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S1394................................................by JUDICIARY AND RULES INDICTMENT - PROSECUTION - DISMISSED - Amends existing law to revise the enumeration of cases in which a court must order a prosecution or indictment to be dismissed. 02/24 Senate intro - 1st rdg - to printing 02/25 Rpt prt - to Jud 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/05 3rd rdg - PASSED - 32-0-3 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Darrington, Davis, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Compton(Duncan), Gannon, Richardson Floor Sponsor - Darrington Title apvd - to House 03/08 House intro - 1st rdg - to Jud 03/12 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 65-0-5 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), 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, Stevenson, Trail, Wills, Wood NAYS -- None Absent and excused -- Cuddy, Gagner, Roberts, Snodgrass, Mr. Speaker Floor Sponsor - Smith(24) Title apvd - to Senate 03/17 To enrol 03/18 Rpt enrol - Pres signed - Sp signed 03/19 To Governor 03/24 Governor signed Session Law Chapter 305 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1394 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE DISMISSAL OF CRIMINAL ACTIONS; AMENDING SECTION 19-3501, IDAHO 3 CODE, TO REVISE THE ENUMERATION OF CASES IN WHICH A COURT MUST ORDER A 4 PROSECUTION OR INDICTMENT TO BE DISMISSED. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 19-3501, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 19-3501. WHEN ACTION MAY BE DISMISSED. The court, unless good cause to 9 the contrary is shown, must order the prosecution or indictment to be dis- 10 missed, in the following cases: 11 (1) When a person has been held to answer for a public offense, if an 12 indictment or information is not found against him and filed with the court 13 within six (6) months from the date of his arrest. 14 (2) If a defendant, whose trial has not been postponed upon his applica- 15 tion, is not brought to trial within six (6) months from the date that the 16indictment orinformation is filed with the court. 17 (3) If a defendant, whose trial has not been postponed upon his applica- 18 tion, is not brought to trial within six (6) months from the date that the 19 defendant was arraigned before the court in which the indictment is found. 20 (4) If a defendant, charged with a misdemeanor offense, whose trial has 21 not been postponed upon his application, is not brought to trial within six 22 (6) months from the date that the defendant enters a plea of not guilty with 23 the court. 24 (45) If a defendant, charged with both a felony or multiple felonies and 25 a misdemeanor or multiple misdemeanors together in the same action or charging 26 document, whose trial has not been postponed upon his application, is not 27 brought to trial within six (6) months from the date that theindictment or28 information is filed with the court. 29 (6) If a defendant, charged with both a felony or multiple felonies and a 30 misdemeanor or multiple misdemeanors together in the same action or charging 31 document, whose trial has not been postponed upon his application, is not 32 brought to trial within six (6) months from the date that the defendant was 33 arraigned before the court in which the indictment is found.
STATEMENT OF PURPOSE RS 14164 The purpose of this legislation is to amend I.C. 19-3501 WHEN AN ACTION MAY BE DISMISSED to change the way the six (6) month speedy trial requirement begins running for charges brought under an indictment. Currently, the six (6) months begins running on the date the indictment is filed with the court. This creates a potential "loophole" that may allow a person who has been indicted by a grand jury, to avoid prosecution under the indictment by avoiding arrest for six (6) months after the indictment is filed. This amendment would close that loophole by requiring the defendant to be arraigned before his speedy trial right begins to run. FISCAL IMPACT There is no fiscal impact to the general or local fund. Contact Name: Heather Reilly Idaho Prosecuting Attorneys Association Phone:287-7772 STATEMENT OF PURPOSE/FISCAL NOTE S 1394