Loading chat...

ID S1151

Bill

Status

Passed

4/3/2013

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2013 Regular Session

AI Summary

  • Allows defendants discharged from probation to petition sentencing court to reduce felony convictions to misdemeanors, with prosecuting attorney stipulation required if less than 5 years have elapsed since discharge.

  • After 5 or more years from probation discharge, defendants convicted of specified serious crimes (murder, robbery, kidnapping, trafficking, etc.) may petition for reduction only with prosecuting attorney stipulation.

  • Court may grant reduction if defendant has no subsequent felony convictions, is not currently charged with any crime, and reduction is compatible with public interest.

  • Amended judgments convert custody of state board of correction to "confinement in a penal facility" for days served prior to suspension and are deemed misdemeanor convictions.

  • Prohibits dismissal or reduction of convictions for offenses requiring sex offender registration under Idaho Code section 18-8304.

Legislative Description

Amends existing law to revise provisions relating to when relief from a felony conviction may be granted and to provide procedures.

CRIMINAL PROCEDURE

Last Action

Signed by Governor on 04/03/13 Session Law Chapter 256 Effective: 07/01/13

4/3/2013

Committee Referrals

Judiciary and Rules3/7/2013

Full Bill Text

No bill text available