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H0161.........................................by TRANSPORTATION AND DEFENSE
MILITARY DIVISION - Amends existing law to provide that if a commander in
the Military Division finds that probable cause exists that a minor offense
has been committed by a member of his command, he may cause the member to
be arrested and brought before him for the purpose of processing
nonjudicial punishment.
02/03 House intro - 1st rdg - to printing
02/04 Rpt prt - to Transp
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/17 3rd rdg - PASSED - 63-0-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Hadley, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Loertscher, Mader,
Marley, McKague, Meyer, Moyle, Pischner, Pomeroy, Reynolds, Ridinger,
Ringo, Robison, Sali, Schaefer, Sellman, Smith, Stevenson, Stoicheff,
Stone, Taylor(Taylor), Tilman, Tippets, Trail, Watson, Wheeler,
Williams, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Geddes, Gould, Linford, Montgomery, Mortensen,
Wood
Dist. 15, Seat A, Vacant
Floor Sponsor - Smith
Title apvd - to Senate
02/18 Senate intro - 1st rdg - to St Aff
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry, Twiggs
Floor Sponsor - Darrington
Title apvd - to House
03/12 To enrol
03/15 Rpt enrol - Sp signed
03/16 Pres signed - to Governor
03/18 Governor signed
Session Law Chapter 110
Effective: 07/01/99
H0161|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 161 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO ARRESTS OF MEMBERS OF THE IDAHO MILITARY; AMENDING SECTION 3 46-1108, IDAHO CODE, TO PROVIDE IF A COMMANDER FINDS THAT PROBABLE CAUSE 4 EXISTS THAT A MINOR OFFENSE HAS BEEN COMMITTED BY A MEMBER OF HIS COMMAND, 5 HE MAY CAUSE THE MEMBER TO BE ARRESTED AND BROUGHT BEFORE HIM FOR THE PUR- 6 POSE OF PROCESSING NONJUDICIAL PUNISHMENT. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 46-1108, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 46-1108. ARREST. Arrest of members of the Idaho military not in federal 11 service by members of the Idaho military while acting in their military capac- 12 ity is prohibited, except in the following circumstances: 13 (1) If any member of the Idaho military fails or refuses to report to his 14 appointed place of duty upon adequate notice of an emergency declared by the 15 governor, the commanding officer of the member's unit is authorized to arrest 16 such member or cause him to be arrested and have him brought before the com- 17 manding officer at his unit headquarters. If military personnel are not avail- 18 able for the purpose of making the arrest, or if the commanding officer deems 19 it advisable, he may issue a warrant, based upon a finding that probable cause 20 exists that the member has failed or refused to report as ordered after 21 receiving adequate notice of such order during a declared emergency, to any 22 sheriff or peace officer authorized to serve such warrant in the same manner 23 as other warrants of arrest and make return thereof to the commanding officer 24 issuing the warrant. 25 (2) If any member of the Idaho military has had charges preferred against 26 him under this code, and the convening authority to whom the charges have been 27 forwarded has found that probable cause exists that the offense was committed 28 by the accused and that the incarceration of the accused pending court-martial 29 is required because of special circumstances found to exist which warrant such 30 incarceration, then the convening authority is authorized to arrest such mem- 31 ber or cause him to be arrested and have him confined pending trial. 32 Furthermore, if a commander finds that probable cause exists that a minor 33 offense has been committed by a member of his command, he may cause the member 34 to be arrested and brought before him for the purpose of processing nonjudi- 35 cial punishment under section 46-1107, Idaho Code. If military person- 36 nel are not available for the purpose of making the arrest, or if the conven- 37 ing authority deems it advisable, he may issue a warrant to any sheriff or 38 peace officer authorized to serve such warrant in the same manner as other 39 warrants of arrest, and said sheriff or peace officer shall effect the arrest 40 and hold the accused in the county jail of the county in which the arrest is 41 effected. The arresting officer shall return said warrant to the convening 42 authority and notify him of the arrest and the location of the arrestee so 43 that the convening authority may further process the charges against the 2 1 accused. Upon receipt of the notification of arrest, the commanding officer 2 shall direct that the arrestee be retrieved and brought before him within 3 twenty-four (24) hours. 4 (3) If any member of the Idaho military is accused of an offense against 5 a civil authority, any other member of the Idaho military may, on request by 6 a civil authority, arrest such accused member, but in such case, immediate 7 steps must be taken to deliver such member forthwith to the appropriate civil 8 authorities.
STATEMENT OF PURPOSE
RS08429
This proposal amends Idaho Code Section 46-1108 to expand the
authority to arrest members of the Idaho National Guard to
include those times when their commander determines that
probable cause exists that they have committed a minor
offense under the Idaho Code of Military Justice and he
intends to impose Nonjudicial Punishment on the member under
the provisions of Idaho Code Section 46-1107, rather than
prefer court-martial charges against them. This will enable a
commander to more effectively enforce discipline on absent
members of his command without the need to resort to the more
costly and drastic measure of initiating a court-martial
before he can have the member brought before him for
punishment.
FISCAL IMPACT
Since all members of the Idaho National Guard will be on duty
which is already funded by the state or federal government
when they exercise the authority granted in this proposal,
there will be no additional cost to the state if this idea
were adopted.
CONTACT
Name: Lt. Col. Blair D. Jaynes
Agency: Military Division
Phone: 422-5474
Statement of Purpose/Fiscal Impact H 161