Print Friendly SENATE BILL NO. 1394 – Indictment dismissed, when
SENATE BILL NO. 1394
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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN 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
16 indictment or information 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 the indictment or
28 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
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.
There is no fiscal impact to the general or local fund.
Name: Heather Reilly
Idaho Prosecuting Attorneys Association
STATEMENT OF PURPOSE/FISCAL NOTE S 1394