View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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 same19 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