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S1100................................................by JUDICIARY AND RULES SENTENCING - Amends existing law relating to sentencing in capital cases to revise language applicable to statutory aggravating circumstances related to a defendant's conduct. 02/08 Senate intro - 1st rdg - to printing 02/09 Rpt prt - to Jud 02/24 Rpt out - rec d/p - to 2nd rdg 02/25 2nd rdg - to 3rd rdg 02/28 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Noble Floor Sponsor - Darrington Title apvd - to House 03/01 House intro - 1st rdg - to Jud 03/08 Rpt out - rec d/p - to 2nd rdg 03/09 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 67-0-3 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson), Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Crow, Moyle, Schaefer Floor Sponsor - Wills Title apvd - 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 152 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE SENATE SENATE BILL NO. 1100 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO SENTENCING IN CAPITAL CASES; AMENDING SECTION 19-2515, IDAHO CODE, 3 TO REVISE LANGUAGE APPLICABLE TO STATUTORY AGGRAVATING CIRCUMSTANCES 4 RELATED TO A DEFENDANT'S CONDUCT. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 19-2515, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 19-2515. SENTENCE IN CAPITAL CASES -- SPECIAL SENTENCING PROCEEDING -- 9 STATUTORY AGGRAVATING CIRCUMSTANCES -- SPECIAL VERDICT OR WRITTEN FINDINGS. 10 (1) Except as provided in section 19-2515A, Idaho Code, a person convicted of 11 murder in the first degree shall be liable for the imposition of the penalty 12 of death if such person killed, intended a killing, or acted with reckless 13 indifference to human life, irrespective of whether such person directly com- 14 mitted the acts that caused death. 15 (2) Where a person is sentenced to serve a term in the penitentiary, 16 after conviction of a crime which falls within the provisions of section 17 20-223, Idaho Code, except in cases where the court retains jurisdiction, the 18 comments and arguments of the counsel for the state and the defendant relative 19 to the sentencing and the comments of the judge relative to the sentencing 20 shall be recorded. If the comments are recorded electronically, they need not 21 be transcribed. Otherwise, they shall be transcribed by the court reporter. 22 (3) Where a person is convicted of an offense which may be punishable by 23 death, a sentence of death shall not be imposed unless: 24 (a) A notice of intent to seek the death penalty was filed and served as 25 provided in section 18-4004A, Idaho Code; and 26 (b) The jury, or the court if a jury is waived, finds beyond a reasonable 27 doubt at least one (1) statutory aggravating circumstance. Where a statu- 28 tory aggravating circumstance is found, the defendant shall be sentenced 29 to death unless mitigating circumstances which may be presented are found 30 to be sufficiently compelling that the death penalty would be unjust. The 31 jury shall not direct imposition of a sentence of death unless it unani- 32 mously finds at least one (1) statutory aggravating circumstance and unan- 33 imously determines that the penalty of death should be imposed. 34 (4) Notwithstanding any court rule to the contrary, when a defendant is 35 adjudicated guilty of murder in the first degree, whether by acceptance of a 36 plea of guilty, by verdict of a jury, or by decision of the trial court sit- 37 ting without a jury, no presentence investigation shall be conducted; provided 38 however, that if a special sentencing proceeding is not held or if a special 39 sentencing proceeding is held but no statutory aggravating circumstance has 40 been proven beyond a reasonable doubt, the court may order that a presentence 41 investigation be conducted. 42 (5) (a) If a person is adjudicated guilty of murder in the first degree, 43 whether by acceptance of a plea of guilty, by verdict of a jury, or by 2 1 decision of the trial court sitting without a jury, and a notice of intent 2 to seek the death penalty was filed and served as provided in section 3 18-4004A, Idaho Code, a special sentencing proceeding shall be held 4 promptly for the purpose of hearing all relevant evidence and arguments of 5 counsel in aggravation and mitigation of the offense. Information concern- 6 ing the victim and the impact that the death of the victim has had on the 7 victim's family is relevant and admissible. Such information shall be 8 designed to demonstrate the victim's uniqueness as an individual human 9 being and the resultant loss to the community by the victim's death. 10 Characterizations and opinions about the crime, the defendant and the 11 appropriate sentence shall not be permitted as part of any victim impact 12 information. The special sentencing proceeding shall be conducted before a 13 jury unless a jury is waived by the defendant with the consent of the 14 prosecuting attorney. 15 (b) If the defendant's guilt was determined by a jury verdict, the same 16 jury shall hear the special sentencing proceeding; provided however, that 17 if it is impracticable to reconvene the same jury to hear the special sen- 18 tencing proceeding due to an insufficient number of jurors, the trial 19 court may dismiss that jury and convene a new jury of twelve (12) persons, 20 plus alternate jurors as the trial court deems necessary pursuant to sec- 21 tion 19-1904, Idaho Code. 22 (c) If the defendant's guilt was determined by a plea of guilty or by a 23 decision of the trial court sitting without a jury, or if a retrial of the 24 special sentencing proceeding is necessary for any reason including, but 25 not limited to, a mistrial in a previous special sentencing proceeding or 26 as a consequence of a remand from an appellate court, the trial court 27 shall impanel a jury of twelve (12) persons, plus alternate jurors as the 28 trial court deems necessary pursuant to section 19-1904, Idaho Code, 29 unless such jury is waived. 