Print Friendly HOUSE BILL NO. 220 – Indictment set aside, when
HOUSE BILL NO. 220
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H0220...................................by JUDICIARY, RULES AND ADMINISTRATION
INDICTMENTS - Amends existing law to revise the grounds for which an
indictment may be set aside by a court.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 64-0-6
AYES -- Andersen, Barrett, Bauer, Bedke, Bell, Bieter, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(23),
Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake,
Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo,
Roberts, Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Wills, Wood
NAYS -- None
Absent and excused -- Barraclough, Field(18), Kellogg, Schaefer, Trail,
Floor Sponsor - Clark
Title apvd - to Senate
03/03 Senate intro - 1st rdg - to Jud
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 32-0-3
AYES -- Andreason(Rouse), Bailey, Brandt, Bunderson, Burkett,
Burtenshaw, Calabretta, Cameron, Compton, Darrington, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Davis, Marley, Noble
Floor Sponsor - Lodge
Title apvd - to House
03/17 To enrol
03/19 Rpt enrol - Sp signed
03/20 Pres signed
03/21 To Governor
03/27 Governor signed
Session Law Chapter 140
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 220
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-1601, IDAHO CODE, TO
3 REVISE THE GROUNDS FOR WHICH AN INDICTMENT MAY BE SET ASIDE BY A COURT.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 19-1601, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 19-1601. GROUNDS FOR SETTING ASIDE INDICTMENT. The indictment must be set
8 aside by the court in which the defendant is arraigned, upon his motion, in
9 either of the following cases:
10 1. When it is not found, endorsed and presented as prescribed in this
12 2. When the names of the witnesses examined before the grand jury, or
13 whose depositions may have been read before them, are not inserted at the foot
14 of the indictment, or endorsed thereon.
15 3. When a person is permitted to be present during the session of the
16 grand jury, and when the charge embraced in the indictment is under consider-
17 ation, except as provided in chapter 11 of this title.
18 4. When the defendant has not been held to answer before the finding of
19 the indictment, on any ground which would have been good ground for challenge,
20 either to the panel or to any individual grand juror.
21 5. When the defendant has been granted immunity from prosecution in con-
22 nection with his testimony as a witness, if the present prosecution is for a
23 crime involving any fact or act concerning which he testified or produced evi-
24 dence in accordance with an immunity agreement or an order of a district court
25 pursuant to the provisions of sections 19-1114 and 19-1115.
STATEMENT OF PURPOSE
The purpose of this legislation is "housekeeping" to make Idaho
Code Section 19-1601 consistent with Idaho Code Section 19-1114
and 19-1115. In 2000, the Legislature amended Idaho Code Section
19-1114 and 19-1115 removing "transactional immunity" language
and replacing it with "use and derivative use immunity" language.
However, in 2000 when those amendments were made, Section 19-
1601(5) was overlooked. Currently, that section requires a court
to set aside or dismiss a criminal indictment when a person has
been granted immunity from prosecution in connection with his
testimony as a witness. Contrarily, pursuant to 19-1114 and 19-
1115, if a person testifies under an agreement of immunity with
the prosecutor, any answer given, or evidence produced, and any
information directly or indirectly derived from the answer or
evidence, may not be used against the person in a criminal case,
but the person may still be prosecuted. Therefore, these code
sections are currently inconsistent.
There is no fiscal impact to the General Fund.
Name: Heather Reilly, Prosecuting Attorney's Assn.
STATEMENT OF PURPOSE/FISCAL NOTE H 220