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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
]]]] 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 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