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H0579................................by JUDICIARY, RULES AND ADMINISTRATION PEACE OFFICER STANDARDS AND TRAINING COUNCIL - Amends existing law relating to the Peace Officer Standards and Training Council to remove language authorizing the Council to receive applications and disburse moneys for financial assistance; to revise provisions applicable to the council's power to decertify officers; to revise the time period required for reporting certain actions to the council; to set forth provisions applicable to the rejection of applications for certifications; to define "convicted"; and to delete language referencing financial aid. 02/08 House intro - 1st rdg - to printing 02/09 Rpt prt - to Jud 02/14 Rpt out - rec d/p - to 2nd rdg 02/15 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 53-17-0 AYES -- Barraclough, Bastian, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Field(18), Field(23), Garrett, Henbest, Henderson, Jaquet, Kemp, Lake, Loertscher, Mathews, McGeachin, Miller, Mitchell, Nielsen, Nonini, Pence, Raybould, Ring, Roberts, Rusche, Rydalch, Sali(Sali), Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- Anderson, Andrus, Barrett, Bayer, Crow, Eskridge, Hart, Harwood, LeFavour, Martinez, McKague, Moyle, Pasley-Stuart, Ringo, Sayler, Schaefer, Wood Absent and excused -- None Floor Sponsor - Wills Title apvd - to Senate 02/22 Senate intro - 1st rdg - to Jud 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 35-0-0 AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Kelly Title apvd - to House 03/09 To enrol 03/10 Rpt enrol - Sp signed 03/13 Pres signed 03/14 To Governor 03/14 Governor signed Session Law Chapter 47 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 579 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO THE PEACE OFFICER STANDARDS AND TRAINING COUNCIL; AMENDING SECTION 3 19-5109, IDAHO CODE, TO REMOVE LANGUAGE AUTHORIZING THE COUNCIL TO RECEIVE 4 APPLICATIONS AND DISBURSE MONEYS FOR FINANCIAL ASSISTANCE, TO REVISE PRO- 5 VISIONS APPLICABLE TO COUNCIL'S POWER TO DECERTIFY OFFICERS, TO REVISE THE 6 TIME PERIOD REQUIRED FOR REPORTING CERTAIN ACTIONS TO THE COUNCIL, TO SET 7 FORTH PROVISIONS APPLICABLE TO THE REJECTION OF APPLICATIONS FOR CERTIFI- 8 CATION, TO DEFINE "CONVICTED" AND TO MAKE TECHNICAL CORRECTIONS; AND 9 AMENDING SECTION 19-5112, IDAHO CODE, TO DELETE LANGUAGE REFERENCING 10 FINANCIAL AID AND TO MAKE TECHNICAL CORRECTIONS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 19-5109, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 19-5109. POWERS OF THE COUNCIL -- STANDARDS OF TRAINING, EDUCATION AND 15 EMPLOYMENT OF PEACE OFFICERS -- CERTIFICATION -- PENALTIES. (a1) It shall be 16 the duty of and the council shall have the power: 17 (1a) To establish the requirements of minimum basic training which peace 18 officers shall complete in order to be eligible for permanent employment 19 as peace officers, and the time within which such basic training must be 20 completed. One (1) component of minimum basic training shall be a course 21 in the investigation of and collection of evidence in cases involving an 22 allegation of sexual assault or battery. 23 (2b) To establish the requirements of minimum education and training 24 standards for employment as a peace officer in probationary, temporary, 25 part-time, and/or emergency positions. 26 (3c) To establish the length of time a peace officer may serve in a pro- 27 bationary, temporary, and/or emergency position. 28 (4d) To approve, deny approval or revoke the approval of any institution 29 or school established by the state or any political subdivision or any 30 other party for the training of peace officers. 31 (5e) To establish the minimum requirements of courses of study, atten- 32 dance, equipment, facilities of all approved schools, and the scholastic 33 requirement, experience and training of instructors at all approved 34 schools. 35 (6f) To establish such other requirements for employment, retention and 36 promotion of peace officers, including minimum age, physical and mental 37 standards, citizenship, moral character, experience and such other matters 38 as relate to the competence and reliability of peace officers. 39 (7g) To certify peace officers as having completed all requirements 40 established by the council in order to be eligible for permanent employ- 41 ment as peace officers in this state. 42 (8h) To receive and file for record copies of merit regulations or local 43 ordinances passed by any political subdivision. 2 1 (9i) To maintain permanent files and transcripts for all peace officers 2 certified by the council to include any additional courses or advance 3 courses of instruction successfully completed by such peace officers while 4 employed in this state. 5(10) To receive applications for financial assistance from the state and6from political subdivisions and disburse available state funds to the7state and to political subdivisions for salaries and allowable living8expenses or any part thereof, as authorized by the council, incurred while9in attendance at approved training programs and schools. The annual reim-10bursements authorized by this section shall not exceed the funds available11for such purpose and authorized by section 31-3201B, Idaho Code.12 (11j) To allow a peace officer of a federally recognized Indian tribe 13 within the boundaries of this state to attend the peace officer standards 14 and training academy if said peace officer meets minimum physical and edu- 15 cational requirements of the academy. The Indian tribal law enforcement 16 agency shall reimburse the peace officer standards and training academy 17 for the officer's training. Upon satisfactory completion of the peace 18 officer standards and training academy, the tribal peace officer shall 19 receive a certificate of satisfactorily completing the academy. 