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S1297................................................by JUDICIARY AND RULES
CRIMINAL JUDGMENTS - Amends existing law relating to criminal judgments to
remove language requiring a notice of intent to seek enhanced penalties in
certain cases.
01/23 Senate intro - 1st rdg - to printing
01/24 Rpt prt - to Jud
01/31 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/02 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, 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 -- None
Floor Sponsor - Kelly
Title apvd - to House
02/03 House intro - 1st rdg - to Jud
03/10 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 47-19-4
AYES -- Anderson, Andrus, Bastian, Bayer, Bilbao, Black, Block, Boe,
Bradford, Cannon, Chadderdon, Deal, Denney, Edmunson, Eskridge,
Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Kemp,
LeFavour, Loertscher, Martinez, Miller, Mitchell, Nielsen,
Pasley-Stuart, Pence, Ring, Ringo, Rusche, Rydalch, Sali, Sayler,
Schaefer, Shepherd(2), Shirley, Skippen, Smith(30), Smylie,
Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
NAYS -- Barraclough, Barrett, Bedke, Bell, Brackett, Clark, Collins,
Crow, Ellsworth, Henderson, Mathews, McKague, Moyle, Nonini,
Raybould, Roberts, Shepherd(8), Smith(24), Wood
Absent and excused -- Bolz, Hart, Lake, McGeachin
Floor Sponsor - LeFavour
Title apvd - to Senate
03/23 To enrol
03/24 Rpt enrol - Pres signed - Sp signed
03/27 To Governor
03/30 Governor signed
Session Law Chapter 249
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1297
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL JUDGMENTS; AMENDING SECTION 19-2520, IDAHO CODE, TO
3 REMOVE LANGUAGE REQUIRING A NOTICE OF INTENT TO SEEK ENHANCED PENALTIES IN
4 CERTAIN CASES AND TO MAKE A TECHNICAL CORRECTION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 19-2520, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 19-2520. EXTENDED SENTENCE FOR USE OF FIREARM OR DEADLY WEAPON. Any per-
9 son convicted of a violation of sections 18-905 (aggravated assault defined),
10 18-907 (aggravated battery defined), 18-909 (assault with intent to commit a
11 serious felony defined), 18-911 (battery with intent to commit a serious fel-
12 ony defined), 18-1401 (burglary defined), 18-1508(3), 18-1508(4), 18-1508(5),
13 18-1508(6) (lewd conduct with minor or child under sixteen), 18-2501 (rescuing
14 prisoners), 18-2505 (escape by one charged with or convicted of a felony),
15 18-2506 (escape by one charged with or convicted of a misdemeanor), 18-4003
16 (degrees of murder), 18-4006 (manslaughter), 18-4015 (assault with intent to
17 murder), 18-4501 (kidnapping defined), 18-5001 (mayhem defined), 18-6101 (rape
18 defined), 18-6501 (robbery defined), 37-2732(a) (delivery, manufacture or pos-
19 session of a controlled substance with intent to deliver) or 37-2732B
20 (trafficking), Idaho Code, who displayed, used, threatened, or attempted to
21 use a firearm or other deadly weapon while committing or attempting to commit
22 the crime, shall be sentenced to an extended term of imprisonment. The
23 extended term of imprisonment authorized in this section shall be computed by
24 increasing the maximum sentence authorized for the crime for which the person
25 was convicted by fifteen (15) years.
26 For the purposes of this section, "firearm" means any deadly weapon capa-
27 ble of ejecting or propelling one (1) or more projectiles by the action of any
28 explosive or combustible propellant, and includes unloaded firearms and fire-
29 arms which are inoperable but which can readily be rendered operable.
30 The additional terms provided in this section shall not be imposed unless
31 the fact of displaying, using, threatening, or attempting to use a firearm or
32 other deadly weapon while committing the crime is separately charged in the
33 information or indictment and admitted by the accused or found to be true by
34 the trier of fact at the trial of the substantive crime.; provided, however,
35 that the prosecutor shall give notice to the defendant of intent to seek an
36 enhanced penalty at or before the preliminary hearing or before a waiver of
37 the preliminary hearing, if any.
38 This section shall apply even in those cases where the use of a firearm is
39 an element of the offense.
STATEMENT OF PURPOSE
RS 15624
The purpose of this legislation is to amend Idaho Code 19-2520
Extended Sentence for Use of a Firearm or Deadly Weapon.
Currently, the statute requires the prosecutor give notice to the
defendant of intent to seek an enhanced penalty at or before the
preliminary hearing or before a waiver of the preliminary hearing.
This amendment would remove the notice requirement to create
consistency among Idaho's enhanced penalty statutes.
The current requirement for notice of intent to seek the enhanced
penalty is silent regarding cases charged by Grand Jury Indictment,
and thus results in confusion and increased litigation in some
criminal cases.
Idaho Code 19-2520 permits an extended sentence of fifteen (15)
years upon conviction for one of twenty-one (21) qualifying
offenses if the person displayed, used, threatened, or attempted to
use a firearm or other deadly weapon while committing or attempting
to commit the crime.
The requirement that the prosecutor file notice of intent to seek
the "firearm enhanced penalty" is absent from other Idaho enhanced
penalty statutes, such as: I.C. 19-2520B Infliction of Great
Bodily Injury Extension of Prison Term; I.C. 19-2520C Extension
of Prison Terms for Repeated Sex Offenses, Extortion and
Kidnapping; I.C. 37-2739 Extended Sentence for Second or
Subsequent Offenses under the Uniform Controlled Substance Act; and
I.C. 19-2514 Persistent Violator.
With this amendment, the prosecutor will still be required to
separately charge and prove beyond a reasonable doubt the fact of
displaying, using, threatening, or attempting to use a firearm in
the commission of a crime. Therefore, notice to the accused of the
potential extended sentence will continue to be provided, due
process will be protected, and consistency among Idaho's enhanced
penalty statutes will be created.
FISCAL NOTE
This bill will have no impact to the general fund.
Contact
Name: Heather Reilly, Idaho Prosecuting Attorneys Association
Phone: 208-287-7700
STATEMENT OF PURPOSE/FISCAL NOTE S 1297