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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 - 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.
]]]] 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".
]]]] 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
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