View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0534aa..............................by JUDICIARY, RULES AND ADMINISTRATION FELONIES - STATUTE OF LIMITATIONS - Amends existing law to revise statute of limitations provisions applicable to specified felonies. 02/02 House intro - 1st rdg - to printing 02/03 Rpt prt - to Jud 02/10 Rpt out - to Gen Ord 02/13 Rpt out amen - to engros 02/14 Rpt engros - 1st rdg - to 2nd rdg as amen 02/15 2nd rdg - to 3rd rdg as amen 02/16 3rd rdg as amen - PASSED - 69-0-1 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson), Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, 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 -- Bell Floor Sponsor - Field(18) Title apvd - to Senate 02/17 Senate intro - 1st rdg - to Jud 02/27 Rpt out - rec d/p - to 2nd rdg 02/28 2nd rdg - to 3rd rdg 03/03 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Malepeai Floor Sponsors - President Pro Tempore Geddes & Jorgenson Title apvd - to House 03/06 To enrol 03/07 Rpt enrol - Sp signed 03/08 Pres signed 03/09 To Governor 03/13 Governor signed Session Law Chapter 39 Effective: 03/13/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 534 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO STATUTE OF LIMITATIONS; AMENDING SECTION 19-401, IDAHO CODE, TO 3 REVISE THE CRIMES FOR WHICH NO STATUTE OF LIMITATIONS APPLIES; AND AMEND- 4 ING SECTION 19-402, IDAHO CODE, TO REVISE STATUTE OF LIMITATIONS PROVI- 5 SIONS FOR CERTAIN FELONIES. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 19-401, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 19-401.PROSECUTIONS FOR MURDER, VOLUNTARY MANSLAUGHTER OR RAPENO STAT- 10 UTE OF LIMITATIONS FOR CERTAIN FELONIES. Notwithstanding any other provision 11 of law, tThere is no limitation of time within which a prosecution for the 12 following crimes must be commenced: 13 (1) Mmurder,; 14 (2) Vvoluntary manslaughter, or; 15 (3) Rrape pursuant to section 18-6101 2., 3., 4., 5. or 7., or section 16 18-6108, Idaho Code, must be commenced. They may be commenced at any time17after the death or rape of the person killed or raped; 18 (4) Sexual abuse of a child or lewd conduct with a child as set forth in 19 sections 18-1506 and 18-1508, Idaho Code; or 20 (5) An act of terrorism as set forth in sections 18-8102, 18-8103, 21 18-3322, 18-3323 and 18-3324, Idaho Code. 22 SECTION 2. That Section 19-402, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 19-402. COMMENCEMENT OF PROSECUTIONS FORCRIMES AGAINST CHILDREN AND25OTHERFELONIES.(1)A prosecution for any felony other thanmurder, voluntary26manslaughter, rape pursuant to section 18-6101 2., 3., 4., 5. or 7., or sec-27tion 18-6108, Idaho Code, or any felony committed upon or against a minor28child, or an act of terrorism as set forth in sections 18-8102, 18-8103,2918-3322, 18-3323 and 18-3324, Idaho Codethose specified in section 19-401, 30 Idaho Code, must be commenced by the filing of the complaint or the finding of 31 an indictment within five (5) years after its commission provided however, a 32 prosecution under section 18-1506A, Idaho Code, must be commenced within three 33 (3) years after the date of initial disclosure by the victim.Except as pro-34vided in subsection (2) of this section, a prosecution for any felony commit-35ted upon or against a minor child must be commenced within five (5) years36after the commission of the offense by the filing of the complaint or a find-37ing of an indictment.38(2) A prosecution under section 18-1506 or 18-1508, Idaho Code, must be39commenced within five (5) years after the date the child reaches eighteen (18)40years of age.41(3) A prosecution under section 18-1506A, Idaho Code, must be commenced2 1within three (3) years after the date of initial disclosure by the victim.2(4) Notwithstanding any other provision of law, an indictment may be3found, or an information instituted, at any time without limitation for a4prosecution under section 18-8103, 18-3322, 18-3323 or 18-3324, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Field (18) Seconded by Boe IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 534 1 AMENDMENT TO THE BILL 2 On page 2 of the printed bill, following line 4, insert: 3 "SECTION 3. An emergency existing therefor, which emergency is hereby 4 declared to exist, this act shall be in full force and effect on and after its 5 passage and approval.". 