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S1246................................................by JUDICIARY AND RULES
JURIES - Amends existing law to provide that the jury may not be permitted
to separate after submission of the cause and completion of the special
sentencing proceeding where the defendant has been charged with first
degree murder and the prosecuting attorney has filed, and not withdrawn, a
notice to seek the death penalty.
01/10 Senate intro - 1st rdg - to printing
01/11 Rpt prt - to Jud
01/24 Rpt out - rec d/p - to 2nd rdg
01/25 2nd rdg - to 3rd rdg
01/28 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon, Goedde, Hammond
Floor Sponsor - Richardson
Title apvd - to House
01/29 House intro - 1st rdg - to Jud
02/06 Rpt out - rec d/p - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(35)
NAYS -- None
Absent and excused -- Henbest, Wood(27), Mr. Speaker
Floor Sponsor - Nielsen
Title apvd - to Senate
02/14 To enrol
02/15 Rpt enrol - Pres signed
02/18 Sp signed
02/19 To Governor
02/21 Governor signed
Session Law Chapter 22
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1246 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CUSTODY OF THE JURY DURING TRIAL; AMENDING SECTION 19-2126, IDAHO 3 CODE, TO PROVIDE THAT THE JURY MAY NOT BE PERMITTED TO SEPARATE AFTER SUB- 4 MISSION OF THE CAUSE AND COMPLETION OF THE SPECIAL SENTENCING PROCEEDING 5 WHERE THE DEFENDANT HAS BEEN CHARGED WITH FIRST-DEGREE MURDER AND THE 6 PROSECUTING ATTORNEY HAS FILED, AND NOT WITHDRAWN, A NOTICE TO SEEK THE 7 DEATH PENALTY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 19-2126, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 19-2126. CUSTODY OF JURY DURING TRIAL. The jury sworn to try any felony 12 may, at any time during the trial, and after the submission of the cause, in 13 the discretion of the court, be permitted to separate, or they may be kept 14 together, in the charge of a proper officer. Provided however, that in causes 15 where the defendant has been charged with first-degree murder, and the prose- 16 cuting attorney has filed a notice of intent to seek the death penalty pursu- 17 ant to section 18-4004A, Idaho Code, and such notice has not been withdrawn, 18 the jury may not be permitted to separate after submission of the cause and 19 completion of the special sentencing proceeding held pursuant to section 20 19-2515 or 19-2515A, Idaho Code. Before permitting the jury to separate after 21 the cause has been submitted, the court shall permit counsel to place objec- 22 tions, if any, on the record outside the presence of the jury. In case the 23 court orders the jury to be kept together the county must provide a suitable 24 place for the board and lodging of the jury, at the expense of the county, and 25 when first given custody of the jury the officer or bailiff must be sworn to 26 keep the jury together during each recess and adjournment during the trial; to 27 allow no person to speak to or communicate with them, or any of them, nor to 28 do so himself, on any subject connected with the trial, and to return them 29 into court as ordered by the court.
STATEMENT OF PURPOSE
RS 17448
This bill is one of a series of bills that the Supreme Court
has recommended in its annual report to the Governor concerning
defects or omissions in the laws, as required under article V,
section 25 of the Idaho Constitution. Idaho Code 19-2126
requires a judge to sequester the jury during its deliberations
in a murder trial until the completion of the special sentencing
proceeding in which the jury determines whether the death penalty
should be imposed. This has left judges uncertain of how to
proceed in those cases in which there is to be no special
sentencing proceeding because the state is not seeking the death
penalty. This bill would remove this uncertainty by providing
that a judge is not required to sequester the jury in first-
degree murder cases when the state has not filed a notice of
intent to seek the death penalty or has withdrawn such notice.
FISCAL NOTE
This bill would have no impact on the general Fund.
Contact
Name: Patricia Tobias, Administrative Director of the Courts
Phone: 334-2246
STATEMENT OF PURPOSE/FISCAL NOTE S 1246