Commutations and pardons
COMMUTATIONS AND PARDONS – Amends existing law to revise a provision regarding commutations and pardons for offenses punishable by death or life imprisonment and to provide for conspiracies to commit certain offenses.

RS29959C1 / S1024

The Idaho Supreme Court issued an opinion in Pizzuto v. Idaho that affirms the Governor’s power to review the Commission’s recommendation in commutation and pardon cases involving sentences of death or life in prison. The concurring opinion’s decision reached the same result but based the decision on the reasoning that the Commission does not have authority to commute or pardon these sentences based on the current language in Idaho Code section 20-1016 (2).

This change to Idaho Code clarifies that the Commission has the authority to commute or pardon a sentence of death or life in prison after first presenting a recommendation to the governor, who may approve or reject the recommendation within 30 days. This change is directly related to concerns in the concurring opinion about the Commission’s authority in statute being limited by current language in Idaho Code. There would be no functional change to the Commission or Governor’s processes as a result of this change.

There will be no fiscal impact to the General, dedicated or federal funds due to this legislative idea. The legislation is to clarify authority in the statute.

Bill Events
Date Description
01/26 Introduced; read first time; referred to JR for Printing
01/27 Reported Printed; referred to Judiciary & Rules
01/31 Reported out of Committee with Do Pass Recommendation; Filed for second reading
02/01 Read second time; filed for Third Reading
02/08 Read third time in full – PASSED - 35-0-0
AYES – Adams, Anthon, Bernt, Bjerke, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Grow, Guthrie, Harris, Hart, Hartgen, Herndon, Just, Lakey, Lee, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Schroeder, Semmelroth, Taylor, Toews, Trakel, VanOrden, Ward-Engelking, Winder, Wintrow, Zuiderveld
NAYS – None
Absent and excused – None
Floor Sponsor - Lakey
Title apvd - to House
02/09 Received from the Senate, Filed for First Reading
Read First Time, Referred to Judiciary, Rules & Administration
02/24 Reported out of Committee with Do Pass Recommendation, Filed for Second Reading
02/27 Read second time; Filed for Third Reading
02/28 Read Third Time in Full – PASSED - 69-0-1
AYES – Alfieri, Allgood, Andrus, Barbieri, Berch, Blanksma, Boyle, Bundy, Burns, Cannon, Cheatum, Chew, Clow, Cornilles, Crane(12), Crane(13), Dixon(1), Dixon(24), Durrant, Ehardt, Ehlers, Erickson, Furniss, Galaviz, Gallagher, Gannon, Garner, Green, Handy, Hawkins, Healey, Hill, Holtzclaw, Horman, Kingsley(Crawford), Lambert, Lanting, Manwaring, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Nash, Necochea, Nelsen, Palmer, Petzke, Pickett, Price, Raybould, Raymond, Redman, Roberts, Rubel, Sauter, Scott, Shepherd, Skaug, Tanner, Vander Woude, Weber, Wheeler, Wisniewski, Wroten, Yamamoto, Young, Mr. Speaker
NAYS – None
Absent – Mathias
Floor Sponsor - Dixon(24)
Title apvd - to Senate
03/01 Returned From House Passed; referred to enrolling
03/02 Reported enrolled; signed by President; to House for signature of Speaker
03/03 Received from Senate; Signed by Speaker; Returned to Senate
03/06 Reported signed by the Speaker & ordered delivered to Governor
03/07 Reported delivered to Governor at 12 noon on 03/06/23
03/08 Signed by Governor on 03/07/23
Session Law Chapter 18
Effective: 07/01/2023