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H0249................................by JUDICIARY, RULES AND ADMINISTRATION
SEXUAL ASSAULT EVIDENCE COURSE - POST - Amends existing law to require a
POST course in investigation of allegations of sexual assault or battery.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 64-0-6
AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Mader,
Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smylie, Stevenson, Stone, Tilman, Trail,
Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Jones, Loertscher, Smith, Swan, Wheeler
Floor Sponsors -- Field(13) & Henbest
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Jud
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS -- None
Absent and excused -- Williams
Floor Sponsor -- Richardson
Title apvd - to House
03/19 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - to Governor
03/23 Governor signed
Session Law Chapter 143
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 249
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE PEACE OFFICERS TRAINING AND STANDARDS COUNCIL; AMENDING SEC-
3 TION 19-5109, IDAHO CODE, TO REQUIRE A COURSE IN INVESTIGATION OF ALLEGA-
4 TIONS OF SEXUAL ASSAULT OR BATTERY.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 19-5109, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 19-5109. POWERS OF THE COUNCIL -- STANDARDS OF TRAINING, EDUCATION AND
9 EMPLOYMENT OF PEACE OFFICERS -- CERTIFICATION -- PENALTIES. (a) It shall be
10 the duty of and the council shall have the power:
11 (1) To establish the requirements of minimum basic training which peace
12 officers shall complete in order to be eligible for permanent employment
13 as peace officers, and the time within which such basic training must be
14 completed. One (1) component of minimum basic training shall be a course
15 in the investigation of and collection of evidence in cases involving an
16 allegation of sexual assault or battery.
17 (2) To establish the requirements of minimum education and training stan-
18 dards for employment as a peace officer in probationary, temporary, part-
19 time, and/or emergency positions.
20 (3) To establish the length of time a peace officer may serve in a proba-
21 tionary, temporary, and/or emergency position.
22 (4) To approve, deny approval or revoke the approval of any institution
23 or school established by the state or any political subdivision or any
24 other party for the training of peace officers.
25 (5) To establish the minimum requirements of courses of study, atten-
26 dance, equipment, facilities of all approved schools, and the scholastic
27 requirement, experience and training of instructors at all approved
28 schools.
29 (6) To establish such other requirements for employment, retention and
30 promotion of peace officers, including minimum age, physical and mental
31 standards, citizenship, moral character, experience and such other matters
32 as relate to the competence and reliability of peace officers.
33 (7) To certify peace officers as having completed all requirements estab-
34 lished by the council in order to be eligible for permanent employment as
35 peace officers in this state.
36 (8) To receive and file for record copies of merit regulations or local
37 ordinances passed by any political subdivision.
38 (9) To maintain permanent files and transcripts for all peace officers
39 certified by the council to include any additional courses or advance
40 courses of instruction successfully completed by such peace officers while
41 employed in this state.
42 (10) To receive applications for financial assistance from the state and
43 from political subdivisions and disburse available state funds to the
2
1 state and to political subdivisions for salaries and allowable living
2 expenses or any part thereof, as authorized by the council, incurred while
3 in attendance at approved training programs and schools. The annual reim-
4 bursements authorized by this section shall not exceed the funds available
5 for such purpose and authorized by section 31-3201B, Idaho Code.
6 (11) To allow a peace officer of a federally recognized Indian tribe
7 within the boundaries of this state to attend the peace officer standards
8 and training academy if said peace officer meets minimum physical and edu-
9 cational requirements of the academy. The Indian tribal law enforcement
10 agency shall reimburse the peace officer standards and training academy
11 for the officer's training. Upon satisfactory completion of the peace
12 officer standards and training academy, the tribal peace officer shall
13 receive a certificate of satisfactorily completing the academy.
14 (b) After January 1, 1974, any peace officer as defined in section
15 19-5101(d), Idaho Code, employed after January 1, 1974, except any elected
16 official or deputy serving civil process, the deputy director of the Idaho
17 state police, or any person serving under a temporary commission with any law
18 enforcement agency in times of natural or man-caused disaster declared to be
19 an emergency by the board of county commissioners or by the governor of the
20 state of Idaho, or those peace officers whose primary duties involve motor
21 vehicle parking and animal control pursuant to city or county ordinance, or
22 any peace officer acting under a special deputy commission from the Idaho
23 state police, shall be certified by the council within one (1) year of employ-
24 ment; provided, however, that the council may establish criteria different
25 than that required of other peace officers for certification of city police
26 chiefs or administrators within state agencies having law enforcement powers,
27 who, because of the number of full-time peace officers they supervise, have
28 duties which are primarily administrative. Any such chief of police or state
29 agency administrator employed in such capacity prior to July 1, 1987, shall be
30 exempt from certification.
31 (c) No peace officer shall have or exercise any power granted by any
32 statute of this state to peace officers unless such person shall have been
33 certified by the council within one (1) year of the date upon which such per-
34 son commenced employment as a peace officer, except in cases where the coun-
35 cil, for good cause and in writing, has granted additional time to complete
36 such training. The council may decertify any officer who pleads guilty or is
37 found guilty, regardless of the form of judgment or withheld judgment of:
38 (1) Any felony or offense which would be a felony if committed in this
39 state;
40 (2) Any misdemeanor;
41 (3) Any unlawful use, possession, sale or delivery of any controlled sub-
42 stance; or who
43 (4) Willfully or otherwise falsifies or omits any information to obtain
44 any certified status; or who
45 (5) Violates any of the standards of conduct as established by the
46 council's code of ethics, as adopted and amended by the council.
47 All proceedings taken by the council shall be done in accordance with
48 chapter 52, title 67, Idaho Code.
49 (d) Any law enforcement agency as defined in section 19-5101(c), Idaho
50 Code, in which any peace officer shall resign as a result of any disciplinary
51 action or in which a peace officer's employment is terminated as a result of
52 any disciplinary action, shall, within thirty (30) days of such action, make a
53 report to the council.
54 (e) The council shall, pursuant to the requirements of this section,
55 establish minimum basic training and certification standards for county deten-
3
1 tion officers that can be completed within one (1) year of employment as a
2 county detention officer.
3 (f) The council may, upon recommendation of the juvenile training council
4 and pursuant to the requirements of this section, implement minimum basic
5 training for juvenile probation officers and implement minimum training and
6 certification standards for juvenile detention officers.
STATEMENT OF PURPOSE
RS 11073
The purpose of this legislation is to require that the existing
POST certification coursework include a component that involves
investigation and evidence collection in cases of sexual
assault.
FISCAL IMPACT
There will be no impact to the general fund since this will be
incorporated into existing contact hours.
Contact
Name: Rep. Margaret Henbest, Rep. Debbie Field
Phone: 332 1000
STATEMENT OF PURPOSE/FISCAL NOTE H 249
H 24