SENATE BILL 1024
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.
| 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 |