View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0205................................by JUDICIARY, RULES AND ADMINISTRATION JUVENILE CORRECTIONS ACT - Amends existing law relating to the Juvenile Corrections Act to provide that juvenile violators under the age of eighteen may be subject to court jurisdiction in certain cases. 02/14 House intro - 1st rdg - to printing 02/15 Rpt prt - to Jud 02/22 Rpt out - rec d/p - to 2nd rdg 02/23 2nd rdg - to 3rd rdg 03/01 3rd rdg - PASSED - 68-0-2 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Black, Collins Floor Sponsor - LeFavour Title apvd - to Senate 03/02 Senate intro - 1st rdg - to Jud 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/21 3rd rdg - PASSED - 31-0-3, 1 vacancy AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Williams NAYS -- None Absent and excused -- Coiner, Malepeai, Werk, (District 21 seat vacant) Floor Sponsor - Lodge Title apvd - to House 03/22 To enrol 03/23 Rpt enrol - Sp signed 03/24 Pres signed - To Governor 03/28 Governor signed Session Law Chapter 187 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 205 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-505, IDAHO CODE, 3 TO PROVIDE THAT JUVENILE VIOLATORS UNDER THE AGE OF EIGHTEEN MAY BE SUB- 4 JECT TO JURISDICTION IN CERTAIN CASES. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 20-505, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 20-505. JURISDICTION. Subject to the prior jurisdiction of the United 9 States, the court shall have exclusive, original jurisdiction over any juve- 10 nile and over any adult who was a juvenile at the time of any act, omission or 11 status, in the county in which the juvenile resides, or in the county in which 12 the act, omission or status allegedly took place, in the following cases: 13 (1) Where the act, omission or status is prohibited by federal, state, 14 local or municipal law or ordinance by reason of minority only, regardless of 15 where the same occurred; 16 (2) Where the act or omission is a violation of any federal, state, local 17 or municipal law or ordinance which would be a crime if committed by an adult, 18 regardless of where the same occurred; 19 (3) Concerning any juvenile where the juvenile comes under the purview of 20 the interstate compact on juveniles as set forth in chapter 19, title 16, 21 Idaho Code; 22 (4) This chapter shall not apply to juvenile violators of beer, wine or 23 other alcohol and tobacco laws; except that a juvenile violator under the age 24 of fourteeneighteen (1 48) years at the time of the violation may, at the 25 discretion of the court, be treated under the provisions of this chapter; 26 (5) This chapter shall not apply to the violent juvenile offender, as 27 defined in this chapter; 28 (6) This chapter shall not apply to juvenile violators of traffic, water- 29 craft, fish and game, failure to obey a misdemeanor citation and criminal con- 30 tempt laws; except that a juvenile violator under the age of fourteeneighteen 31 (1 48) years at the time of such violation may, at the discretion of the 32 court, be treated under the provisions of this chapter; 33 (7) This chapter shall not apply to juvenile sex offenders who violate 34 the provisions of section 18-8414, Idaho Code.
REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS14874 This bill would provide juvenile courts with greater flexibility in determining how to deal with juveniles who violate alcohol and tobacco laws, and who commit certain other offenses. Currently, Idaho Code 20-505 provides that the Juvenile Corrections Act does not apply to juvenile violators of alcohol and tobacco laws, nor to violations of traffic, watercraft, fish and game, failure to obey a citation or criminal contempt laws. Courts have discretion, however, to treat a violator of these laws under the provisions of the JCA if the juvenile is under the age of 14. This bill would give courts discretion to treat any juvenile under the age of 18 who violates such laws under the provisions of the JCA. This is a recommendation of the Supreme Court's Juvenile Justice Advisory Team, which consists of magistrate judges who deal with juvenile offenders on a daily basis. It is their view, based on their experience, that in certain cases the objectives of rehabilitating juveniles and protecting their communities can best be served by extending the resources and options available under the JCA to juvenile violators of the laws listed above. This may especially be the case where a juvenile has pending charges of violations of these laws, as well as other charges that must be addressed under the JCA. In such cases, combining the charges in a single JCA proceeding may be the best course. This bill would enable magistrate judges to use their informed judgment in deciding whether the juvenile or criminal justice system would provide the best options in each case. FISCAL NOTE There may be some loss of revenue from the fact that fines will not be imposed in those cases that are processed under the JCA. The recipients of funds from fines under the provisions of Idaho Code 19-4705 including the state general fund, the dedicated state funds referenced in that statute, district court funds and cities may be affected. The extent of such impact cannot be calculated precisely, since the number of cases that will be processed under the JCA will depend on the standards set by courts at the local level in each district and county. These losses will be offset to some extent by the economy of consolidating a juvenile's charges under these provisions with any ongoing JCA case involving the juvenile, and the avoidance of the expense of jury trials in cases that are processed under the JCA. Contact: Patricia Tobias Administrative Director of the Courts (208) 334-2246 Statement of Purpose/Fiscal Note H 205