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S1422aa..............................................by JUDICIARY AND RULES
DEATH PENALTY - Amends existing law to provide that the prosecuting
attorney file notice to seek the death penalty within sixty days after
entry of a defendant's plea; and to provide for extension of time for
filing of notice.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Jud
02/19 Rpt out - to 14th Ord
02/21 Rpt out amen - to engros
02/22 Rpt engros - 1st rdg - to 2nd rdg as amen
02/25 2nd rdg - to 3rd rdg as amen
02/26 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Jorgenson
Floor Sponsor - Darrington
Title apvd - to House
02/27 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 68-0-2
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, Henbest, Henderson, Jaquet, Killen, King, Kren, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Labrador, Roberts
Floor Sponsor - LeFavour
Title apvd - to Senate
03/20 To enrol - Rpt enrol - Pres signed
03/21 Sp signed
03/24 To Governor
03/28 Governor signed
Session Law Chapter 300
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1422 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CRIMES AND PUNISHMENTS; AMENDING SECTION 18-4004A, IDAHO CODE, TO 3 PROVIDE THAT THE PROSECUTING ATTORNEY FILE NOTICE TO SEEK THE DEATH PEN- 4 ALTY WITHIN NINETY DAYS AFTER ENTRY OF A DEFENDANT'S PLEA AND TO PROVIDE 5 FOR EXTENSION OF TIME FOR FILING OF NOTICE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-4004A, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-4004A. NOTICE OF INTENT TO SEEK DEATH PENALTY. (1) A sentence of death 10 shall not be imposed unless the prosecuting attorney filed written notice of 11 intent to seek the death penalty with the court and served the notice upon the 12 defendant or his attorney of record no later thanthirtyninety (390) days 13 after entry of a plea. Any notice of intent to seek the death penalty shall 14 include a listing of the statutory aggravating circumstances that the state 15 will rely on in seeking the death penalty. The state may amend its notice upon 16 a showing of good cause at any time prior to trial. A notice of intent to seek 17 the death penalty may be withdrawn at any time prior to the imposition of sen- 18 tence. However, the state and the defendant or his attorney of record may 19 stipulate to extend the time for the filing of the notice of intent to seek 20 the death penalty for a reasonable period of time with notice to the court of 21 the stipulation. 22 (2) In the event that the prosecuting attorney does not file a notice of 23 intent to seek the death penalty or otherwise puts the court on notice that 24 the state does not intend to seek the death penalty, the court shall inform 25 potential jurors at the outset of jury selection that the death penalty is not 26 a sentencing option for the court or the jury.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Davis Seconded by Hill IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1422 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 12, delete "ninety (390)" and 3 insert: "sixty (360)"; in line 18, following "However," insert: "upon a show- 4 ing of good cause, and a stipulation by"; and also in line 18, delete "or" and 5 insert: "and"; and also in line 18, following "record" insert: "the court"; in 6 line 19, delete "stipulate to"; in line 20, delete "with notice to the court 7 of"; and in line 21, delete "the stipulation". 8 CORRECTION TO TITLE 9 On page 1, in line 4, delete "NINETY" and insert: "SIXTY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1422, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CRIMES AND PUNISHMENTS; AMENDING SECTION 18-4004A, IDAHO CODE, TO 3 PROVIDE THAT THE PROSECUTING ATTORNEY FILE NOTICE TO SEEK THE DEATH PEN- 4 ALTY WITHIN SIXTY DAYS AFTER ENTRY OF A DEFENDANT'S PLEA AND TO PROVIDE 5 FOR EXTENSION OF TIME FOR FILING OF NOTICE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-4004A, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-4004A. NOTICE OF INTENT TO SEEK DEATH PENALTY. (1) A sentence of death 10 shall not be imposed unless the prosecuting attorney filed written notice of 11 intent to seek the death penalty with the court and served the notice upon the 12 defendant or his attorney of record no later thanthirtysixty (360) days 13 after entry of a plea. Any notice of intent to seek the death penalty shall 14 include a listing of the statutory aggravating circumstances that the state 15 will rely on in seeking the death penalty. The state may amend its notice upon 16 a showing of good cause at any time prior to trial. A notice of intent to seek 17 the death penalty may be withdrawn at any time prior to the imposition of sen- 18 tence. However, upon a showing of good cause, and a stipulation by the state 19 and the defendant and his attorney of record the court may extend the time for 20 the filing of the notice of intent to seek the death penalty for a reasonable 21 period of time. 22 (2) In the event that the prosecuting attorney does not file a notice of 23 intent to seek the death penalty or otherwise puts the court on notice that 24 the state does not intend to seek the death penalty, the court shall inform 25 potential jurors at the outset of jury selection that the death penalty is not 26 a sentencing option for the court or the jury.
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STATEMENT OF PURPOSE
RS 17837
The purpose of this legislation is to extend the current time
limitation for filing notice of intent to seek the death penalty in
capital cases.
This proposal extends that time limitation from thirty (30)
days to sixty (60) days. In addition, the proposal would in the
alternative allow the state and defense to stipulate or agree to a
different time limitation as deemed reasonable by the court.
The basis for this extension is to allow both the state and
the defense additional time in order to conduct investigations into
aggravating and mitigating circumstances. The purpose of these
investigations is to ascertain whether or not aggravating
circumstances can be proven beyond a reasonable doubt, and further
that the aggravating circumstances are not outweighed by mitigating
circumstances.
FISCAL NOTE
There is no fiscal impact to the state's general fund.
Contact
Name: Heather Reilly
Idaho Prosecuting Attorneys Association
Phone: 208-287-7700
STATEMENT OF PURPOSE/FISCAL NOTE S 1422, as amended
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