance or if the jury cannot unanimously agree on the existence of a
3 statutory aggravating circumstance, the defendant will be sentenced by the
4 court to a term of life imprisonment with a fixed term of not less than
5 ten (10) years.
6 (8) Upon the conclusion of the evidence and arguments in mitigation and
7 aggravation:
8 (a) With regard to each statutory aggravating circumstance alleged by the
9 state, the jury shall return a special verdict stating:
10 (i) Whether the statutory aggravating circumstance has been proven
11 beyond a reasonable doubt; and
12 (ii) If the statutory aggravating circumstance has been proven
13 beyond a reasonable doubt, whether all mitigating circumstances, when
14 weighed against the aggravating circumstance, are sufficiently com-
15 pelling that the death penalty would be unjust.
16 (b) If a jury has been waived, the court shall:
17 (i) Make written findings setting forth any statutory aggravating
18 circumstance found beyond a reasonable doubt;
19 (ii) Set forth in writing any mitigating circumstances considered;
20 and
21 (iii) Upon weighing all mitigating circumstances against each statu-
22 tory aggravating circumstance separately, determine whether mitigat-
23 ing circumstances are found to be sufficiently compelling that the
24 death penalty would be unjust and detail in writing its reasons for
25 so finding.
26 (9) The following are statutory aggravating circumstances, at least one
27 (1) of which must be found to exist beyond a reasonable doubt before a sen-
28 tence of death can be imposed:
29 (a) The defendant was previously convicted of another murder.
30 (b) At the time the murder was committed the defendant also committed
31 another murder.
32 (c) The defendant knowingly created a great risk of death to many per-
33 sons.
34 (d) The murder was committed for remuneration or the promise of remunera-
35 tion or the defendant employed another to commit the murder for remunera-
36 tion or the promise of remuneration.
37 (e) The murder was especially heinous, atrocious or cruel, manifesting
38 exceptional depravity.
39 (f) By the murder, or circumstances surrounding its commission, the
40 defendant exhibited utter disregard for human life.
41 (g) The murder was committed in the perpetration of, or attempt to perpe-
42 trate, arson, rape, robbery, burglary, kidnapping or mayhem and the
43 defendant killed, intended a killing, or acted with reckless indifference
44 to human life.
45 (h) The defendant, by prior conduct or conduct in the commission of the
46 murder at hand, has exhibited a propensity to commit murder which will
47 probably constitute a continuing threat to society.
48 (i) The murder was committed against a former or present peace officer,
49 executive officer, officer of the court, judicial officer or prosecuting
50 attorney because of the exercise of official duty or because of the
51 victim's former or present official status.
52 (j) The murder was committed against a witness or potential witness in a
53 criminal or civil legal proceeding because of such proceeding.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Field (18)
Seconded by Wills
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 609
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, in line 8, delete "Evidence" and insert:
3 "Information"; in line 10, delete "evidence" and insert: "information"; and in
4 line 15, delete "evidence" and insert: "information".
5 AMENDMENT TO THE BILL
6 On page 3, following line 53, insert:
7 "SECTION 2. An emergency existing therefor, which emergency is hereby
8 declared to exist, this act shall be in full force and effect on and after its
9 passage and approval.".
10 CORRECTIONS TO TITLE
11 On page 1, in line 3, delete "EVIDENCE" and insert: "INFORMATION"; and in
12 line 7, delete "EVIDENCE" and insert: "INFORMATION; AND DECLARING AN EMER-
13 GENCY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 609, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO SENTENCING IN CAPITAL CASES; AMENDING SECTION 19-2515, IDAHO CODE,
3 TO PROVIDE THAT CERTAIN INFORMATION CONCERNING THE VICTIM AND THE IMPACT
4 OF THE DEATH OF THE VICTIM IS RELEVANT AND ADMISSIBLE AND TO PROVIDE THAT
5 CHARACTERIZATIONS AND OPINIONS ABOUT THE CRIME, THE DEFENDANT AND THE
6 APPROPRIATE SENTENCE SHALL NOT BE PERMITTED AS PART OF ANY VICTIM IMPACT
7 INFORMATION; AND DECLARING AN EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 19-2515, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 19-2515. SENTENCE IN CAPITAL CASES -- SPECIAL SENTENCING PROCEEDING --
12 STATUTORY AGGRAVATING CIRCUMSTANCES -- SPECIAL VERDICT OR WRITTEN FINDINGS.
13 (1) Except as provided in section 19-2515A, Idaho Code, a person convicted of
14 murder in the first degree shall be liable for the imposition of the penalty
15 of death if such person killed, intended a killing, or acted with reckless
16 indifference to human life, irrespective of whether such person directly com-
17 mitted the acts that caused death.
