2006 Legislation
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HOUSE BILL NO. 534 – Felonies/certain/statute limitatns

HOUSE BILL NO. 534

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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 RAPE NO  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  time
 17    after 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  FOR  CRIMES  AGAINST  CHILDREN  AND
 25    OTHER  FELONIES. (1) A prosecution for any felony other than murder, voluntary
 26    manslaughter, rape pursuant to section 18-6101 2., 3., 4., 5. or 7.,  or  sec-
 27    tion  18-6108,  Idaho  Code,  or  any felony committed upon or against a minor
 28    child, or an act of terrorism as  set  forth  in  sections  18-8102,  18-8103,
 29    18-3322,  18-3323  and  18-3324, Idaho Code those 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-
 34    vided in subsection (2) of this section, a prosecution for any felony  commit-
 35    ted  upon  or  against  a  minor child must be commenced within five (5) years
 36    after the commission of the offense by the filing of the complaint or a  find-
 37    ing of an indictment.
 38        (2)  A  prosecution  under section 18-1506 or 18-1508, Idaho Code, must be
 39    commenced within five (5) years after the date the child reaches eighteen (18)
 40    years of age.
 41        (3)  A prosecution under section 18-1506A, Idaho Code, must  be  commenced
                                                                        
                                           2
                                                                        
  1    within three (3) years after the date of initial disclosure by the victim.
  2        (4)  Notwithstanding  any  other  provision  of  law, an indictment may be
  3    found, or an information instituted, at any  time  without  limitation  for  a
  4    prosecution under section 18-8103, 18-3322, 18-3323 or 18-3324, Idaho Code.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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 RAPE NO  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  time
 17    after 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  FOR  CRIMES  AGAINST  CHILDREN  AND
 25    OTHER  FELONIES. (1) A prosecution for any felony other than murder, voluntary
 26    manslaughter, rape pursuant to section 18-6101 2., 3., 4., 5. or 7.,  or  sec-
 27    tion  18-6108,  Idaho  Code,  or  any felony committed upon or against a minor
 28    child, or an act of terrorism as  set  forth  in  sections  18-8102,  18-8103,
 29    18-3322,  18-3323  and  18-3324, Idaho Code those 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-
 34    vided in subsection (2) of this section, a prosecution for any felony  commit-
 35    ted  upon  or  against  a  minor child must be commenced within five (5) years
 36    after the commission of the offense by the filing of the complaint or a  find-
 37    ing of an indictment.
 38        (2)  A  prosecution  under section 18-1506 or 18-1508, Idaho Code, must be
 39    commenced within five (5) years after the date the child reaches eighteen (18)
 40    years of age.
 41        (3)  A prosecution under section 18-1506A, Idaho Code, must  be  commenced
                                                                        
                                           2
                                                                        
  1    within three (3) years after the date of initial disclosure by the victim.
  2        (4)  Notwithstanding  any  other  provision  of  law, an indictment may be
  3    found, or an information instituted, at any  time  without  limitation  for  a
  4    prosecution 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.

Statement of Purpose / Fiscal Impact


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                       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