2001 Legislation
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HOUSE BILL NO. 249 – Sexual assault evidence/POST course


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Daily Data Tracking History

H0249................................by JUDICIARY, RULES AND ADMINISTRATION
SEXUAL ASSAULT EVIDENCE COURSE - POST - Amends existing law to require a
POST course in investigation of allegations of sexual assault or battery.
02/14    House intro - 1st rdg - to printing
02/15    Rpt prt - to Jud
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 64-0-6
      AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smylie, Stevenson, Stone, Tilman, Trail,
      Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Jones, Loertscher, Smith, Swan, Wheeler
    Floor Sponsors -- Field(13) & Henbest
    Title apvd - to Senate
02/27    Senate intro - 1st rdg - to Jud
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- Williams
    Floor Sponsor -- Richardson
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - to Governor
03/23    Governor signed
         Session Law Chapter 143
         Effective: 07/01/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 249
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 19-5109, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
 10    the duty of and the council shall have the power:
 11        (1)  To  establish  the requirements of minimum basic training which peace
 12        officers shall complete in order to be eligible for  permanent  employment
 13        as  peace  officers, and the time within which such basic training must be
 14        completed. One (1) component of minimum basic training shall be  a  course
 15        in  the  investigation of and collection of evidence in cases involving an
 16        allegation of sexual assault or battery.
 17        (2)  To establish the requirements of minimum education and training stan-
 18        dards for employment as a peace officer in probationary, temporary,  part-
 19        time, and/or emergency positions.
 20        (3)  To establish the length of time a peace officer may serve in a proba-
 21        tionary, temporary, and/or emergency position.
 22        (4)  To  approve,  deny approval or revoke the approval of any institution
 23        or school established by the state or any  political  subdivision  or  any
 24        other party for the training of peace officers.
 25        (5)  To  establish  the  minimum  requirements of courses of study, atten-
 26        dance, equipment, facilities of all approved schools, and  the  scholastic
 27        requirement,  experience  and  training  of  instructors  at  all approved
 28        schools.
 29        (6)  To establish such other requirements for  employment,  retention  and
 30        promotion  of  peace  officers, including minimum age, physical and mental
 31        standards, citizenship, moral character, experience and such other matters
 32        as relate to the competence and reliability of peace officers.
 33        (7)  To certify peace officers as having completed all requirements estab-
 34        lished by the council in order to be eligible for permanent employment  as
 35        peace officers in this state.
 36        (8)  To  receive  and file for record copies of merit regulations or local
 37        ordinances passed by any political subdivision.
 38        (9)  To maintain permanent files and transcripts for  all  peace  officers
 39        certified  by  the  council  to  include any additional courses or advance
 40        courses of instruction successfully completed by such peace officers while
 41        employed in this state.
 42        (10) To receive applications for financial assistance from the  state  and
 43        from  political  subdivisions  and  disburse  available state funds to the
  1        state and to political subdivisions  for  salaries  and  allowable  living
  2        expenses or any part thereof, as authorized by the council, incurred while
  3        in  attendance at approved training programs and schools. The annual reim-
  4        bursements authorized by this section shall not exceed the funds available
  5        for such purpose and authorized by section 31-3201B, Idaho Code.
  6        (11) To allow a peace officer  of  a  federally  recognized  Indian  tribe
  7        within  the boundaries of this state to attend the peace officer standards
  8        and training academy if said peace officer meets minimum physical and edu-
  9        cational requirements of the academy. The Indian  tribal  law  enforcement
 10        agency  shall  reimburse  the peace officer standards and training academy
 11        for the officer's training. Upon  satisfactory  completion  of  the  peace
 12        officer  standards  and  training  academy, the tribal peace officer shall
 13        receive a certificate of satisfactorily completing the academy.
 14        (b)  After January 1, 1974,  any  peace  officer  as  defined  in  section
 15    19-5101(d),  Idaho  Code,  employed  after January 1, 1974, except any elected
 16    official or deputy serving civil process, the deputy  director  of  the  Idaho
 17    state  police, or any person serving under a temporary commission with any law
 18    enforcement agency in times of natural or man-caused disaster declared  to  be
 19    an  emergency  by  the board of county commissioners or by the governor of the
 20    state of Idaho, or those peace officers whose  primary  duties  involve  motor
 21    vehicle  parking  and  animal control pursuant to city or county ordinance, or
 22    any peace officer acting under a special  deputy  commission  from  the  Idaho
 23    state police, shall be certified by the council within one (1) year of employ-
 24    ment;  provided,  however,  that  the council may establish criteria different
 25    than that required of other peace officers for certification  of  city  police
 26    chiefs  or administrators within state agencies having law enforcement powers,
 27    who, because of the number of full-time peace officers  they  supervise,  have
 28    duties  which are primarily administrative.  Any such chief of police or state
 29    agency administrator employed in such capacity prior to July 1, 1987, shall be
 30    exempt from certification.
 31        (c)  No peace officer shall have or exercise  any  power  granted  by  any
 32    statute  of  this  state  to peace officers unless such person shall have been
 33    certified by the council within one (1) year of the date upon which such  per-
 34    son  commenced  employment as a peace officer, except in cases where the coun-
 35    cil, for good cause and in writing, has granted additional  time  to  complete
 36    such  training.  The council may decertify any officer who pleads guilty or is
 37    found guilty, regardless of the form of judgment or withheld judgment of:
 38        (1)  Any felony or offense which would be a felony if  committed  in  this
 39        state;
 40        (2)  Any misdemeanor;
 41        (3)  Any unlawful use, possession, sale or delivery of any controlled sub-
 42        stance; or who
 43        (4)  Willfully  or  otherwise falsifies or omits any information to obtain
 44        any certified status; or who
 45        (5)  Violates any of the  standards  of  conduct  as  established  by  the
 46        council's code of ethics, as adopted and amended by the council.
 47        All  proceedings  taken  by  the  council shall be done in accordance with
 48    chapter 52, title 67, Idaho Code.
 49        (d)  Any law enforcement agency as defined in  section  19-5101(c),  Idaho
 50    Code,  in which any peace officer shall resign as a result of any disciplinary
 51    action or in which a peace officer's employment is terminated as a  result  of
 52    any disciplinary action, shall, within thirty (30) days of such action, make a
 53    report to the council.
 54        (e)  The  council  shall,  pursuant  to  the requirements of this section,
 55    establish minimum basic training and certification standards for county deten-
  1    tion officers that can be completed within one (1) year  of  employment  as  a
  2    county detention officer.
  3        (f)  The council may, upon recommendation of the juvenile training council
  4    and  pursuant  to  the  requirements  of this section, implement minimum basic
  5    training for juvenile probation officers and implement  minimum  training  and
  6    certification standards for juvenile detention officers.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 11073

The purpose of this legislation is to require that the existing
POST certification coursework include a component that involves
investigation and evidence collection in cases of sexual

                          FISCAL IMPACT

There will be no impact to the general fund since this will be
incorporated into existing contact hours.

     Name:   Rep. Margaret Henbest, Rep. Debbie Field
     Phone: 332 1000

STATEMENT OF PURPOSE/FISCAL NOTE                         H 249
                                         H 24