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S1015................................................by JUDICIARY AND RULES
JUVENILE CORRECTIONS - Amends existing law relating to the Juvenile
Corrections Act to clarify that courts have jurisdiction for offenses that
occur in the state of Idaho.
01/17 Senate intro - 1st rdg - to printing
01/18 Rpt prt - to Jud
02/01 Rpt out - w/o rec - to 2nd rdg
02/02 2nd rdg - to 3rd rdg
02/08 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Little,
Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Langhorst, Pearce
Floor Sponsor - Jorgenson
Title apvd - to House
02/09 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 - 68-0-2
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, 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 -- Bedke, Lake
Floor Sponsor - Bastian
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 94
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1015
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-505, IDAHO CODE,
3 TO CLARIFY THAT COURTS HAVE JURISDICTION FOR OFFENSES THAT OCCUR IN THE
4 STATE OF IDAHO.
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 occurs in the state of Idaho and is
14 prohibited by federal, state, local or municipal law or ordinance by reason of
15 minority only, regardless of where the same occurred;
16 (2) Where the act or omission occurs in the state of Idaho and is a
17 violation of any federal, state, local or municipal law or ordinance which
18 would be a crime if committed by an adult, regardless of where the same
19 occurred;
20 (3) Concerning any juvenile where the juvenile comes under the purview of
21 the interstate compact on juveniles as set forth in chapter 19, title 16,
22 Idaho Code;
23 (4) This chapter shall not apply to juvenile violators of beer, wine or
24 other alcohol and tobacco laws; except that a juvenile violator under the age
25 of fourteen (14) years at the time of the violation may, at the discretion of
26 the court, be treated under the provisions of this chapter;
27 (5) This chapter shall not apply to the violent juvenile offender, as
28 defined in this chapter;
29 (6) This chapter shall not apply to juvenile violators of traffic, water-
30 craft, fish and game, failure to obey a misdemeanor citation and criminal con-
31 tempt laws; except that a juvenile violator under the age of fourteen (14)
32 years at the time of such violation may, at the discretion of the court, be
33 treated under the provisions of this chapter;
34 (7) This chapter shall not apply to juvenile sex offenders who violate
35 the provisions of section 18-8414, Idaho Code.
STATEMENT OF PURPOSE
RS 14530
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. The current
wording of Idaho Code 20-505 has led some to believe that the courts can assume
jurisdiction over a juvenile under the Juvenile Corrections Act where the
underlying offense occurred outside of the State of Idaho. It appears, however,
that it was not the intent of the legislature to give the juvenile courts
jurisdiction over acts committed in other states. To have courts assume such
jurisdiction might also raise perplexing constitutional issues, which would
result in extended litigation. This bill would clarify the statute by providing
that courts can assume jurisdiction over a juvenile under the Juvenile
Corrections Act only where the underlying offense occurred in the State of Idaho.
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 1015