18 (2) Where a person is sentenced to serve a term in the penitentiary,
19 after conviction of a crime which falls within the provisions of section
20 20-223, Idaho Code, except in cases where the court retains jurisdiction, the
21 comments and arguments of the counsel for the state and the defendant relative
22 to the sentencing and the comments of the judge relative to the sentencing
23 shall be recorded. If the comments are recorded electronically, they need not
24 be transcribed. Otherwise, they shall be transcribed by the court reporter.
25 (3) Where a person is convicted of an offense which may be punishable by
26 death, a sentence of death shall not be imposed unless:
27 (a) A notice of intent to seek the death penalty was filed and served as
28 provided in section 18-4004A, Idaho Code; and
29 (b) The jury, or the court if a jury is waived, finds beyond a reasonable
30 doubt at least one (1) statutory aggravating circumstance. Where a statu-
31 tory aggravating circumstance is found, the defendant shall be sentenced
32 to death unless mitigating circumstances which may be presented are found
33 to be sufficiently compelling that the death penalty would be unjust. The
34 jury shall not direct imposition of a sentence of death unless it unani-
35 mously finds at least one (1) statutory aggravating circumstance and unan-
36 imously determines that the penalty of death should be imposed.
37 (4) Notwithstanding any court rule to the contrary, when a defendant is
38 adjudicated guilty of murder in the first degree, whether by acceptance of a
39 plea of guilty, by verdict of a jury, or by decision of the trial court sit-
40 ting without a jury, no presentence investigation shall be conducted; provided
41 however, that if a special sentencing proceeding is not held or if a special
42 sentencing proceeding is held but no statutory aggravating circumstance has
43 been proven beyond a reasonable doubt, the court may order that a presentence
2
1 investigation be conducted.
2 (5) (a) If a person is adjudicated guilty of murder in the first degree,
3 whether by acceptance of a plea of guilty, by verdict of a jury, or by
4 decision of the trial court sitting without a jury, and a notice of intent
5 to seek the death penalty was filed and served as provided in section
6 18-4004A, Idaho Code, a special sentencing proceeding shall be held
7 promptly for the purpose of hearing all relevant evidence and arguments of
8 counsel in aggravation and mitigation of the offense. Information concern-
9 ing the victim and the impact that the death of the victim has had on the
10 victim's family is relevant and admissible. Such information shall be
11 designed to demonstrate the victim's uniqueness as an individual human
12 being and the resultant loss to the community by the victim's death.
13 Characterizations and opinions about the crime, the defendant and the
14 appropriate sentence shall not be permitted as part of any victim impact
15 information. The special sentencing proceeding shall be conducted before a
16 jury unless a jury is waived by the defendant with the consent of the
17 prosecuting attorney.
18 (b) If the defendant's guilt was determined by a jury verdict, the same
19 jury shall hear the special sentencing proceeding; provided however, that
20 if it is impracticable to reconvene the same jury to hear the special sen-
21 tencing proceeding due to an insufficient number of jurors, the trial
22 court may dismiss that jury and convene a new jury of twelve (12) persons,
23 plus alternate jurors as the trial court deems necessary pursuant to sec-
24 tion 19-1904, Idaho Code.
25 (c) If the defendant's guilt was determined by a plea of guilty or by a
26 decision of the trial court sitting without a jury, or if a retrial of the
27 special sentencing proceeding is necessary for any reason including, but
28 not limited to, a mistrial in a previous special sentencing proceeding or
29 as a consequence of a remand from an appellate court, the trial court
30 shall impanel a jury of twelve (12) persons, plus alternate jurors as the
31 trial court deems necessary pursuant to section 19-1904, Idaho Code,
32 unless such jury is waived.
33 (d) If a special sentencing proceeding is conducted before a newly impan-
34 eled jury pursuant to the provisions of subsection (5)(b) or (5)(c) of
35 this section, the state and the defense may present evidence to inform the
36 jury of the nature and circumstances of the murder for which the defendant
37 was convicted. The newly impaneled jury shall be instructed that the
38 defendant has previously been found guilty of first-degree murder and that
39 the jury's purpose is limited to making findings relevant for sentencing.
