2006 Legislation
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SENATE BILL NO. 1302 – Death sentence, judicial review


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Bill Status

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

Bill Text

  ]]]]              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
  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:
  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 / Fiscal Impact

                      STATEMENT OF PURPOSE

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.

Name: William A. von Tagen and LaMont Anderson
Office of the Attorney General 
Phone: 334-4140
STATEMENT OF PURPOSE / FISCAL NOTE                       S 1302