House Bill H0063

2015 Freedom Index Score: (-1)

Analyst: Parrish Miller
Date of analysis: February 3, 2015

ANALYST'S NOTE: Under current law, when a defendant fails to appear in court, a bench warrant is
issued which includes a bail amount on the warrant. This allows the defendant to post bail if they are
arrested. House Bill 063 would allow courts to issue bench warrants without setting bail. This change will
serve to keep individuals locked up where currently they are able to post bail and be released.
The justification for this bill as stated in the bill's statement of purpose is that a defendant who does not
show up for their trial could potentially post bail and again fail to appear. This is most likely to occur for
small crimes where the initial crime did not require bail, however, as few bail agencies will lend to
someone who has already jumped bail. Aside from the practical reasons why this change is unnecessary,
the change in the law is not limited to such occurrences, but allows a court to deny baileven for
bailable offensesfor any reason, or even for no reason. This is a broadening of government power
which strikes at a very fundamental and long-standing element of western justicethe right to post a
bond and be freed from incarceration pending trial.

Point No. 10 Does it directly or indirectly create or increase penalties for victimless crimes or nonrestorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for
victimless crimes or non-restorative penalties for non-violent crimes?
ANALYSIS: House Bill 063 strips language from Idaho Code 19-1507 which requires that bail be
set when a bench warrant is issued for a bailable offense, and allows that "the court issuing the
warrant, in its discretion, may set bail..." (-1)