SENATE BILL NO. 1065

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Bill Status



S1065................................................by JUDICIARY AND RULES
INJURY TO CHILDREN - Amends existing law relating to injury to children to
define the term "willfully."
                                                                        
01/27    Senate intro - 1st rdg - to printing
01/28    Rpt prt - to Jud
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/21    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Corder, Darrington, Davis, Gannon,
      Geddes, Hill, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
      Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Compton, Goedde, Jorgenson
    Floor Sponsor - Darrington
    Title apvd - to House
02/22    House intro - 1st rdg - to Jud
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 44-25-1
      AYES -- Barraclough, Bastian, Bell, Bilbao, Black, Block, Boe,
      Bradford, Cannon, Chadderdon, Clark, Deal, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Henbest, Henderson, Jaquet,
      Jones, LeFavour, McGeachin, Miller, Mitchell, Nielsen, Pasley-Stuart,
      Pence, Ring, Ringo, Roberts, Rusche, Sayler, Shepherd(2), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills
      NAYS -- Anderson, Andrus, Barrett, Bayer, Bedke, Bolz, Collins, Crow,
      Denney, Hart(Jacobson), Harwood, Kemp, Lake, Loertscher, Mathews,
      McKague, Moyle, Nonini, Raybould, Rydalch, Sali, Schaefer,
      Shepherd(8), Wood, Mr. Speaker
      Absent and excused -- Martinez
    Floor Sponsor - Smith(24)
    Title apvd
    Held for reconsideration
    Motion to Reconsider - FAILED
    Ret'd to Senate
03/16    To enrol
03/17    Rpt enrol - Pres signed
03/18    Sp signed
03/21    To Governor
03/25    Governor signed
         Session Law Chapter 151
         Effective: 03/25/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1065
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INJURY TO CHILDREN;  AMENDING  SECTION  18-1501,  IDAHO  CODE,  TO
  3        DEFINE  THE  TERM  "WILLFULLY"  AND  TO  MAKE  A TECHNICAL CORRECTION; AND
  4        DECLARING AN EMERGENCY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 18-1501, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        18-1501.  INJURY  TO  CHILDREN. (1) Any person who, under circumstances or
  9    conditions likely to produce great bodily harm or death, willfully  causes  or
 10    permits  any  child to suffer, or inflicts thereon unjustifiable physical pain
 11    or mental suffering, or having the care or custody  of  any  child,  willfully
 12    causes  or  permits the person or health of such child to be injured, or will-
 13    fully causes or permits such child to be placed in  such  situation  that  its
 14    person  or  health  is endangered, is punishable by imprisonment in the county
 15    jail not exceeding one (1) year, or in the state prison for not less than  one
 16    (1) year nor more than ten (10) years.
 17        (2)  Any  person  who,  under circumstances or conditions other than those
 18    likely to produce great bodily harm or death, willfully causes or permits  any
 19    child  to  suffer,  or  inflicts thereon unjustifiable physical pain or mental
 20    suffering, or having the care or custody of any  child,  willfully  causes  or
 21    permits  the person or health of such child to be injured, or willfully causes
 22    or permits such child to be placed in such situation that its person or health
 23    may be endangered, is guilty of a misdemeanor.
 24        (3)  A person over the age of eighteen (18) years  commits  the  crime  of
 25    injury  to a child if the person transports a minor in a motor vehicle or ves-
 26    sel as defined in section 67-7003, Idaho Code, while under  the  influence  of
 27    alcohol,  intoxicating  liquor,  a  controlled  substance,  or any combination
 28    thereof, in violation of section 18-8004 or 67-7034, Idaho  Code.  Any  person
 29    convicted  of violating this subsection is guilty of a misdemeanor. If a child
 30    suffers bodily injury or death due to a  violation  of  this  subsection,  the
 31    violation  will  constitute  a  felony punishable by imprisonment for not more
 32    than ten (10) years, unless a more severe penalty is otherwise  prescribed  by
 33    law.
 34        (4)  The practice of a parent or guardian who chooses for his child treat-
 35    ment  by  prayer  or  spiritual means alone shall not for that reason alone be
 36    construed to have violated the duty of care to such child.
 37        (5)  As used in this section, "willfully" means acting or failing  to  act
 38    where  a  reasonable  person would know the act or failure to act is likely to
 39    result in injury or harm or is likely to endanger the person,  health,  safety
 40    or well-being of the child.
                                                                        
 41        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 42    declared to exist, this act shall be in full force and effect on and after its
                                                                        
                                           2
                                                                        
  1    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14688
                                
The purpose of this legislation is to amend Idaho's Injury to Children
statute, I.C. 18-1501, to clarify that the mental state necessary for a
conviction is one of "general intent".  For purposes of this statute, the
amendment defines willfully in a manner that is consistent with the current
language and purpose of the Injury to Children code section.  

This amendment is necessary in light of recent Idaho Appellate Court decisions
requiring prosecutors to establish a higher burden proof on the mental state
element for a prosecution pursuant to the Injury to Children statute.  This
higher burden of proof was never intended by the Legislature. 
 
This amendment is intended to clarify that a conviction for Injury to Children
does not require a higher level of proof than that which is required for
injuring any other person by virtue of a Battery, I.C. 18-903, or Aggravated
Battery, I.C. 18-907, which require proof of "general intent".   

The Supreme Court of Idaho's decision in State v. Young, 138 Idaho 370, 64
P.3d 296 (2002), requires the state to prove "specific intent" which requires
a showing that not only a person acted or failed to act but also that the act
or failure to act was done with knowledge that it would cause unnecessary
suffering or unjustifiable physical pain.  As opposed to a general intent
requirement of proof that an act or failure to act was "unjustified",
"willful" or purposeful and committed "under circumstances or conditions
likely to produce great bodily harm or death" as was intended by the
Legislature.

The Court of Appeal's also applied this ruling to the "endangerment" clause of
I.C. 18-1501 in State v. Halbesleben, 139 Idaho 165, 75 P.3d 219 (Ct. App.
2003).  This decision requires the state to prove a person willfully or
purposefully placed a child in a particular situation and that the defendant
knew the situation into which the child was placed would endanger the person
or health of the child.

This amendment clarifies that the intent requirement for Injury to Children is
general intent consistent with that required for proving battery or other
similar offenses.  

The proposed legislation also includes an emergency clause.


                          FISCAL NOTE

The fiscal impact is neutral.

                                 
Contact
Name:   Heather Reilly, Ada County Prosecuting Attorney's Office 
Phone:  287-7700


STATEMENT OF PURPOSE/FISCAL NOTE                               S 1065