2000 Legislation
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SENATE BILL NO. 1322 – Testimony/evidence, immunity given

SENATE BILL NO. 1322

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Daily Data Tracking History



S1322................................................by JUDICIARY AND RULES
TESTIMONY - EVIDENCE - Amends existing law to provide that if a person
would otherwise be privileged to withhold testimony or evidence and is
granted immunity by agreement with the prosecution, the answer given or
evidence produced and information derived from the answer or evidence may
not be used against the person in a criminal case.
                                                                        
01/27    Senate intro - 1st rdg - to printing
01/28    Rpt prt - to Jud
02/10    Rpt out - rec d/p - to 2nd rdg
02/11    2nd rdg - to 3rd rdg
02/15    3rd rdg - PASSED - 32-0-3
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Stegner, Stennett,
      Thorne, Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--Branch, Ipsen, Sorensen
    Floor Sponsor - Davis
    Title apvd - to House
02/16    House intro - 1st rdg - to Jud
03/20    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
    3rd rdg - PASSED - 65-0-5
      AYES -- Alltus, Barrett, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones(Jones), Judd, Kellogg, Kempton, Kendell, Lake, Linford, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stoicheff, Stone, Taylor,
      Tilman, Trail, Wheeler, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Barraclough, Kunz, Loertscher, Stevenson, Mr
      Speaker
    Floor Sponsor - Ellsworth
    Title apvd - to Senate
04/03    To enrol
04/04    Rpt enrol - Pres signed - Sp signed
04/05    To Governor
04/12    Governor signed
         Session Law Chapter 238
         Effective: 07/01/00

Bill Text


 S1322
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1322
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-1114, IDAHO CODE, TO  PRO-
  3        VIDE  THAT IF A PERSON WOULD OTHERWISE BE PRIVILEGED TO WITHHOLD TESTIMONY
  4        OR EVIDENCE AND IS GRANTED IMMUNITY BY AGREEMENT WITH THE PROSECUTION, THE
  5        ANSWER GIVEN OR EVIDENCE PRODUCED AND INFORMATION DERIVED FROM THE  ANSWER
  6        OR  EVIDENCE  MAY NOT BE USED AGAINST THE PERSON IN A CRIMINAL CASE AND TO
  7        MAKE A TECHNICAL CORRECTION; AMENDING SECTION 19-1115, IDAHO CODE, TO PRO-
  8        VIDE THAT IF A PERSON WOULD OTHERWISE BE PRIVILEGED TO WITHHOLD  TESTIMONY
  9        OR EVIDENCE AND IS GRANTED IMMUNITY BY AGREEMENT WITH THE PROSECUTION, THE
 10        ANSWER  GIVEN OR EVIDENCE PRODUCED AND INFORMATION DERIVED FROM THE ANSWER
 11        OR EVIDENCE MAY NOT BE USED AGAINST THE PERSON IN  A  CRIMINAL  CASE;  AND
 12        PROVIDING AN EFFECTIVE DATE.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION  1.  That  Section 19-1114, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        19-1114.  NOTICE OF REFUSAL TO GIVE INCRIMINATING EVIDENCE -- AGREEMENT TO
 17    TESTIFY WITH IMMUNITY -- PERJURY -- COMPELLING ANSWER. In  any  criminal  pro-
 18    ceeding  or  in any investigation or proceeding before a grand jury in connec-
 19    tion with any criminal offense, if a person has advised the prosecuting attor-
 20    ney that he will refuse to answer a question or produce evidence, if called as
 21    a witness, on the ground that he may be incriminated thereby, the  person  may
 22    agree in writing with the prosecuting attorney of the county to testify volun-
 23    tarily  pursuant  to  this  section.  Upon written request of such prosecuting
 24    attorney being made to the district court in and for that  county,  said  dis-
 25    trict  court shall approve such written agreement, unless the court finds that
 26    to do so would be clearly contrary to the  public  interest.  If  after  court
 27    approval  of  such  agreement,  and if, but for this section, the person would
 28    have been privileged to withhold the answer given or the evidence produced  by
 29    him, that person shall not be prosecuted or subjected to penalty or forfeiture
 30    for or on account of any fact or act concerning which, in accordance with such
 31    agreement,  he  answered  or  produced evidence, the answer given, or evidence
 32    produced, and any information directly or indirectly derived from  the  answer
 33    or  evidence,  may  not be used against the person in any manner in a criminal
 34    case but he the person may, nevertheless, be prosecuted or subjected  to  pen-
 35    alty  or  forfeiture  for any perjury, false swearing or contempt committed in
 36    answering or in producing evidence in accordance with such agreement. If  such
 37    person  fails to give any answer or to produce any evidence in accordance with
 38    such agreement, that person shall be prosecuted or  subjected  to  penalty  or
 39    forfeiture in the same manner and to the same extent as he would be prosecuted
 40    or  subjected to penalty or forfeiture but for this section: provided, that if
 41    such person fails to give any answer or to produce any evidence in  accordance
 42    with  such  agreement, the prosecuting attorney may request the district court
 43    to compel the person to answer or produce evidence, in accordance with section
                                                                        
