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ID S1151
Bill
Status
4/3/2013
Primary Sponsor
Judiciary and Rules Committee
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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