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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 - 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
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