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S1179......................................................by STATE AFFAIRS
GANGS - Amends existing law relating to the Idaho Criminal Gang Enforcement
Act to clarify punishments for adults and juveniles.
02/27 Senate intro - 1st rdg - to printing
02/28 Rpt prt - to Jud
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
Rls susp - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, 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 -- Burkett
Floor Sponsor - McGee
Title apvd - to House
03/14 House intro - 1st rdg - to Jud
03/16 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 65-1-4
AYES -- Anderson, Andrus, Barrett, Bayer, 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, Lake, Loertscher,
Luker(Luker), Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, 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 -- LeFavour
Absent and excused -- Bedke, Labrador, Roberts, Ruchti
Floor Sponsor - Bolz
Title apvd - to Senate
03/23 To enrol
03/26 Rpt enrol - Pres signed - Sp signed - To Governor
03/30 Governor signed
Session Law Chapter 316
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1179
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO CRIMINAL GANG ENFORCEMENT ACT; AMENDING SECTION 18-8503,
3 IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE AND TO CLARIFY PUNISHMENTS FOR
4 ADULTS AND JUVENILES.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 18-8503, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 18-8503. EXTENDED SENTENCE PUNISHMENT. (1) A person An adult, or any
9 juvenile waived to adult court pursuant to section 20-508 or 20-509, Idaho
10 Code, who is convicted of any felony or misdemeanor enumerated in section
11 18-8502(3), Idaho Code, that is knowingly committed for the benefit or at the
12 direction of, or in association with, any criminal gang or criminal gang mem-
13 ber, in addition to the punishment provided for the commission of the underly-
14 ing offense, shall be punished as follows:
15 (a) Any person adult, or any juvenile waived to adult court pursuant to
16 section 20-508 or 20-509, Idaho Code, who is convicted of a misdemeanor
17 shall be punished by an additional term of imprisonment in the county jail
18 for not more than one (1) year.
19 (b) Any person adult, or any juvenile waived to adult court pursuant to
20 section 20-508 or 20-509, Idaho Code, who is convicted of a felony shall
21 be punished by an extended term of not more than two (2) years in prison.
22 (c) If the underlying offense described in section 18-8502(3), Idaho
23 Code, is a felony and committed on the grounds of, or within one thousand
24 (1,000) feet of, a public or private elementary, secondary or vocational
25 school during hours when the facility is open for classes or school-
26 related programs or when minors are using the facility, the extended term
27 shall be not less than one (1) year and not more than four (4) years.
28 (2) This section does not create a separate offense but provides an addi-
29 tional penalty for the primary offense, the imposition of which is contingent
30 upon the finding of the prescribed facts.
31 (3) The court shall not impose an extended penalty pursuant to this sec-
32 tion unless:
33 (a) The indictment or information charging the defendant with the primary
34 offense alleges that the primary offense was committed knowingly for the
35 benefit or at the direction of, or in association with, a criminal gang or
36 criminal gang member with the specific intent to promote, further or
37 assist the activities of the criminal gang; and
38 (b) The trier of fact finds the allegation to be true beyond a reasonable
39 doubt.
40 (4) Except in a case of a juvenile who has been waived to adult court
41 pursuant to section 20-508 or 20-509, Idaho Code, tThe imposition or execution
42 of the sentences provided in this section may not be suspended.
43 (5) An extended sentence provided in this section shall run consecutively
2
1 to the sentence provided for the underlying offense.
2 (6) Unless waived to adult court pursuant to section 20-508 or 20-509,
3 Idaho Code, a juvenile who is adjudicated of any felony or misdemeanor enumer-
4 ated in section 18-8502(3), Idaho Code, that is knowingly committed for the
5 benefit or at the direction of, or in association with, any criminal gang or
6 criminal gang member shall be sentenced according to the provisions of section
7 20-520, Idaho Code.
STATEMENT OF PURPOSE
RS 17104
This legislation amends Sections 18-8502 and 18-8503, Idaho Code,
relating to criminal gang enforcement to define the term "person"
and also revises the descriptive language and clarifies
punishments for adults and juveniles.
FISCAL NOTE
There is no fiscal impact to the general fund.
Contact
Name: Senator John McGee
Phone: (208)332-1000 or 208-332-1332
David Hensley, Office of the Governor
(208) 334-2100
STATEMENT OF PURPOSE/FISCAL NOTE S 1179