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S1014................................................by JUDICIARY AND RULES
SERIOUS CRIME - Amends existing law to revise the definition for "serious
crime."
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 - 34-0-1
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, Noble, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Hill
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 - 66-0-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Jones, Kemp, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, 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, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Lake, McKague, Snodgrass
Floor Sponsor - Ellsworth
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 93
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1014
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-851, IDAHO CODE, TO REVISE
3 THE DEFINITION FOR "SERIOUS CRIME" AND TO MAKE A TECHNICAL CORRECTION.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 19-851, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 19-851. RIGHT TO REPRESENTATION BY COUNSEL -- DEFINITIONS. In this act,
8 the term:
9 (a) "Detain" means to have in custody or otherwise deprive of freedom of
10 action;
11 (b) "Expenses," when used with reference to representation under this
12 act, includes the expenses of investigation, other preparation, and trial;
13 (c) "Needy person" means a person who, at the time his need is deter-
14 mined, is unable to provide for the full payment of an attorney and all other
15 necessary expenses of representation;
16 (d) "Serious crime" includes:
17 (1) a felony;
18 (2) any misdemeanor or offense the penalty for which, excluding imprison-
19 ment for non-payment nonpayment of a fine, includes the possibility of
20 confinement. for more than six (6) months.
STATEMENT OF PURPOSE
RS 14529
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. Idaho Code
19-852 provides that counsel must be appointed for a needy person who is under
formal charge of having committed a "serious crime." Idaho Code 19-851 states
that "serious crime" includes "(1) a felony; (2) any misdemeanor or offense the
penalty for which, excluding imprisonment for non-payment of a fine, includes the
possibility of confinement for more than six (6) months." This is in conflict
with United States Supreme Court decisions holding that an indigent defendant
cannot be sentenced to any term of confinement unless counsel was appointed to
represent the defendant. Argersinger v. Hamlin, 407 U.S. 25 (1972). This act
would amend Idaho Code 19-851 to make clear that "serious crime" includes any
misdemeanor that includes the possibility of confinement. This would bring the
statutes on appointment of counsel in criminal cases into conformity with United
States Supreme Court cases, would avoid any confusion arising from the current
conflict between the statute and case law.
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 1014