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S1066................................................by JUDICIARY AND RULES
MANSLAUGHTER - Amends existing law to revise the definition for involuntary
manslaughter.
01/30 Senate intro - 1st rdg - to printing
01/31 Rpt prt - to Jud
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Lodge,
Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder,
Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon, Little
Floor Sponsor - Jorgenson
Title apvd - to House
02/15 House intro - 1st rdg - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 70-0-0
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, Roberts, 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 -- None
Floor Sponsor - LeFavour
Title apvd - to Senate
02/28 To enrol
03/01 Rpt enrol - Pres signed
03/02 Sp signed
03/05 To Governor
03/08 Governor signed
Session Law Chapter 43
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1066
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO MANSLAUGHTER; AMENDING SECTION 18-4006, IDAHO CODE, TO REVISE THE
3 DEFINITION FOR INVOLUNTARY MANSLAUGHTER AND TO MAKE TECHNICAL CORRECTIONS.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 18-4006, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 18-4006. MANSLAUGHTER DEFINED. Manslaughter is the unlawful killing of a
8 human being including, but not limited to, a human embryo or fetus, without
9 malice. It is of three (3) kinds:
10 1. Voluntary -- upon a sudden quarrel or heat of passion.
11 2. Involuntary -- in the perpetration of or attempt to perpetrate any
12 unlawful act, other than arson, rape, robbery, kidnapping, burglary, or mayhem
13 those acts specified in section 18-4003(d), Idaho Code; or in the commission
14 of a lawful act which might produce death, in an unlawful manner, or without
15 due caution and circumspection; or in the operation of any firearm or deadly
16 weapon in a reckless, careless or negligent manner which produces death.
17 3. Vehicular -- in which the operation of a motor vehicle is a signifi-
18 cant cause contributing to the death because of:
19 (a) tThe commission of an unlawful act, not amounting to a felony, with
20 gross negligence; or
21 (b) tThe commission of a violation of section 18-8004 or 18-8006, Idaho
22 Code; or
23 (c) tThe commission of an unlawful act, not amounting to a felony, with-
24 out gross negligence.
25 Notwithstanding any other provision of law, any evidence of conviction
26 under subsection 3.(b) shall be admissible in any civil action for damages
27 resulting from the occurrence. A conviction for the purposes of subsection
28 3.(b) means that the person has pled guilty or has been found guilty, notwith-
29 standing the form of the judgment(s) or withheld judgment(s).
STATEMENT OF PURPOSE
RS 16760
The purpose of this legislation is to amend Idaho's
Involuntary Manslaughter statute under Idaho Code 18-
4006(2) to create consistency between the Involuntary
Manslaughter statute and the "Felony Murder Rule" reflected
in Idaho Code 18-4003(d).
This bill can be termed a "clean-up" bill. The felony
murder rule has been amended several times in the past years
to include additional crimes for which the rule applies.
However, Idaho Code 18-4006(2) Involuntary Manslaughter was
not amended to reflect those same changes. The exceptions
to the involuntary manslaughter statute must mirror the
felony murder rule. Therefore, this legislation will create
consistency between these two statutes.
FISCAL IMPACT
There is no fiscal impact.
Contact: Heather Reilly
Agency: Idaho Prosecuting Attorneys Association
Phone: 287-7700
STATEMENT OF PURPOSE/FISCAL NOTE S 1066