40 (6) At the special sentencing proceeding, the state and the defendant
41 shall be entitled to present all relevant evidence in aggravation and mitiga-
42 tion. Disclosure of evidence to be relied on in the sentencing proceeding
43 shall be made in accordance with Idaho criminal rule 16. Evidence admitted at
44 trial shall be considered and need not be repeated at the sentencing hearing.
45 (7) The jury shall be informed as follows:
46 (a) If the jury finds that a statutory aggravating circumstance exists
47 and no mitigating circumstances exist which would make the imposition of
48 the death penalty unjust, the defendant will be sentenced to death by the
49 court.
50 (b) If the jury finds the existence of a statutory aggravating circum-
51 stance but finds that the existence of mitigating circumstances makes the
52 imposition of the death penalty unjust or the jury cannot unanimously
53 agree on whether the existence of mitigating circumstances makes the impo-
54 sition of the death penalty unjust, the defendant will be sentenced to a
55 term of life imprisonment without the possibility of parole; and
3
1 (c) If the jury does not find the existence of a statutory aggravating
2 circumstance or if the jury cannot unanimously agree on the existence of a
3 statutory aggravating circumstance, the defendant will be sentenced by the
4 court to a term of life imprisonment with a fixed term of not less than
5 ten (10) years.
6 (8) Upon the conclusion of the evidence and arguments in mitigation and
7 aggravation:
8 (a) With regard to each statutory aggravating circumstance alleged by the
9 state, the jury shall return a special verdict stating:
10 (i) Whether the statutory aggravating circumstance has been proven
11 beyond a reasonable doubt; and
12 (ii) If the statutory aggravating circumstance has been proven
13 beyond a reasonable doubt, whether all mitigating circumstances, when
14 weighed against the aggravating circumstance, are sufficiently com-
15 pelling that the death penalty would be unjust.
16 (b) If a jury has been waived, the court shall:
17 (i) Make written findings setting forth any statutory aggravating
18 circumstance found beyond a reasonable doubt;
19 (ii) Set forth in writing any mitigating circumstances considered;
20 and
21 (iii) Upon weighing all mitigating circumstances against each statu-
22 tory aggravating circumstance separately, determine whether mitigat-
23 ing circumstances are found to be sufficiently compelling that the
24 death penalty would be unjust and detail in writing its reasons for
25 so finding.
26 (9) The following are statutory aggravating circumstances, at least one
27 (1) of which must be found to exist beyond a reasonable doubt before a sen-
28 tence of death can be imposed:
29 (a) The defendant was previously convicted of another murder.
30 (b) At the time the murder was committed the defendant also committed
31 another murder.
32 (c) The defendant knowingly created a great risk of death to many per-
33 sons.
34 (d) The murder was committed for remuneration or the promise of remunera-
35 tion or the defendant employed another to commit the murder for remunera-
36 tion or the promise of remuneration.
37 (e) The murder was especially heinous, atrocious or cruel, manifesting
38 exceptional depravity.
39 (f) By the murder, or circumstances surrounding its commission, the
40 defendant exhibited utter disregard for human life.
41 (g) The murder was committed in the perpetration of, or attempt to perpe-
42 trate, arson, rape, robbery, burglary, kidnapping or mayhem and the
43 defendant killed, intended a killing, or acted with reckless indifference
44 to human life.
45 (h) The defendant, by prior conduct or conduct in the commission of the
46 murder at hand, has exhibited a propensity to commit murder which will
47 probably constitute a continuing threat to society.
48 (i) The murder was committed against a former or present peace officer,
49 executive officer, officer of the court, judicial officer or prosecuting
50 attorney because of the exercise of official duty or because of the
51 victim's former or present official status.
52 (j) The murder was committed against a witness or potential witness in a
53 criminal or civil legal proceeding because of such proceeding.
54 SECTION 2. An emergency existing therefor, which emergency is hereby
4
1 declared to exist, this act shall be in full force and effect on and after its
2 passage and approval.
STATEMENT OF PURPOSE
RS 13784
This legislation will address the concerns of the Idaho Supreme
Court raised in the case of State v. Faron Lovelace decided on
July 23, 2003. Specifically, it will provide that victim impact
evidence is both relevant and admissible at the sentencing phase
of a capital case. The bill will also provide guidelines for the
content of that testimony.
FISCAL IMPACT
There will be no fiscal impact as a result of this legislation.
Contact
Name: Monte MacConnell
Phone: 860-2902
STATEMENT OF PURPOSE/FISCAL NOTE H 609