2004 Legislation
Print Friendly

SENATE BILL NO. 1262 – Parole subpoena, when

SENATE BILL NO. 1262

View Bill Status

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN 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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN 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 / Fiscal Impact



                       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