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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
H0481|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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
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