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S1065................................................by JUDICIARY AND RULES INJURY TO CHILDREN - Amends existing law relating to injury to children to define the term "willfully." 01/27 Senate intro - 1st rdg - to printing 01/28 Rpt prt - to Jud 02/17 Rpt out - rec d/p - to 2nd rdg 02/18 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 32-0-3 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Corder, Darrington, Davis, Gannon, Geddes, Hill, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Compton, Goedde, Jorgenson Floor Sponsor - Darrington Title apvd - to House 02/22 House intro - 1st rdg - to Jud 03/10 Rpt out - rec d/p - to 2nd rdg 03/11 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 44-25-1 AYES -- Barraclough, Bastian, Bell, Bilbao, Black, Block, Boe, Bradford, Cannon, Chadderdon, Clark, Deal, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Henbest, Henderson, Jaquet, Jones, LeFavour, McGeachin, Miller, Mitchell, Nielsen, Pasley-Stuart, Pence, Ring, Ringo, Roberts, Rusche, Sayler, Shepherd(2), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills NAYS -- Anderson, Andrus, Barrett, Bayer, Bedke, Bolz, Collins, Crow, Denney, Hart(Jacobson), Harwood, Kemp, Lake, Loertscher, Mathews, McKague, Moyle, Nonini, Raybould, Rydalch, Sali, Schaefer, Shepherd(8), Wood, Mr. Speaker Absent and excused -- Martinez Floor Sponsor - Smith(24) Title apvd Held for reconsideration Motion to Reconsider - FAILED Ret'd to Senate 03/16 To enrol 03/17 Rpt enrol - Pres signed 03/18 Sp signed 03/21 To Governor 03/25 Governor signed Session Law Chapter 151 Effective: 03/25/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE SENATE SENATE BILL NO. 1065 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO INJURY TO CHILDREN; AMENDING SECTION 18-1501, IDAHO CODE, TO 3 DEFINE THE TERM "WILLFULLY" AND TO MAKE A TECHNICAL CORRECTION; AND 4 DECLARING AN EMERGENCY. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 18-1501, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 18-1501. INJURY TO CHILDREN. (1) Any person who, under circumstances or 9 conditions likely to produce great bodily harm or death, willfully causes or 10 permits any child to suffer, or inflicts thereon unjustifiable physical pain 11 or mental suffering, or having the care or custody of any child, willfully 12 causes or permits the person or health of such child to be injured, or will- 13 fully causes or permits such child to be placed in such situation that its 14 person or health is endangered, is punishable by imprisonment in the county 15 jail not exceeding one (1) year, or in the state prison for not less than one 16 (1) year nor more than ten (10) years. 17 (2) Any person who, under circumstances or conditions other than those 18 likely to produce great bodily harm or death, willfully causes or permits any 19 child to suffer, or inflicts thereon unjustifiable physical pain or mental 20 suffering, or having the care or custody of any child, willfully causes or 21 permits the person or health of such child to be injured, or willfully causes 22 or permits such child to be placed in such situation that its person or health 23 may be endangered, is guilty of a misdemeanor. 24 (3) A person over the age of eighteen (18) years commits the crime of 25 injury to a child if the person transports a minor in a motor vehicle or ves- 26 sel as defined in section 67-7003, Idaho Code, while under the influence of 27 alcohol, intoxicating liquor, a controlled substance, or any combination 28 thereof, in violation of section 18-8004 or 67-7034, Idaho Code. Any person 29 convicted of violating this subsection is guilty of a misdemeanor. If a child 30 suffers bodily injury or death due to a violation of this subsection, the 31 violation will constitute a felony punishable by imprisonment for not more 32 than ten (10) years, unless a more severe penalty is otherwise prescribed by 33 law. 34 (4) The practice of a parent or guardian who chooses for his child treat- 35 ment by prayer or spiritual means alone shall not for that reason alone be 36 construed to have violated the duty of care to such child. 37 (5) As used in this section, "willfully" means acting or failing to act 38 where a reasonable person would know the act or failure to act is likely to 39 result in injury or harm or is likely to endanger the person, health, safety 40 or well-being of the child. 41 SECTION 2. An emergency existing therefor, which emergency is hereby 42 declared to exist, this act shall be in full force and effect on and after its 2 1 passage and approval.
STATEMENT OF PURPOSE RS 14688 The purpose of this legislation is to amend Idaho's Injury to Children statute, I.C. 18-1501, to clarify that the mental state necessary for a conviction is one of "general intent". For purposes of this statute, the amendment defines willfully in a manner that is consistent with the current language and purpose of the Injury to Children code section. This amendment is necessary in light of recent Idaho Appellate Court decisions requiring prosecutors to establish a higher burden proof on the mental state element for a prosecution pursuant to the Injury to Children statute. This higher burden of proof was never intended by the Legislature. This amendment is intended to clarify that a conviction for Injury to Children does not require a higher level of proof than that which is required for injuring any other person by virtue of a Battery, I.C. 18-903, or Aggravated Battery, I.C. 18-907, which require proof of "general intent". The Supreme Court of Idaho's decision in State v. Young, 138 Idaho 370, 64 P.3d 296 (2002), requires the state to prove "specific intent" which requires a showing that not only a person acted or failed to act but also that the act or failure to act was done with knowledge that it would cause unnecessary suffering or unjustifiable physical pain. As opposed to a general intent requirement of proof that an act or failure to act was "unjustified", "willful" or purposeful and committed "under circumstances or conditions likely to produce great bodily harm or death" as was intended by the Legislature. The Court of Appeal's also applied this ruling to the "endangerment" clause of I.C. 18-1501 in State v. Halbesleben, 139 Idaho 165, 75 P.3d 219 (Ct. App. 2003). This decision requires the state to prove a person willfully or purposefully placed a child in a particular situation and that the defendant knew the situation into which the child was placed would endanger the person or health of the child. This amendment clarifies that the intent requirement for Injury to Children is general intent consistent with that required for proving battery or other similar offenses. The proposed legislation also includes an emergency clause. FISCAL NOTE The fiscal impact is neutral. Contact Name: Heather Reilly, Ada County Prosecuting Attorney's Office Phone: 287-7700 STATEMENT OF PURPOSE/FISCAL NOTE S 1065