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HOUSE BILL NO. 480

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H0480................................by JUDICIARY, RULES AND ADMINISTRATION
ATTORNEY GENERAL - SPECIAL PROSECUTING ATTORNEY - Amends existing law to
provide for a petition to the district court by the board of county
commissioners for the appointment of the attorney general as a special
prosecuting attorney to investigate and prosecute any criminal matter.

01/20    House intro - 1st rdg - to printing
01/21    Rpt prt - to Jud

Bill Text

H0480


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 480

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE APPOINTMENT OF THE ATTORNEY  GENERAL  AS  SPECIAL  PROSECUTING
 3        ATTORNEY;  AMENDING SECTION 31-2603, IDAHO CODE, TO PROVIDE FOR A PETITION
 4        TO THE DISTRICT COURT  BY  THE  BOARD  OF  COUNTY  COMMISSIONERS  FOR  THE
 5        APPOINTMENT  OF  THE  ATTORNEY  GENERAL AS SPECIAL PROSECUTING ATTORNEY TO
 6        INVESTIGATE AND PROSECUTE ANY CRIMINAL MATTER AND TO MAKE  TECHNICAL  COR-
 7        RECTIONS.

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

 9        SECTION  1.  That  Section 31-2603, Idaho Code, be, and the same is hereby
10    amended to read as follows:

11        31-2603.  SPECIAL PROSECUTOR --  APPOINTMENT.  (a)  When  the  prosecuting
12    attorney  for  the  county  is  absent from the court, or when he has acted as
13    counsel or attorney for a party accused in relation to the matter of which the
14    accused stands charged, and for which he is to be tried on a criminal  charge,
15    or  when  he  is near of kin to the party to be tried on a criminal charge, or
16    when he has a business connection or kinship with the complainant  or  defend-
17    ant,  or  when  he  is unable to attend to his duties, the district court may,
18    upon petition of the prosecuting attorney or board of county commissioners, by
19    an order entered in its minutes, stating  the  cause  therefor,  appoint  some
20    suitable  person  to  perform  for  the  time  being, or for the trial of such
21    accused person, the duties of such prosecuting attorney,  and  the  person  so
22    appointed  has  all the powers of the prosecuting attorney, while so acting as
23    such.
24        (b)  The prosecuting attorney may  petition  the  district  judge  of  his
25    county  for  the  appointment  of  a  special assistant  attorney-general
26      attorney general  to assist in the prosecution of any crim-
27    inal case pending in the county; and if it appears to the  district  judge  to
28    whom  such  petition  is  addressed  that good cause appears for granting such
29    petition, the district judge, may, with the approval of  the    attorney-
30    general      attorney  general  ,  appoint an assistant 
31    attorney-general   attorney general  to assist in such prose-
32    cution. The compensation of the person so appointed shall be fixed  by  agree-
33    ment  between  the  district judge and the  attorney-general  
34    attorney general  and shall be paid by the  attorney-general 
35     attorney general  out of appropriations  made  available  for  the
36    conduct of his office.
37         (c)  In addition to the procedure provided in subsection (a) of this
38    section, upon a petition by a majority of the board of county commissioners or
39    a majority of the legislative body of a charter form of county government, and
40    upon  the  attorney  general's  approval and a finding that it would be in the
41    public interest, the district judge shall appoint the attorney general as spe-
42    cial prosecuting attorney to investigate and prosecute  any  criminal  matter.
43    

Statement of Purpose / Fiscal Impact

    





    STATEMENT OF PURPOSE
         RS 07457
         
    
    This legislation is recommended by the Legislative Council Interim Committee on the Criminal 
    Justice Process.
    
    The legislation provides a board of county commissioners with the authority to petition the 
    district court for the appointment of the attorney general as special prosecuting attorney to investigate 
    and prosecute any criminal matter. If the attorney general approves and the court finds that the 
    appointment would be in the public interest, the court may then appoint the attorney general to act as 
    special prosecuting attorney. The legislation is designed to provide a board of county commissioners 
    with a procedure to seek the appointment of a special prosecuting attorney in the rare instance when 
    the county commissioners determine that the county prosecutor is not performing his or her duties 
    appropriately. This legislation provides a safeguard to address this situation.
    
    FISCAL NOTE
    
    This legislation would have no fiscal impact on the general fund.
    
    CONTACT: Susan Mather
              Legislative Services
              334-4858
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    Bill No. H 480