2005 Legislation
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SENATE BILL NO. 1015 – Juvenile Corrections, jurisdiction

SENATE BILL NO. 1015

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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