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S1262aa..............................................by JUDICIARY AND RULES PAROLE SUBPOENA - Adds to existing law to provide that, for the purpose of assisting with apprehending individuals who have absconded and for whom the parole commission has issued a warrant of arrest, the director of the Department of Correction shall have the power to issue a subpoena duces tecum to compel the production of certain records; and to provide procedures. 02/02 Senate intro - 1st rdg - to printing 02/03 Rpt prt - to Jud 02/09 Rpt out - to 14th Ord 03/02 Rpt out amen - to engros 03/03 Rpt engros - 1st rdg - to 2nd rdg as amen 03/04 2nd rdg - to 3rd rdg as amen 03/08 3rd rdg as amen - PASSED - 35-0-0 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Bunderson Title apvd - to House 03/09 House intro - 1st rdg - to Jud 03/12 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 61-4-5 AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin, Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood NAYS -- Barrett, Kulczyk, McKague, Moyle Absent and excused -- Gagner, Meyer, Roberts, Snodgrass, Mr. Speaker Floor Sponsor - Edmunson Title apvd - to Senate 03/17 To enrol 03/18 Rpt enrol - Pres signed - Sp signed 03/19 To Governor 03/24 Governor signed Session Law Chapter 296 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1262 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO PAROLE; AMENDING CHAPTER 2, TITLE 20, IDAHO CODE, BY THE ADDITION 3 OF A NEW SECTION 20-228A, IDAHO CODE, TO PROVIDE THAT FOR THE PURPOSE OF 4 ASSISTING WITH APPREHENDING INDIVIDUALS WHO HAVE ABSCONDED AND FOR WHOM 5 THE PAROLE COMMISSION HAS ISSUED A WARRANT OF ARREST, THE DIRECTOR OF THE 6 DEPARTMENT OF CORRECTION, OR HIS AUTHORIZED REPRESENTATIVE SHALL HAVE THE 7 POWER TO ISSUE A SUBPOENA DUCES TECUM TO COMPEL THE PRODUCTION OF CERTAIN 8 RECORDS AND TO PROVIDE PROCEDURES. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Chapter 2, Title 20, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 20-228A, Idaho Code, and to read as follows: 13 20-228A. PAROLE SUBPOENA TO ASSIST IN APPREHENDING PAROLE ABSCONDERS. For 14 the purpose of assisting with apprehending individuals on parole who have 15 absconded and for whom the parole commission has issued a warrant of arrest, 16 the director of the department of correction, or his authorized representa- 17 tive, shall have power to issue a subpoena duces tecum to compel the produc- 18 tion of writing, documents or records of any type or form, specifically 19 including those stored or transmitted by any electronic or wireless means. If 20 any person or entity to whom such subpoena is directed refuses to produce the 21 documents, writing or records sought, as directed, within seven (7) days of 22 receipt of the subpoena, the director or his authorized representative may 23 apply to any judge of the district court where the investigation is being con- 24 ducted for an order compelling such person or entity to comply with the sub- 25 poena. Failure to obey such order may be punished by the court as a contempt 26 thereof.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004Moved by Bunderson Seconded by Darrington IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1262 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 16, delete ", or his authorized 3 representa-"; in line 17, delete "tive,"; in line 18, delete "writing" and 4 insert: "writings"; in line 21, delete "writing" and insert: "writings"; and 5 delete lines 22 through 24, and insert: "receipt of the subpoena, the director 6 may apply to the district court of the county where the records are located 7 for an order compelling such person or entity to comply with the sub-". 8 CORRECTION TO TITLE 9 On page 1, in line 6, delete ", OR HIS AUTHORIZED REPRESENTATIVE".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1262, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO PAROLE; AMENDING CHAPTER 2, TITLE 20, IDAHO CODE, BY THE ADDITION 3 OF A NEW SECTION 20-228A, IDAHO CODE, TO PROVIDE THAT FOR THE PURPOSE OF 4 ASSISTING WITH APPREHENDING INDIVIDUALS WHO HAVE ABSCONDED AND FOR WHOM 5 THE PAROLE COMMISSION HAS ISSUED A WARRANT OF ARREST, THE DIRECTOR OF THE 6 DEPARTMENT OF CORRECTION SHALL HAVE THE POWER TO ISSUE A SUBPOENA DUCES 7 TECUM TO COMPEL THE PRODUCTION OF CERTAIN RECORDS AND TO PROVIDE PROCE- 8 DURES. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Chapter 2, Title 20, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 20-228A, Idaho Code, and to read as follows: 13 20-228A. PAROLE SUBPOENA TO ASSIST IN APPREHENDING PAROLE ABSCONDERS. For 14 the purpose of assisting with apprehending individuals on parole who have 15 absconded and for whom the parole commission has issued a warrant of arrest, 16 the director of the department of correction shall have power to issue a sub- 17 poena duces tecum to compel the production of writings, documents or records 18 of any type or form, specifically including those stored or transmitted by any 19 electronic or wireless means. If any person or entity to whom such subpoena is 20 directed refuses to produce the documents, writings or records sought, as 21 directed, within seven (7) days of receipt of the subpoena, the director may 22 apply to the district court of the county where the records are located for an 23 order compelling such person or entity to comply with the subpoena. Failure to 24 obey such order may be punished by the court as a contempt thereof.
STATEMENT OF PURPOSE RS 13812 The purpose of the legislation is to provide authorized representatives of the Department of Correction with an enhanced ability to apprehend parole absconders. Currently, representatives of the Department do not have the ability to issue a subpoena decus tecum to compel the production of documents. The documents sought would be those containing information which would be helpful in locating parole absconders such as records containing addresses and phone numbers etc. The legislation would allow authorized representatives of the Department of Correction to issue a subpoena duces tecum to compel the production of documents. Failure to comply with the subpoena may be punishable as contempt. FISCAL IMPACT The impact on the Department of Correction should be minimal. The specific fiscal impact will depend on the number of parole absconders for whom a subpoena duces tecum is issued. However, other than the possibility of paying for the copying costs of the documents sought (which should be fairly nominal), there should not be any associated cost with issuing the subpoena or obtaining the records. In the event legal services are needed to assist in compelling compliance with a subpoena, the legal department of the Department of Correction will be used. Contact Name: Ron Messler, Investigator Department of Correction Phone: (208) 334-3190 ext. 29 STATEMENT OF PURPOSE/FISCAL NOTE S 1262