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S1302................................................by JUDICIARY AND RULES
DEATH SENTENCE - Amends existing law to revise provisions applicable to the
imposition of judicial review of the death penalty.
01/24 Senate intro - 1st rdg - to printing
01/25 Rpt prt - to Jud
02/02 Rpt out - rec d/p - to 2nd rdg
02/03 2nd rdg - to 3rd rdg
02/06 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Goedde
Floor Sponsor - Kelly
Title apvd - to House
02/07 House intro - 1st rdg - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, 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, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood
NAYS -- None
Absent and excused -- Block, Crow, Sali, Mr. Speaker
Floor Sponsor - Smith(24)
Title apvd - to Senate
03/14 To enrol
03/15 Rpt enrol - Pres signed
03/16 Sp signed
03/17 To Governor
03/22 Governor signed
Session Law Chapter 155
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1302
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO DEATH SENTENCES; AMENDING SECTION 19-2827, IDAHO CODE, TO REVISE
3 PROVISIONS APPLICABLE TO THE JUDICIAL REVIEW OF THE IMPOSITION OF THE
4 DEATH PENALTY.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 19-2827, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 19-2827. REVIEW OF DEATH SENTENCES -- PRESERVATION OF RECORDS. (a) When-
9 ever the death penalty is imposed, and upon the judgment becoming final in the
10 trial court, the sentence shall be reviewed on the record by the Supreme
11 Court of Idaho. The clerk of the trial court, within ten (10) days after
12 receiving the transcript, shall transmit the entire record and transcript to
13 the Supreme Court of Idaho and to the attorney general together with a notice
14 prepared by the clerk and, if a jury has been waived for sentencing, a report
15 prepared by the trial judge setting forth the findings required by section
16 19-2515(8)(db), Idaho Code, and such other matters concerning the sentence
17 imposed as may be required by the Supreme Court. The notice shall set forth
18 the title and docket number of the case, the name of the defendant and the
19 name and address of his attorney(s), a narrative statement of the judgment,
20 the offense, and punishment prescribed. The report may be in the form of a
21 standard questionnaire prepared and supplied by the Supreme Court of Idaho.
22 (b) The Supreme Court of Idaho shall consider the punishment as well as
23 any errors enumerated by way of appeal.
24 (c) With regard to the sentence the court shall determine:
25 (1) Whether the sentence of death was imposed under the influence of pas-
26 sion, prejudice, or any other arbitrary factor,; and
27 (2) Whether the evidence supports the jury's or judge's finding of a
28 statutory aggravating circumstance from among those enumerated in section
29 19-2515, Idaho Code., and
30 (3) Whether the sentence of death is excessive.
31 (d) Both the defendant and the state shall have the right to submit
32 briefs within the time provided by the court, and to present oral argument to
33 the court.
34 (e) In addition to its authority regarding correction of errors, the
35 court, with regard to review of death sentences, shall be authorized to:
36 (1) Affirm the sentence of death; or
37 (2) Set the sentence aside and remand the case for resentencing by a jury
38 or, if waived, the trial judge. based on the record and argument of coun-
39 sel.
40 (f) The sentence review shall be in addition to direct appeal, if taken,
41 and the review and appeal shall be consolidated for consideration.
42 (g) The Supreme Court shall collect and preserve the records of all cases
43 in which the penalty of death was imposed from and including the year 1975.
STATEMENT OF PURPOSE
RS15530
This legislation amends Idaho Code 19-2827 and the conditions
under which a report is to be prepared by a trial judge setting
forth findings required by Idaho Code 19-2515(8)(b). As a
result of the U.S. Supreme Court decision in Ring v. Arizona, 536
US 584 (2002), judges no longer make the determination as to
whether the death penalty is appropriate. Since judges no longer
make this determination, the report required is no longer
necessary, except in cases where both parties have waived the
jury for sentencing.
The second part of this legislation deals with the finding of
whether the sentence of death is excessive. This is in response
to the elimination of certain language from Idaho Code 19-
2827(c)(3) by the 1994 legislature and a subsequent ruling by the
Idaho Supreme Court in State v. Fields, 127 Idaho 904 (1995),
where the Supreme Court concluded, "The elimination of this
language has rendered the term excessive' as used in I.C. 19-
2827(c)(3) meaningless."
Both of these changes are an attempt to bring Idaho statutes into
conformity with court rulings concerning the death penalty.
FISCAL NOTE
This bill has no fiscal impact.
Contact
Name: William A. von Tagen and LaMont Anderson
Office of the Attorney General
Phone: 334-4140
STATEMENT OF PURPOSE / FISCAL NOTE S 1302