TallyIDAHOLegislative Tracker
H01172019 Regular SessionSigned into law

Amends existing law to provide that a fine may be imposed for certain felonies and to provide that a fine may be imposed for the attempt of certain felonies.

CRIME VICTIMS -- Amends existing law to provide that a fine may be imposed for certain felonies and to provide that a fine may be imposed for the attempt of certain felonies.

CRIME VICTIMS

STATEMENT OF PURPOSE

In 1992, Idaho Code § 19-5307 was enacted. It created a special fine up to $5,000 for certain enumerated crimes of violence. This fine is separate from criminal penalties or restitution and is paid to the victim or the victim's family. If recovered from the defendant, often this fine is used to help pay for counseling, therapy or other treatments for the lingering emotional and psychological effects of being a victim of a violent crime. Though this fine works as a civil judgement against the defendant, it does not substitute for any civil action or remedy that may be available to the victim or the victim's family. Idaho Code § 18-306 limits fines for attempts of crimes to one-half the maximum fine that can be imposed for the attempted crime. The Idaho Court of Appeals held that Idaho Code § 18-306 applies to attempts of crimes listed in Idaho Code § 19-5307, so the maximum fine for an attempt of an enumerate crime of violence is $2,500. See Crow v. State, 160 Idaho 201, 203 n.2, 370 P.3d 404, 406 n.2 (2016). This bill adds two violent felonies to the list subject to the fine of up to $5,000: Attempted Strangulation and Felony Domestic Violence. This bills also allows for fines of up to $5,000 for the attempts of two felonies: Murder and Rape.

HOW THEY VOTED

house Chamber· Feb 25, 2019

House Third Reading

✓ Passed
66 Yea
2 Nay
2 absentPassed by 91.43 votes

ABSENT / NOT VOTING (2)

LATEST ACTION

Reported Signed by Governor on March 20, 2019 Session Law Chapter 131 Effective: 07/01/2019

BILL INFO

Session
2019
Chamber
house
Status date
Mar 20, 2019

LINKS

View on Idaho Legislature ↗