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H0641................................by JUDICIARY, RULES AND ADMINISTRATION
DRUG CRIMES - Amends existing law to provide for sentencing in cases
involving certain drug crimes where the violation occurred within one
thousand feet of a head start, preschool, day care center, family day care
home or group day care facility or sponsored activity; and to prohibit the
expungement of convictions for certain drug crimes from juvenile records
where the crimes occurred within one thousand feet of a head start,
preschool, day care center, family day care home or group day care facility
or sponsored activity.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/20 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 56-13-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bell, Black,
Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Jaquet, Jones,
Kellogg, Lake, Langford, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Naccarato, Nielsen, Ridinger, Ring, Roberts, Robison,
Rydalch, Sali, Schaefer, Shepherd, Shirley, Skippen, Smith(30),
Stevenson, Wills, Wood, Mr. Speaker
NAYS -- Boe, Henbest, Kulczyk, Langhorst, Moyle, Pasley-Stuart,
Raybould, Ringo, Sayler, Smith(24), Smylie, Snodgrass, Trail
Absent and excused -- Bedke
Floor Sponsor - Harwood
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 641
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO DRUG CRIMES; AMENDING SECTION 37-2739B, IDAHO CODE, TO PROVIDE FOR
3 SENTENCING IN CASES INVOLVING CERTAIN DRUG CRIMES WHERE THE VIOLATION
4 OCCURRED WITHIN ONE THOUSAND FEET OF A HEAD START, PRESCHOOL, DAY CARE
5 CENTER, FAMILY DAY CARE HOME OR GROUP DAY CARE FACILITY OR ANY SPONSORED
6 ACTIVITY BY SAID FACILITIES; AND AMENDING SECTION 20-525A, IDAHO CODE, TO
7 PROHIBIT THE EXPUNGEMENT OF CONVICTIONS FOR CERTAIN DRUG CRIMES FROM JUVE-
8 NILE RECORDS WHERE THE CRIMES OCCURRED WITHIN ONE THOUSAND FEET OF A HEAD
9 START, PRESCHOOL, DAY CARE CENTER, FAMILY DAY CARE HOME OR GROUP DAY CARE
10 FACILITY OR ANY SPONSORED ACTIVITY BY SAID FACILITIES.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 37-2739B, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 37-2739B. FIXED MINIMUM SENTENCES IN DRUG CASES. (a) The legislature
15 intends to allow fixed minimum sentences for certain aggravating factors found
16 in cases brought under the uniform controlled substances act. The legislature
17 hereby finds and declares that trafficking in controlled substances in the
18 state of Idaho is a primary contributor to a societal problem that causes loss
19 of life, personal injury and theft of property, and exacts a tremendous toll
20 on the citizens of this state. To afford better protection to our citizens
21 from those who traffic in controlled substances, the fixed minimum sentencing
22 contained in subsections (b) and (c) of this section is enacted. By enacting
23 fixed minimum sentences, the legislature does not seek to limit a court's
24 power to impose a greater sentence pursuant to section 19-2513, Idaho Code.
25 (b) Any person who is found guilty of violating the provisions of section
26 37-2732(a)(1)(A), Idaho Code, or of any attempt or conspiracy to commit such a
27 crime, may be sentenced to a fixed minimum term of confinement to the custody
28 of the state board of correction, which term shall be at least five (5) years
29 and may extend to life, for each of the following aggravating factors found by
30 the trier of fact:
31 (1) That the defendant has previously been found guilty of or convicted
32 of a violation of section 37-2732(a)(1)(A), Idaho Code, or of an attempt
33 or conspiracy to commit such a crime, or an offense committed in another
34 jurisdiction which, if committed in this jurisdiction, would be punishable
35 as a violation of section 37-2732(a)(1)(A), Idaho Code, or as an attempt
36 or conspiracy to commit such an offense.
37 (2) That the violation occurred on or within one thousand (1,000) feet of
38 the property of any public or private primary or secondary school, head
39 start, preschool, day care center, family day care home or group day care
40 facility as defined in section 39-1102, Idaho Code, or in those portions
41 of any building, park, stadium or other structure or grounds which were,
42 at the time of the violation, being used for an activity sponsored by or
43 through such a school, head start, preschool, day care center, family day
2
1 care home or group day care facility as defined in section 39-1102, Idaho
2 Code.
3 (3) That the violation consisted of the delivery or attempted delivery of
4 a controlled substance to a minor child under the age of eighteen (18)
5 years.
6 (c) The fixed minimum terms provided in this section may be imposed where
7 the aggravating factors are separately charged in the information or indict-
8 ment and admitted by the accused or found to be true by the trier of fact at
9 the trial of the substantive crime; provided, however, that the prosecutor
10 shall give notice to the defendant of intent to seek a fixed penalty at least
11 fourteen (14) days prior to trial. During a fixed minimum term of confinement
12 imposed under this section, the offender shall not be eligible for parole or
13 discharge or credit or reduction of sentence for good conduct except for meri-
14 torious service. Each fixed minimum term imposed shall be served consecutively
15 to the others, and consecutively to any minimum term of confinement imposed
16 for the substantive offense.
17 (d) Any person who is found guilty of violating the provisions of section
18 37-2732(a)(1)(A), Idaho Code, or of any attempt or conspiracy to commit such a
19 crime, and who is sentenced to serve at least one (1) minimum term of confine-
20 ment under this section, may be fined an amount up to twice that otherwise
21 provided for the substantive offense.
