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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
S1322|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN 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 forfeiture30for or on account of any fact or act concerning which, in accordance with such31agreement, 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 buthethe 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 or20forfeiture for or on account of any fact or act concerning which, in accor-21dance with the order, he was required to answer or produce evidence. Butthe 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 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