20 (b2) After January 1, 1974, any peace officer as defined in section 21 19-5101(d), Idaho Code, employed after January 1, 1974, except any elected 22 official or deputy serving civil process, the deputy director of the Idaho 23 state police, or any person serving under a temporary commission with any law 24 enforcement agency in times of natural or man-caused disaster declared to be 25 an emergency by the board of county commissioners or by the governor of the 26 state of Idaho, or those peace officers whose primary duties involve motor 27 vehicle parking and animal control pursuant to city or county ordinance, or 28 any peace officer acting under a special deputy commission from the Idaho 29 state police, shall be certified by the council within one (1) year of employ- 30 ment; provided, however, that the council may establish criteria different 31 than that required of other peace officers for certification of city police 32 chiefs or administrators within state agencies having law enforcement powers, 33 who, because of the number of full-time peace officers they supervise, have 34 duties which are primarily administrative. Any such chief of police or state 35 agency administrator employed in such capacity prior to July 1, 1987, shall be 36 exempt from certification. 37 (c3) No peace officer shall have or exercise any power granted by any 38 statute of this state to peace officers unless such person shall have been 39 certified by the council within one (1) year of the date upon which such per- 40 son commenced employment as a peace officer, except in cases where the coun- 41 cil, for good cause and in writing, has granted additional time to complete 42 such training. The councilmayshall decertify any officer whopleads guilty43orisfound guilty, regardless of the form of judgment or withheld judgment44 convicted of: (1) Anyany felony or offense which would be a felony if com- 45 mitted in this state;. The council may decertify any officer who: 46 (2a) Is convicted of aAny misdemeanor; 47(3) Any unlawful use, possession, sale or delivery of any controlled sub-48stance; or who49 (4b) Willfully or otherwise falsifies or omits any information to obtain 50 any certified status; orwho51 (5c) Violates any of the standards of conduct as established by the 52 council's code of ethics, as adopted and amended by the council. 53 All proceedings taken by the council shall bedoneconducted in accordance 54 with chapter 52, title 67, Idaho Code. 55 (d4) Any law enforcement agency as defined in section 19-5101(c), Idaho 3 1 Code, in which any peace officer shall resign as a result of any disciplinary 2 action or in which a peace officer's employment is terminated as a result of 3 any disciplinary action, shall, withinthirtyfifteen (3015) days of such 4 action, make a report to the council. 5 (e5) The council shall, pursuant to the requirements of this section, 6 establish minimum basic training and certification standards for county deten- 7 tion officers that can be completed within one (1) year of employment as a 8 county detention officer. 9 (f6) The council may, upon recommendation of the juvenile training coun- 10 cil and pursuant to the requirements of this section, implement minimum basic 11 training and certification standards for juvenile detention officers and for 12 juvenile probation officers. 13 (g7) The council may, upon recommendation of the correction standards and 14 training counsel, and pursuant to the requirements of this section, establish 15 minimum basic training and certification standards for state correction offi- 16 cers and for adult probation and parole officers. 17 (8) The council may reject any applicant for certification who has been 18 convicted of a misdemeanor, and the council shall reject an applicant for cer- 19 tification who has been convicted of a felony, the punishment for which could 20 have been imprisonment in a federal or state penal institution. 21 (9) As used in this section, "convicted" means a plea or finding of 22 guilt, notwithstanding the form of judgment or withheld judgment, regardless 23 of whether the sentence is imposed, suspended, deferred or withheld, and 24 regardless of whether the plea or conviction is set aside or withdrawn or the 25 case is dismissed or reduced under section 19-2604, Idaho Code, or any other 26 comparable statute or procedure where the setting aside of the plea or convic- 27 tion, or dismissal or reduction of the case or charge, is based upon lenity or 28 the furtherance of rehabilitation rather than upon any defect in the legality 29 or factual basis of the plea, finding of guilt or conviction. 30 SECTION 2. That Section 19-5112, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 19-5112. AGREEMENT BY OFFICER TO SERVE -- VIOLATIONS. (a1) Any peace 33 officer attending such schools or programsor directly or indirectly receiving34the aid authorized by section 19-5109, Idaho Code,shall execute an agreement 35 whereby said officer promises to remain within the law enforcement profession 36 in the state of Idaho in a position approved by rules and regulations of the 37 council for two (2) years following graduation, subject only to such disquali- 38 fications as established by the council and included within the agreement. 39 (b2) Violation of the provisions of this section or the terms of any con- 40 tract or agreement entered into pursuant to such section shall give rise to a 41 civil action which may be commenced by the council for and on behalf of the 42 state of Idaho for restitution of any and all sums paid by the council plus 43 costs and reasonable attorney's fees.
STATEMENT OF PURPOSE RS 15667C1 The purpose of this bill is to clarify that individuals who have pled guilty to or have been found guilty of a felony cannot be certified as peace officers in this state, irrespective of the fact that the felon's civil rights have been restored after serving a probationary period. The POST Council also will have the ability to deny certification to misdemeanants on a case by case basis. The bill also deletes obsolete language in the current law regarding financial assistance to POST Academy students. FISCAL IMPACT There will be no impact on the general fund of the state as a result of this bill. CONTACT: Michael J. Kane, Idaho Sheriffs Association Phone: 342-4545 STATEMENT OF PURPOSE/FISCAL NOTE H 579