1998 Legislation
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HOUSE BILL NO. 481 – Atty general/act as prosecutor/when

HOUSE BILL NO. 481

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Daily Data Tracking History



H0481................................by JUDICIARY, RULES AND ADMINISTRATION
ATTORNEY GENERAL - Amends existing law to provide that the attorney general
shall exercise the duties, rights and responsibilities of the prosecuting
attorney in the event that the governor determines that the penal laws of
the state are not being enforced in a county and directs the Department of
Law Enforcement to execute and enforce such penal laws.

01/20    House intro - 1st rdg - to printing
01/21    Rpt prt - to Jud
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/17    3rd rdg - PASSED - 65-0-5
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
      Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
      Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
      Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
      Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
      Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
      Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Taylor,
      Tilman, Tippets, Trail, Watson, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Black(23), Stone, Stubbs, Wheeler, Mr Speaker
    Floor Sponsor - Tippets
    Title apvd - to Senate
02/18    Senate intro - 1st rdg - to Jud
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Sweeney, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Hansen
    Floor Sponsor - Riggs
    Title apvd - to House
03/19    To enrol - rpt enrol - Sp signed
    Pres signed - to Governor
03/20    Governor signed
         Session Law Chapter 246
         Effective: 07/01/98

Bill Text


H0481


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 481

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE ENFORCEMENT OF PENAL LAWS;  AMENDING  SECTION  31-2227,  IDAHO
 3        CODE,  TO  PROVIDE  THAT  THE  ATTORNEY GENERAL SHALL EXERCISE THE DUTIES,
 4        RIGHTS AND RESPONSIBILITIES OF THE PROSECUTING ATTORNEY IN THE EVENT  THAT
 5        THE  GOVERNOR  DETERMINES  THAT  THE PENAL LAWS OF THE STATE ARE NOT BEING
 6        ENFORCED IN A COUNTY AND DIRECTS THE DEPARTMENT OF LAW ENFORCEMENT TO EXE-
 7        CUTE AND ENFORCE SUCH PENAL LAWS.

 8    Be It Enacted by the Legislature of the State of Idaho:

 9        SECTION 1.  That Section 31-2227, Idaho Code, be, and the same  is  hereby
10    amended to read as follows:

11        31-2227.  ENFORCEMENT  OF  PENAL LAWS -- PRIMARY RESPONSIBILITY. Irrespec-
12    tive of police powers vested by statute in state, county, and municipal  offi-
13    cers,  it  is  hereby declared to be the policy of the state of Idaho that the
14    primary duty of enforcing all the penal provisions of any and all statutes  of
15    this state, in any court, is vested in the sheriff and prosecuting attorney of
16    each  of  the  several counties. When in the judgment of such county officers,
17    they need assistance from municipal peace officers within the county, they are
18    authorized and directed to call for such and such local officers shall  render
19    such assistance.
20        When  in the judgment of such county officers, advice and/or assistance is
21    needed which is not available in the county, the sheriff and/or the  prosecut-
22    ing attorney are directed to call upon the state department of law enforcement
23    for  such  advice and assistance and the department shall render such coopera-
24    tive service. Whenever in the opinion of the governor  any  peace  officer  of
25    this  state refuses to offer assistance when requested to do so, or refuses to
26    perform any duty enjoined upon him by the penal statutes of  this  state,  the
27    governor  shall  direct  the attorney general to commence action under chapter
28    41, title 19, Idaho Code, to remove such officer from office.
29        When in the judgment of the governor the penal laws of this state are  not
30    being  enforced  as written, in any county, or counties, in this state, he may
31    direct the director of the department of law enforcement to act  independently
32    of  the  sheriff and prosecuting attorney in such county, or counties, to exe-
33    cute and enforce such penal laws.  In such an instance, the attorney gen-
34    eral shall exclusively exercise all duties, rights and responsibilities of the
35    prosecuting attorney. 

Statement of Purpose / Fiscal Impact


    





    STATEMENT OF PURPOSE
         RS 07458
    
    This legislation is recommended by the Legislative Council Interim Committee on the 
    Criminal Justice Process.
    
    The existing statute provides that if the governor determines that, in a specific county, the penal 
    laws are not being enforced as written, he may direct the department of law enforcement to execute 
    and enforce the penal laws independently of the county sheriff and county prosecuting attorney. 
    However, the existing statute does not provide authority for a prosecuting; attorney when the governor 
    makes the determination and gives his directive to the department of law enforcement. The amendment 
    corrects what would appear to have been an oversight in the original statute to provide that the 
    attorney general shall be the prosecuting attorney in the rare instance when the governor finds it 
    necessary to exercise the power given to him under this statute.
    
                               FISCAL NOTE
    
    The fiscal impact of this legislation is negligible. Impact will only occur on the rare occasion 
    when the governor exercises his power under the statute.
    
    CONTACT': Susan Mather
            Legislative Services
            334-4858
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    Bill No. H 481