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H0709aa....................................................by STATE AFFAIRS DEAD BODIES - LAW ENFORCEMENT - Amends existing law relating to the reporting of deaths to require notification of certain officials. 02/21 House intro - 1st rdg - to printing 02/22 Rpt prt - to Jud 03/02 Rpt out - to Gen Ord 03/07 Ret'd to Jud 03/08 Rpt out - to Gen Ord Rpt out amen - to engros 03/09 Rpt engros - 1st rdg - to 2nd rdg as amen 03/10 2nd rdg - to 3rd rdg as amen 03/13 3rd rdg as amen - PASSED - 65-1-4 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood NAYS -- Loertscher Absent and excused -- Black, Block, Crow, Mr. Speaker Floor Sponsor - Shirley Title apvd - to Senate 03/14 Senate intro - 1st rdg - to Health/Wel 03/16 Rpt out - rec d/p - to 2nd rdg 03/17 2nd rdg - to 3rd rdg 03/21 3rd rdg - PASSED - 33-0-2 AYES -- Brandt, Broadsword, Bunderson, Burkett, 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 -- Andreason, Burtenshaw Floor Sponsor - Hill Title apvd - to House 03/22 To enrol 03/23 Rpt enrol - Sp signed 03/24 Pres signed - To Governor 03/30 Governor signed Session Law Chapter 239 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 709 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO REPORTING OF DEATHS; AMENDING SECTION 19-4301A, IDAHO CODE, TO 3 REQUIRE PERSONS FINDING CERTAIN BODIES TO NOTIFY LAW ENFORCEMENT, TO 4 REQUIRE LAW ENFORCEMENT TO NOTIFY THE CORONER, TO MAKE A GRAMMATICAL 5 CHANGE AND TO PROVIDE PENALTIES. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 19-4301A, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 19-4301A. DEATHS TO BE REPORTED TO LAW ENFORCEMENT OFFICIALS AND CORONER. 10 (1) Where any death occurs whichiswould be subject to investigation by the 11 coroner under section 19-4301(1), Idaho Code, the person who finds or has cus- 12 tody of the body shall promptly notify a law enforcement officer or agency, 13 which shall notify the coroner.who shall notify the appropriate law enforce-14ment agency.Pending arrival ofthea law enforcement officers, the person 15 finding or having custody of the body shall take reasonable precautions to 16 preserve the body and body fluids and the scene of the event shall not be dis- 17 turbed by anyone until authorization is given by the law enforcement officer 18 conducting the investigation. 19 (2) Except as otherwise provided in subsection (3) of this section, any 20 person who fails to notify law enforcement pursuant to subsection (1) of this 21 section shall be guilty of a misdemeanor and shall be punished by up to one 22 (1) year in the county jail or by a fine not to exceed one thousand dollars 23 ($1,000), or by both such imprisonment and fine. 24 (3) Any person who pleads guilty to or is found guilty of a second or 25 subsequent violation of this section, or any substantially conforming foreign 26 criminal violation, notwithstanding the form of the judgment(s) or withheld 27 judgment(s), shall be guilty of a felony.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Shirley Seconded by Wills IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 709 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, delete lines 12 through 14 and insert: 3 "tody of the body shall promptly notify either the coroner, who shall notify 4 the appropriate law enforcement agency, or a law enforcement officer or 5 agency, which shall notify the coroner. Pending arrival ofthea law enforce- 6 ment officers, the person"; in line 20, following "notify" insert: "the coro- 7 ner or"; and delete lines 24 through 27 and insert: 8 "(3) Any person who, with the intent to prevent discovery of the manner 9 of death, fails to notify or delays notification to the coroner or law 10 enforcement pursuant to subsection (1) of this section, shall be guilty of a 11 felony and shall be punished by imprisonment in the state prison for a term 12 not to exceed ten (10) years or by a fine not to exceed fifty thousand dollars 13 ($50,000) or by both such fine and imprisonment.". 14 CORRECTION TO TITLE 15 On page 1, delete lines 3 and 4 and insert: "REQUIRE NOTIFICATION TO CER- 16 TAIN OFFICIALS, TO MAKE A GRAMMATICAL".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 709, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO REPORTING OF DEATHS; AMENDING SECTION 19-4301A, IDAHO CODE, TO 3 REQUIRE NOTIFICATION TO CERTAIN OFFICIALS, TO MAKE A GRAMMATICAL CHANGE 4 AND TO PROVIDE PENALTIES. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 19-4301A, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 19-4301A. DEATHS TO BE REPORTED TO LAW ENFORCEMENT OFFICIALS AND CORONER. 9 (1) Where any death occurs whichiswould be subject to investigation by the 10 coroner under section 19-4301(1), Idaho Code, the person who finds or has cus- 11 tody of the body shall promptly notify either the coroner, who shall notify 12 the appropriate law enforcement agency, or a law enforcement officer or 13 agency, which shall notify the coroner. Pending arrival ofthea law enforce- 14 ment officers, the person finding or having custody of the body shall take 15 reasonable precautions to preserve the body and body fluids and the scene of 16 the event shall not be disturbed by anyone until authorization is given by the 17 law enforcement officer conducting the investigation. 18 (2) Except as otherwise provided in subsection (3) of this section, any 19 person who fails to notify the coroner or law enforcement pursuant to subsec- 20 tion (1) of this section shall be guilty of a misdemeanor and shall be pun- 21 ished by up to one (1) year in the county jail or by a fine not to exceed one 22 thousand dollars ($1,000), or by both such imprisonment and fine. 23 (3) Any person who, with the intent to prevent discovery of the manner of 24 death, fails to notify or delays notification to the coroner or law enforce- 25 ment pursuant to subsection (1) of this section, shall be guilty of a felony 26 and shall be punished by imprisonment in the state prison for a term not to 27 exceed ten (10) years or by a fine not to exceed fifty thousand dollars 28 ($50,000) or by both such fine and imprisonment.
STATEMENT OF PURPOSE RS 16085 Current Idaho law requires the reporting of deaths to appropriate officials, however, there is no penalty given for failure to do so. The purpose of this legislation is to provide penalties that may be used for punishment of individuals who fail to report deaths as prescribed by law. FISCAL NOTE There is no fiscal impact upon the General Fund. Contact Names: Representative Mack Shirley Senator Brent Hill Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 709