                                           2
                                                                        
  1    19-1115, Idaho Code.
                                                                        
  2        SECTION 2.  That Section 19-1115, Idaho Code, be, and the same  is  hereby
  3    amended to read as follows:
                                                                        
  4        19-1115.  REFUSAL  TO  GIVE INCRIMINATING EVIDENCE -- COMPELLING TO ANSWER
  5    OR PRODUCE EVIDENCE -- IMMUNITY -- PERJURY. In any criminal proceeding  or  in
  6    any  investigation  or  proceeding  before a grand jury in connection with any
  7    criminal offense, if a person refuses to answer a question or produce evidence
  8    of any other kind on the ground that he may be incriminated  thereby,  and  if
  9    the  prosecuting attorney of the county in writing requests the district court
 10    in and for that county to order that person to answer the question or  produce
 11    the  evidence,  a judge of the district court shall set a time for hearing and
 12    order the person to appear before the court and show cause, if  any,  why  the
 13    question  should not be answered or the evidence produced, and the court shall
 14    order the question answered or the evidence produced unless it finds  that  to
 15    do  so  would be clearly contrary to the public interest, or could subject the
 16    witness to a criminal prosecution in another  jurisdiction,  and  that  person
 17    shall comply with the order. After complying, and if, but for this section, he
 18    would  have  been privileged to withhold the answer given or the evidence pro-
 19    duced by him, that person shall not be prosecuted or subjected to  penalty  or
 20    forfeiture  for  or  on account of any fact or act concerning which, in accor-
 21    dance with the order, he was required to answer or produce evidence.  But  the
 22    answer given, or evidence produced, and any information directly or indirectly
 23    derived  from  the  answer  or evidence, may not be used against the compelled
 24    person in any manner in a criminal case, except that he  may  nevertheless  be
 25    prosecuted or subjected to penalty or forfeiture for any perjury, false swear-
 26    ing or contempt committed in answering, or failing to answer, or in producing,
 27    or failing to produce, evidence in accordance with the order.
                                                                        
 28        SECTION  3.  This  act shall be in full force and effect on and after July
 29    1, 2000.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                            RS09644C1     

This amendment will align the Idaho statute with the scope of 
protection granted in the5th Amendment to the United States 
Constitution and Article 1, section 13 of the IdahoConstitution. 
Transactional immunity, as currently mandated by the statute, 
exceeds the scope ofthe constitutional protection. Use and 
derivative use immunity, as set out in the amendment,protects 
a person from being a witness against himself yet still allows 
a prosecution based onevidence not derived from the testimony.

                          FISCAL IMPACT 
This amendment may have some impact on the state general fund. It 
is possible, that certaincases will be tried that otherwise would 
not have been and therefore defendants sentenced toprison. The 
annual cost of imprisoning a person in Idaho is $18,790.20. Actual 
fiscal impact willdepend greatly on the discretionary decisions 
of lawyers and judges involved. 

Contact: Kevin T. Maloney 
Idaho Prosecuting Attorneys' Association
364-2121 

S 1322