2005 Legislation
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HOUSE BILL NO. 205 – Juveniles, certain violatn/jursdctn


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Bill Status

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.
      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
    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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 205
  1                                        AN ACT
  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  fourteen    eighteen  (148) 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 fourteen eighteen
 31    (148)  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.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

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.

Patricia Tobias
Administrative Director of the Courts
(208) 334-2246

Statement of Purpose/Fiscal Note                        H 205