22 SECTION 2. That Section 20-525A, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 20-525A. EXPUNGEMENT OF RECORD -- HEARING -- FINDINGS NECESSARY -- SPE-
25 CIAL INDEX -- EFFECT OF ORDER. (1) Any person who has been adjudicated in a
26 case under this act may, after the expiration of five (5) years from the date
27 of termination of the continuing jurisdiction of the court, or, in case the
28 juvenile was committed to the juvenile corrections center, five (5) years from
29 the date of his release from the juvenile corrections center, or after reach-
30 ing age eighteen (18), whichever occurs last, petition the court for the
31 expungement of his record. Upon the filing of the petition, the court shall
32 set a date for a hearing and shall notify the prosecuting attorney of the pen-
33 dency of the petition and of the date of the hearing. The prosecuting attorney
34 and any other person who may have relevant information about the petitioner
35 may testify at the hearing.
36 (2) The court may not expunge a conviction for any of the following
37 crimes from a juvenile's record:
38 (a) Administering poison with intent to kill (18-4014, Idaho Code);
39 (b) Aggravated battery (18-907, Idaho Code);
40 (c) Armed robbery (chapter 65, title 18, Idaho Code);
41 (d) Arson (chapter 8, title 18, Idaho Code);
42 (e) Assault with intent to commit a serious felony (18-909, Idaho Code);
43 (f) Assault with intent to murder (18-4015, Idaho Code);
44 (g) Assault or battery upon certain personnel, felony (18-915, Idaho
45 Code);
46 (h) Forcible sexual penetration by use of a foreign object (18-6608,
47 Idaho Code);
48 (i) Infamous crime against nature, committed by force or violence
49 (18-6605, Idaho Code);
50 (j) Injury to child, felony (18-1501, Idaho Code);
51 (k) Kidnapping (18-4501, Idaho Code);
52 (l) Murder of any degree (18-4001 and 18-4003, Idaho Code);
53 (m) Rape, excluding statutory rape (18-6101 and 18-6108, Idaho Code);
3
1 (n) Ritualized abuse of a child (18-1506A, Idaho Code);
2 (o) Sexual exploitation of a child (18-1507, Idaho Code);
3 (p) Unlawful use of destructive device or bomb (18-3320, Idaho Code);
4 (q) Voluntary manslaughter (18-4006 1., Idaho Code);
5 (r) A violation of the provisions of section 37-2732(a)(1)(A), (B) or
6 (C), Idaho Code, when the violation occurred on or within one thousand
7 (1,000) feet of the property of any public or private primary or secondary
8 school, head start, preschool, day care center, family day care home or
9 group day care facility as defined in section 39-1102, Idaho Code, or in
10 those portions of any building, park, stadium or other structure or
11 grounds which were, at the time of the violation, being used for an activ-
12 ity sponsored by or through such a school, head start, preschool, day care
13 center, family day care home or group day care facility as defined in sec-
14 tion 39-1102, Idaho Code;
15 (s) A violation of the provisions of section 37-2732B, Idaho Code,
16 related to drug trafficking or manufacturing of illegal drugs.
17 (3) If the court finds after hearing that the petitioner has not been
18 adjudicated as a juvenile for any of the crimes identified in subsection (2)
19 of this section, and has not been convicted of a felony, or of a misdemeanor
20 wherein violence toward another person was attempted or committed since the
21 termination of the court's jurisdiction or his release from the juvenile cor-
22 rections center, and that no proceeding involving such felony or misdemeanor
23 is pending or being instituted against him, and if the court further finds to
24 its satisfaction that the petitioner has been held accountable, is developing
25 life skills necessary to become a contributing member of the community and
26 that the expungement of the petitioner's record will not compromise public
27 safety, it shall order all records in the petitioner's case in the custody of
28 the court and all such records in the custody of any other agency or official
29 sealed; and shall further order all references to said adjudication removed
30 from all indices and from all other records available to the public. However,
31 a special index of the expungement proceedings and records shall be kept by
32 the court ordering expungement, which index shall not be available to the pub-
33 lic and shall be revealed only upon order of a court of competent jurisdic-
34 tion. Copies of the order shall be sent to each agency or official named in
35 the order. Upon the entry of the order the proceedings in the petitioner's
36 case shall be deemed never to have occurred and the petitioner may properly
37 reply accordingly upon any inquiry in the matter. Inspection of the records
38 may thereafter be permitted only by the court upon petition by the person who
39 is the subject of the records or by any other court of competent jurisdiction,
40 and only to persons named in the petition.
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STATEMENT OF PURPOSE
RS 13818C1
The purpose of this legislation is to amend Section 37-2739B
and Section 20-525A, Idaho Code, FIXED MINIMUM SENTENCE IN DRUG
CASES occurring within 1000 feet of public or private primary or
secondary schools. This bill will add Head Start, preschools,
daycare centers, family day care homes, or group day care
facilities as defined in Section 39-1102, Idaho Code.
FISCAL IMPACT
The fiscal impact is difficult to determine with certainty
as it depends upon the increased number of offenders charged with
drug crimes occurring within the one-thousand feet of Head Start
schools, preschools, and daycare facilities. The impact to the
general fund will be equal to the cost of imprisoning the number
of offenders, if any, charged, convicted, and sentenced to
prison.
Contact
Name: Representative Dick Harwood
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 641