2005 Legislation
Print Friendly

SENATE BILL NO. 1013 – Juvenile Corrections/code reference

SENATE BILL NO. 1013

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



S1013................................................by JUDICIARY AND RULES
JUVENILE CORRECTIONS - Amends existing law relating to the Juvenile
Corrections Act to provide a correct code reference.
                                                                        
01/17    Senate intro - 1st rdg - to printing
01/18    Rpt prt - to Jud
02/01    Rpt out - rec d/p - to 2nd rdg
02/02    2nd rdg - to 3rd rdg
02/07    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Hill, Noble
    Floor Sponsor - Jorgenson
    Title apvd - to House
02/08    House intro - 1st rdg - to Jud
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 65-0-5
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones,
      Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
      Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
      Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer,
      Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Crow, McKague, Sali, Snodgrass
    Floor Sponsor - Pence
    Title apvd - to Senate
03/10    To enrol
03/11    Rpt enrol - Pres signed
03/14    Sp signed
03/15    To Governor
03/21    Governor signed
         Session Law Chapter 92
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1013
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE JUVENILE CORRECTIONS  ACT;  AMENDING  SECTION  20-525A,  IDAHO
  3        CODE, TO PROVIDE A CORRECT CODE REFERENCE.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION  1.  That  Section 20-525A, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        20-525A.  EXPUNGEMENT OF RECORD -- HEARING -- FINDINGS NECESSARY  --  SPE-
  8    CIAL  INDEX  --  EFFECT OF ORDER. (1) Any person who has been adjudicated in a
  9    case under this act and found to be within the purview of the act  for  having
 10    committed a felony offense or having been committed to the department of juve-
 11    nile  corrections may, after the expiration of five (5) years from the date of
 12    termination of the continuing jurisdiction of the court, or, in case the juve-
 13    nile was committed to the juvenile corrections center, five (5) years from the
 14    date of his release from the juvenile corrections center,  or  after  reaching
 15    age  eighteen  (18),  whichever  occurs  last,  petition  the  court  for  the
 16    expungement  of  his  record. Upon the filing of the petition, the court shall
 17    set a date for a hearing and shall notify the prosecuting attorney of the pen-
 18    dency of the petition and of the date of the hearing. The prosecuting attorney
 19    and any other person who may have relevant information  about  the  petitioner
 20    may testify at the hearing.
 21        (2)  Any  person  who  has  been  adjudicated in a case under this act and
 22    found to be within the purview of the act for having committed misdemeanor  or
 23    status  offenses only and not having been committed to the department of juve-
 24    nile corrections may, after the expiration of one (1) year from  the  date  of
 25    termination  of the continuing jurisdiction of the court or after reaching age
 26    eighteen (18) years, whichever  occurs  later,  petition  the  court  for  the
 27    expungement  of  his  record. Upon the filing of the petition, the court shall
 28    set a date for a hearing and shall notify the prosecuting attorney of the pen-
 29    dency of the petition and the date of the hearing.  The  prosecuting  attorney
 30    and  any  other  person who may have relevant information about the petitioner
 31    may testify at the hearing.
 32        (3)  In any case where the prosecuting attorney has elected to utilize the
 33    diversion process or the court orders an informal adjustment pursuant to  sec-
 34    tion  20-511, Idaho Code, the person may, after the expiration of one (1) year
 35    from the date of termination of the continuing jurisdiction of  the  court  or
 36    after  reaching  age eighteen (18) years, whichever occurs later, petition the
 37    court for the expungement of his record. Upon the filing of the petition,  the
 38    court shall set a date for a hearing and shall notify the prosecuting attorney
 39    of  the  pendency of the petition and the date of the hearing. The prosecuting
 40    attorney and any other person who may  have  relevant  information  about  the
 41    petitioner may testify at the hearing.
 42        (4)  The  court  may  not  expunge  a  conviction for any of the following
 43    crimes from a juvenile's record:
                                                                        