6 CORRECTIONS TO TITLE 7 On page 1, in line 3, delete "AND"; and in line 5, following "FELONIES" 8 insert: "; AND DECLARING AN EMERGENCY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 534, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO STATUTE OF LIMITATIONS; AMENDING SECTION 19-401, IDAHO CODE, TO 3 REVISE THE CRIMES FOR WHICH NO STATUTE OF LIMITATIONS APPLIES; AMENDING 4 SECTION 19-402, IDAHO CODE, TO REVISE STATUTE OF LIMITATIONS PROVISIONS 5 FOR CERTAIN FELONIES; AND DECLARING AN EMERGENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 19-401, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 19-401.PROSECUTIONS FOR MURDER, VOLUNTARY MANSLAUGHTER OR RAPENO STAT- 10 UTE OF LIMITATIONS FOR CERTAIN FELONIES. Notwithstanding any other provision 11 of law, tThere is no limitation of time within which a prosecution for the 12 following crimes must be commenced: 13 (1) Mmurder,; 14 (2) Vvoluntary manslaughter, or; 15 (3) Rrape pursuant to section 18-6101 2., 3., 4., 5. or 7., or section 16 18-6108, Idaho Code, must be commenced. They may be commenced at any time17after the death or rape of the person killed or raped; 18 (4) Sexual abuse of a child or lewd conduct with a child as set forth in 19 sections 18-1506 and 18-1508, Idaho Code; or 20 (5) An act of terrorism as set forth in sections 18-8102, 18-8103, 21 18-3322, 18-3323 and 18-3324, Idaho Code. 22 SECTION 2. That Section 19-402, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 19-402. COMMENCEMENT OF PROSECUTIONS FORCRIMES AGAINST CHILDREN AND25OTHERFELONIES.(1)A prosecution for any felony other thanmurder, voluntary26manslaughter, rape pursuant to section 18-6101 2., 3., 4., 5. or 7., or sec-27tion 18-6108, Idaho Code, or any felony committed upon or against a minor28child, or an act of terrorism as set forth in sections 18-8102, 18-8103,2918-3322, 18-3323 and 18-3324, Idaho Codethose specified in section 19-401, 30 Idaho Code, must be commenced by the filing of the complaint or the finding of 31 an indictment within five (5) years after its commission provided however, a 32 prosecution under section 18-1506A, Idaho Code, must be commenced within three 33 (3) years after the date of initial disclosure by the victim.Except as pro-34vided in subsection (2) of this section, a prosecution for any felony commit-35ted upon or against a minor child must be commenced within five (5) years36after the commission of the offense by the filing of the complaint or a find-37ing of an indictment.38(2) A prosecution under section 18-1506 or 18-1508, Idaho Code, must be39commenced within five (5) years after the date the child reaches eighteen (18)40years of age.41(3) A prosecution under section 18-1506A, Idaho Code, must be commenced2 1within three (3) years after the date of initial disclosure by the victim.2(4) Notwithstanding any other provision of law, an indictment may be3found, or an information instituted, at any time without limitation for a4prosecution under section 18-8103, 18-3322, 18-3323 or 18-3324, Idaho Code.5 SECTION 3. An emergency existing therefor, which emergency is hereby 6 declared to exist, this act shall be in full force and effect on and after its 7 passage and approval.
REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 15833 The purpose of this legislation is to eliminate the statute of limitations for prosecution of child sexual assault and to revise the statute of limitations provisions applicable to specified felonies. FISCAL NOTE No fiscal impact to the general fund. Contact Name: Representative Field Representative Boe Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 534 AA