30 (d) If a special sentencing proceeding is conducted before a newly impan- 31 eled jury pursuant to the provisions of subsection (5)(b) or (5)(c) of 32 this section, the state and the defense may present evidence to inform the 33 jury of the nature and circumstances of the murder for which the defendant 34 was convicted. The newly impaneled jury shall be instructed that the 35 defendant has previously been found guilty of first-degree murder and that 36 the jury's purpose is limited to making findings relevant for sentencing. 37 (6) At the special sentencing proceeding, the state and the defendant 38 shall be entitled to present all relevant evidence in aggravation and mitiga- 39 tion. Disclosure of evidence to be relied on in the sentencing proceeding 40 shall be made in accordance with Idaho criminal rule 16. Evidence admitted at 41 trial shall be considered and need not be repeated at the sentencing hearing. 42 (7) The jury shall be informed as follows: 43 (a) If the jury finds that a statutory aggravating circumstance exists 44 and no mitigating circumstances exist which would make the imposition of 45 the death penalty unjust, the defendant will be sentenced to death by the 46 court. 47 (b) If the jury finds the existence of a statutory aggravating circum- 48 stance but finds that the existence of mitigating circumstances makes the 49 imposition of the death penalty unjust or the jury cannot unanimously 50 agree on whether the existence of mitigating circumstances makes the impo- 51 sition of the death penalty unjust, the defendant will be sentenced to a 52 term of life imprisonment without the possibility of parole; and 53 (c) If the jury does not find the existence of a statutory aggravating 54 circumstance or if the jury cannot unanimously agree on the existence of a 55 statutory aggravating circumstance, the defendant will be sentenced by the 3 1 court to a term of life imprisonment with a fixed term of not less than 2 ten (10) years. 3 (8) Upon the conclusion of the evidence and arguments in mitigation and 4 aggravation: 5 (a) With regard to each statutory aggravating circumstance alleged by the 6 state, the jury shall return a special verdict stating: 7 (i) Whether the statutory aggravating circumstance has been proven 8 beyond a reasonable doubt; and 9 (ii) If the statutory aggravating circumstance has been proven 10 beyond a reasonable doubt, whether all mitigating circumstances, when 11 weighed against the aggravating circumstance, are sufficiently com- 12 pelling that the death penalty would be unjust. 13 (b) If a jury has been waived, the court shall: 14 (i) Make written findings setting forth any statutory aggravating 15 circumstance found beyond a reasonable doubt; 16 (ii) Set forth in writing any mitigating circumstances considered; 17 and 18 (iii) Upon weighing all mitigating circumstances against each statu- 19 tory aggravating circumstance separately, determine whether mitigat- 20 ing circumstances are found to be sufficiently compelling that the 21 death penalty would be unjust and detail in writing its reasons for 22 so finding. 23 (9) The following are statutory aggravating circumstances, at least one 24 (1) of which must be found to exist beyond a reasonable doubt before a sen- 25 tence of death can be imposed: 26 (a) The defendant was previously convicted of another murder. 27 (b) At the time the murder was committed the defendant also committed 28 another murder. 29 (c) The defendant knowingly created a great risk of death to many per- 30 sons. 31 (d) The murder was committed for remuneration or the promise of remunera- 32 tion or the defendant employed another to commit the murder for remunera- 33 tion or the promise of remuneration. 34 (e) The murder was especially heinous, atrocious or cruel, manifesting 35 exceptional depravity. 36 (f) By the murder, or circumstances surrounding its commission, the 37 defendant exhibited utter disregard for human life. 38 (g) The murder was committed in the perpetration of, or attempt to perpe- 39 trate, arson, rape, robbery, burglary, kidnapping or mayhem and the 40 defendant killed, intended a killing, or acted with reckless indifference 41 to human life. 42 (h) The defendant, by priorhis conduct, orwhether such conduct inwas 43 before, during or after the commission of the murder at hand, has exhib- 44 ited a propensity to commit murder which will probably constitute a con- 45 tinuing threat to society. 46 (i) The murder was committed against a former or present peace officer, 47 executive officer, officer of the court, judicial officer or prosecuting 48 attorney because of the exercise of official duty or because of the 49 victim's former or present official status. 50 (j) The murder was committed against a witness or potential witness in a 51 criminal or civil legal proceeding because of such proceeding.
STATEMENT OF PURPOSE RS 14640 This legislation clarifies an aggravating circumstance in the death penalty statute, Idaho Code 19-2515(9)(h). The amendment ensures that the jury will be allowed to consider all relevant information about the defendant at the sentencing phase where the jury has to assess the murderer's continuing threat to society. Under the current language, a defendant could argue that the statute only allows the jury to hear about the defendant's conduct "prior" to, or during the murder, but not about his conduct after the murder. The prosecution disagrees with that interpretation, and believes the legislative intent was to make available all information about the defendant's conduct relevant to his "propensity to commit murder which will probably constitute a continuing threat to society" I.C. 19-2515(9)(h). This modification clarifies that issue. Conduct after the murder is especially important in cases involving multiple murders or other acts, good or bad, committed after the murder at hand. This change makes certain that the jury hears all relevant information about the defendant at sentencing, including the defendant's conduct before, during and after the murder. Fiscal Impact There is no anticipated fiscal impact. Contact Name: Roger Bourne, Ada County Prosecuting Attorney's Office Phone: 287-7700 STATEMENT OF PURPOSE/FISCAL NOTE S 1100