                                           2
                                                                        
  1        (a)  Administering poison with intent to kill (18-4014, Idaho Code);
  2        (b)  Aggravated battery (18-907, Idaho Code);
  3        (c)  Armed robbery (chapter 65, title 18, Idaho Code);
  4        (d)  Arson (chapter 8, title 18, Idaho Code);
  5        (e)  Assault with intent to commit a serious felony (18-909, Idaho Code);
  6        (f)  Assault with intent to murder (18-4015, Idaho Code);
  7        (g)  Assault or battery upon  certain  personnel,  felony  (18-915,  Idaho
  8        Code);
  9        (h)  Forcible  sexual  penetration  by  use  of a foreign object (18-6608,
 10        Idaho Code);
 11        (i)  Infamous  crime  against  nature,  committed  by  force  or  violence
 12        (18-6605, Idaho Code);
 13        (j)  Injury to child, felony (18-1501, Idaho Code);
 14        (k)  Kidnapping (18-4501, Idaho Code);
 15        (l)  Murder of any degree (18-4001 and 18-4003, Idaho Code);
 16        (m)  Rape, excluding statutory rape (18-6101 and 18-6108, Idaho Code);
 17        (n)  Ritualized abuse of a child (18-1506A, Idaho Code);
 18        (o)  Sexual exploitation of a child (18-1507, Idaho Code);
 19        (p)  Unlawful use of destructive device or bomb (18-3320, Idaho Code);
 20        (q)  Voluntary manslaughter (18-4006 1., Idaho Code);
 21        (r)  A violation of the provisions of  section  37-2732(a)(1)(A),  (B)  or
 22        (C),  Idaho  Code,  when  the violation occurred on or within one thousand
 23        (1,000) feet of the property of any public or private primary or secondary
 24        school, or in those portions of  any  building,  park,  stadium  or  other
 25        structure  or grounds which were, at the time of the violation, being used
 26        for an activity sponsored by or through such a school;
 27        (s)  A violation of  the  provisions  of  section  37-2732B,  Idaho  Code,
 28        related to drug trafficking or manufacturing of illegal drugs.
 29        (5)  If  the  court  finds  after hearing that the petitioner has not been
 30    adjudicated as a juvenile for any of the crimes identified in subsection  (24)
 31    of  this  section, and has not been convicted of a felony, or of a misdemeanor
 32    wherein violence toward another person was attempted or  committed  since  the
 33    termination  of the court's jurisdiction or his release from the juvenile cor-
 34    rections center, and that no proceeding involving such felony  or  misdemeanor
 35    is  pending or being instituted against him, and if the court further finds to
 36    its satisfaction that the petitioner has been held accountable, is  developing
 37    life  skills  necessary  to  become a contributing member of the community and
 38    that the expungement of the petitioner's record  will  not  compromise  public
 39    safety,  it shall order all records in the petitioner's case in the custody of
 40    the court and  all  such  records,  including  law  enforcement  investigatory
 41    reports  and  fingerprint records, in the custody of any other agency or offi-
 42    cial sealed; and shall further order  all  references  to  said  adjudication,
 43    diversion  or  informal adjustment removed from all indices and from all other
 44    records available to the public. However, a special index of  the  expungement
 45    proceedings and records shall be kept by the court ordering expungement, which
 46    index  shall  not  be  available to the public and shall be revealed only upon
 47    order of a court of competent jurisdiction. Copies of the order shall be  sent
 48    to each agency or official named in the order. Upon the entry of the order the
 49    proceedings  in  the  petitioner's case shall be deemed never to have occurred
 50    and the petitioner may properly reply accordingly upon any inquiry in the mat-
 51    ter. Inspection of the records may thereafter be permitted only by  the  court
 52    upon  petition by the person who is the subject of the records or by any other
 53    court of competent jurisdiction, and only to persons named in the petition.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14528

This bill is one of a series of bills that the Supreme Court has recommended
in its annual report to the Governor concerning defects or omissions in the
laws, as required under article V, section 25 of the Idaho Constitution. 
Subsection (5) of Idaho Code  20-525A deals with expungement of juvenile
convictions under the Juvenile Corrections Act.  It provides that expungement
may be ordered by the court in certain cases where the juvenile "has not been
adjudicated . . . for any of the crimes identified in subsection (2) of this
section . . .."  However, because of an amendment to this statute in 2004, the
subsection that lists the offenses for which expungement is not permitted is
actually contained in subsection (4), not subsection (2).  This bill would
make the technical correction of changing the reference in subsection (5) from
"(2)" to "(4)." 


                         FISCAL IMPACT

There will be no fiscal impact as a result of this legislation.


               

Contact Person:

Patricia Tobias
Administrative Director of the Courts
(208) 334-2246
     
STATEMENT OF PURPOSE/FISCAL NOTE                   S 1013