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H0664................................by JUDICIARY, RULES AND ADMINISTRATION
TESTIMONY - FALSE - Adds to existing law to provide a cause of action for
the recovery of damages against persons or entities that produce false or
misleading information, either during sworn testimony or to a fact-finder
or governmental entity, that results in injury to a person.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 664
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO PARTIES TO ACTIONS; AMENDING CHAPTER 3, TITLE 5, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 5-341, IDAHO CODE, TO PROVIDE A CAUSE OF
4 ACTION FOR THE RECOVERY OF DAMAGES AGAINST PERSONS OR ENTITIES THAT PRO-
5 DUCE FALSE OR MISLEADING INFORMATION, EITHER DURING SWORN TESTIMONY OR TO
6 A FACT-FINDER OR GOVERNMENTAL ENTITY, THAT RESULTS IN INJURY TO A PERSON;
7 AND DECLARING AN EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 3, Title 5, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 5-341, Idaho Code, and to read as follows:
12 5-341. FALSE TESTIMONY -- MISREPRESENTED FACTS AND PRINCIPLES -- CAUSE OF
13 ACTION. Any injured party may bring an action for recovery of damages, includ-
14 ing punitive damages which the facts may warrant, against any person, or legal
15 entity acting through its representative, that:
16 (1) Testifies at trial, or any other proceeding, or otherwise provides
17 sworn testimony, where they:
18 (a) Knew or should have known the testimony was false; or
19 (b) Provided such testimony with the intent to deceive the fact-finder on
20 a material issue;
21 (2) While holding himself out to be an expert, provides material scien-
22 tific information to a person, commission, board or other entity charged with
23 fact-finding, when they:
24 (a) Knew or should have known that the scientific information presented
25 is based upon scientific principles that are false; or
26 (b) Presented the scientific information with the intent to mislead the
27 fact-finder;
28 (3) Knowingly files, lodges or otherwise submits any document to any gov-
29 ernmental entity of any kind when the information in such document incorpo-
30 rates scientific principles that:
31 (a) Are material to a decision which must be made based upon the informa-
32 tion contained in the document; and
33 (b) Are false or are presented with the intent to mislead the person(s)
34 making the decision.
35 SECTION 2. An emergency existing therefor, which emergency is hereby
36 declared to exist, this act shall be in full force and effect on and after its
37 passage and approval.
STATEMENT OF PURPOSE
RS 13549
This legislation creates a private right of action for persons
injured by false testimony, presentation of false scientific
principles and filing of documents which include false or
misleading information. Liability can be established only when
the person knew or should have known the information was false or
when the person intended the information to be misleading.
FISCAL IMPACT
None.
Contact
Representative Dick Harwood, 332-1000
Representative Bill Sali, 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 664