2004 Legislation
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HOUSE BILL NO. 531 – Juveniles, records expunged, when

HOUSE BILL NO. 531

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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