2007 Legislation
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HOUSE BILL NO. 127 – Bail, conditions imposed

HOUSE BILL NO. 127

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Bill Status



H0127................................by JUDICIARY, RULES AND ADMINISTRATION
BAIL - Amends existing law relating to bail to authorize the court to
impose certain conditions for persons admitted to bail or released upon
their own recognizance; and to provide that a person may be ordered to bear
the costs of such conditions.
                                                                        
02/08    House intro - 1st rdg - to printing
02/09    Rpt prt - to Jud
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Raybould, Ring, Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Roberts
    Floor Sponsor - Labrador
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Jud
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Richardson
    Title apvd - to House
03/12    To enrol
03/13    Rpt enrol - Sp signed
03/14    Pres signed - To Governor
03/15    Governor signed
         Session Law Chapter 84
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 127
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BAIL; AMENDING SECTION 19-2904, IDAHO CODE, TO AUTHORIZE THE COURT
  3        TO IMPOSE CERTAIN CONDITIONS FOR PERSONS ADMITTED TO BAIL OR RELEASED UPON
  4        THEIR OWN RECOGNIZANCE AND TO PROVIDE THAT A PERSON MAY BE ORDERED TO BEAR
  5        THE COSTS OF SUCH CONDITIONS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 19-2904, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        19-2904.  ADMITTANCE  TO  BAIL BEFORE CONVICTION. If the charge is for any
 10    other offense, he may be admitted to bail before conviction, as  a  matter  of
 11    right.  If  a  person  is  admitted  to bail or released upon the person's own
 12    recognizance, the court making such determination may impose  such  reasonable
 13    terms,  conditions  and prohibitions as the court finds necessary in the exer-
 14    cise of its discretion, including  electronic  or  global  positioning  system
 15    tracking,  monitoring  and  detention. The court may order a person subject to
 16    such conditions to bear the costs  of  the  conditions  at  the  person's  own
 17    expense.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                           RS 16807
                               
                               
                               
 The purpose of this bill is to clarify that courts have
 the authority in setting bail to set conditions of the bail,
 including home detention, electronic monitoring, and global
 positioning system tracking, and to give courts the option to
 require the person seeking bail or recognizance to bear the
 cost of such monitoring.
 
 
 
 
 
                         FISCAL IMPACT
                               
 There will be no impact on the general fund of the state
 as a result of this bill.
 
 
 
 CONTACT:   Michael J. Kane, Idaho Sheriffs Association 
            Phone: 342-4545
 
 
 
                                                   
 STATEMENT OF PURPOSE/FISCAL NOTE                       H 127