2005 Legislation
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SENATE BILL NO. 1100 – Sentencing, capital case

SENATE BILL NO. 1100

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 prior his conduct, or whether  such conduct in was
 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 / Fiscal Impact



                       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