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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 - 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.
]]]] 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".
]]]] 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.
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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