STATE APPELLATE PUBLIC DEFENDERS – Repeals existing law to remove obsolete language relating to the Capital Crimes Defense Fund.
Summary
S1248 is a cleanup bill that repeals Idaho Code section 19-5908, which created the Capital Crimes Defense Fund (CCDF). The bill’s stated purpose is to remove an obsolete provision from state law as part of the Idaho Code Cleanup Act and the Legislature’s review of outdated or unnecessary statutes. The CCDF had been used to share the costs of public defense in death-penalty cases, but those costs are now covered by the Office of the State Public Defender as of October 1, 2024.
In practical terms, the bill does not create a new program, change eligibility rules, or alter criminal penalties. Instead, it removes a superseded funding mechanism from the Idaho Code and updates the statutes to reflect current administration of capital-case defense costs. The fiscal note states that the measure has no expected impact on state or local revenues or expenditures because it is deleting obsolete language rather than changing ongoing operations.
Impact
The bill repeals Section 19-5908 of the Idaho Code, eliminating the statutory basis for the Capital Crimes Defense Fund. This updates state law to match current practice, under which the Office of the State Public Defender now covers death-penalty defense costs. The measure primarily affects the organization of state public defense funding and removes a no-longer-used cost-sharing provision, with no anticipated fiscal impact on state or local government.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the Senate 32-0 and the House 65-0, indicating unanimous approval in both chambers. The lack of committee transcript discussion also suggests it was treated as a technical cleanup measure rather than a policy dispute.
Contention
There is little visible contention around S1248. The only substantive issue reflected in the bill materials is whether the Capital Crimes Defense Fund should remain in statute even though its function has been replaced by the Office of the State Public Defender. Supporters characterize the repeal as necessary housekeeping to remove obsolete law, while any possible concern would be limited to preserving historical funding language or ensuring the transition in capital-case defense funding is fully reflected in statute. No recorded opposition appears in the voting history.
Amends, repeals, and adds to existing law to provide for reports to the Legislature to be submitted electronically and to remove obsolete provisions regarding reporting requirements.