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H0129................................by JUDICIARY, RULES AND ADMINISTRATION
PRISONERS - ESCAPE - Amends existing law relating to escape of persons
charged or convicted of crimes to clarify that escape includes leaving an
area of restriction as set forth in certain court orders or sentencing
orders; providing an exception for emergency medical care; and to provide
notice.
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 - Harwood
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
03/12 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 - Lodge
Title apvd - to House
03/13 To enrol
03/14 Rpt enrol - Sp signed
03/15 Pres signed - To Governor
03/20 Governor signed
Session Law Chapter 114
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 129
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO ESCAPE OF PERSONS CHARGED WITH OR CONVICTED OF CRIMES; AMENDING
3 SECTIONS 18-2505 AND 18-2506, IDAHO CODE, TO CLARIFY THAT ESCAPE INCLUDES
4 LEAVING AN AREA OF RESTRICTION AS SET FORTH IN CERTAIN COURT ORDERS OR
5 SENTENCING ORDERS, PROVIDING AN EXCEPTION FOR EMERGENCY MEDICAL CARE AND
6 REQUIRING NOTICE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 18-2505, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 18-2505. ESCAPE BY ONE CHARGED WITH, CONVICTED OF, OR ON PROBATION FOR A
11 FELONY -- ESCAPE BY A JUVENILE FROM CUSTODY. (1) Every prisoner charged with,
12 convicted of, or on probation for a felony who is confined in any correctional
13 facility, as defined in section 18-101A, Idaho Code, including any private
14 correctional facility, or who while outside the walls of such correctional
15 facility in the proper custody of any officer or person, or while in any fac-
16 tory, farm or other place without the walls of such correctional facility, who
17 escapes or attempts to escape from such officer or person, or from such cor-
18 rectional facility, or from such factory, farm or other place without the
19 walls of such correctional facility, shall be guilty of a felony, and upon
20 conviction thereof, any such second term of imprisonment shall commence at the
21 time he would otherwise have been discharged. Escape shall be deemed to
22 include abandonment of a job site or work assignment without the permission of
23 an employment supervisor or officer. Escape includes the intentional act of
24 leaving the area of restriction set forth in a court order admitting a person
25 to bail or release on a person's own recognizance with electronic or global
26 positioning system tracking, monitoring and detention or the area of restric-
27 tion set forth in a sentencing order, except for leaving the area of restric-
28 tion for the purpose of obtaining emergency medical care. A person may not be
29 charged with the crime of escape for leaving the aforementioned area of
30 restriction unless the person was notified in writing by the court at the time
31 of setting of bail, release or sentencing of the consequences of violating
32 this section by intentionally leaving the area of restriction.
33 (2) Any person who is charged with, found to have committed, adjudicated
34 for or is on probation for an offense which would be a felony if committed by
35 an adult, and who is confined in a juvenile detention facility or other secure
36 or nonsecure facility for juveniles and who escapes or attempts to escape from
37 the facility or from the lawful custody of any officer or person shall be sub-
38 ject to proceedings under chapter 5, title 20, Idaho Code, for an offense
39 which would be a felony if committed by an adult. If the juvenile is or has
40 been proceeded against as an adult, pursuant to section 20-508 or 20-509,
41 Idaho Code, the person shall be guilty of a felony for a violation of this
42 section and shall be subject to adult criminal proceedings.
2
1 SECTION 2. That Section 18-2506, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 18-2506. ESCAPE BY ONE CHARGED WITH OR CONVICTED OF A MISDEMEANOR --
4 ESCAPE BY A JUVENILE FROM CUSTODY.
5 (1) (a) Every prisoner charged with or convicted of a misdemeanor who is
6 confined in any county jail or other place or who is engaged in any county
7 work outside of such jail or other place, or who is in the lawful custody
8 of any officer or person, who escapes or attempts to escape therefrom, is
9 guilty of a misdemeanor. Escape includes the intentional act of leaving
10 the area of restriction set forth in a court order admitting a person to
11 bail or release on a person's own recognizance with electronic or global
12 positioning system tracking, monitoring and detention or the area of
13 restriction set forth in a sentencing order, except for leaving the area
14 of restriction for the purpose of obtaining emergency medical care. A per-
15 son may not be charged with the crime of escape for leaving the aforemen-
16 tioned area of restriction unless the person was notified in writing by
17 the court at the time of setting of bail, release or sentencing of the
18 consequences of violating this section by intentionally leaving the area
19 of restriction.
20 (b) In cases involving escape or attempted escape by use of threat,
21 intimidation, force, violence, injury to person or property other than
22 that of the prisoner, or wherein the escape or attempted escape was perpe-
23 trated by use or possession of any weapon, tool, instrument or other sub-
24 stance, the prisoner shall be guilty of a felony.
25 (2) Any person who is charged with, found to have committed, adjudicated
26 for or is on probation for an offense which would be a misdemeanor if commit-
27 ted by an adult, and who is confined in a juvenile detention facility or other
28 secure or nonsecure facility for juveniles and who escapes or attempts to
29 escape from the facility or from the lawful custody of an officer or person,
30 shall be subject to proceedings under the provisions of chapter 5, title 20,
31 Idaho Code, for an act which would be a misdemeanor if committed by an adult,
32 or, if the escape or attempted escape was undertaken as provided in subsection
33 (1)(b) of this section, for an offense which would be a felony if committed by
34 an adult. If the juvenile is or has been proceeded against as an adult, pursu-
35 ant to section 20-508 or 20-509, Idaho Code, the person shall be guilty of a
36 misdemeanor, or if subsection (1)(b) of this section applies, of a felony and,
37 in either case, shall be subject to adult criminal proceedings.
STATEMENT OF PURPOSE
RS 16809C1
The purpose of this bill is to clarify that persons on
bail or sentencing orders that intentionally leave the area of
restriction as set forth by a court as part of a home
detention, electronic monitoring, or global positioning system
tracking order, can be charged with the criminal offense of
escape.
FISCAL IMPACT
There will be a slight impact on the general fund of the
state as a result of this bill to the extent that there may be
some additional felony convictions resulting in potential
incarceration.
CONTACT: Michael J. Kane, Idaho Sheriffs Association
Phone: 342-4545
STATEMENT OF PURPOSE/FISCAL NOTE H 129