2007 Legislation
Print Friendly

SENATE BILL NO. 1066 – Manslaughter, definition


View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status

S1066................................................by JUDICIARY AND RULES
MANSLAUGHTER - Amends existing law to revise the definition for involuntary
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

Bill Text

  ]]]]              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
  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 / Fiscal Impact

                    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