View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0127aa..............................by JUDICIARY, RULES AND ADMINISTRATION
SHERIFFS - Amends existing law to revise provisions relating to written
transfers of property from former sheriffs to new sheriffs and
acknowledgments of receipt of property.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Jud
02/18 Rpt out - to Gen Ord
03/01 Rpt out amen - to engros
03/02 Rpt engros - 1st rdg - to 2nd rdg as amen
03/03 2nd rdg - to 3rd rdg as amen
03/08 3rd rdg as amen - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(8), Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood, Mr.
Speaker
NAYS -- None
Absent and excused -- Mitchell, Shepherd(2), Wills
Floor Sponsor - Sali
S1220tle apvd - to Senate
03/09 Senate intro - 1st rdg - to Jud
03/15 Rpt out - to 14th Ord
03/23 Rpt out w/o amen - to 2nd rdg
03/24 2nd rdg - to 3rd rdg
03/25 3rd rdg - PASSED - 34-0-0, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- (District 21 seat vacant)
Floor Sponsor - Bunderson
Title apvd - to House
03/28 To enrol
03/29 Rpt enrol - Sp signed
03/30 Pres signed
03/31 To Governor
04/06 Governor signed
Session Law Chapter 291
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 127
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO SHERIFFS; REPEALING SECTION 31-2224, IDAHO CODE, APPLICABLE TO
3 WRITTEN TRANSFERS ACKNOWLEDGED BY NEW SHERIFFS.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 31-2224, Idaho Code, be, and the same is hereby
6 repealed.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Sali
Seconded by Smith (24)
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 127
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 6, delete "repealed." and insert:
3 "amended to read as follows:
4 31-2224. DELIVERY OF PROPERTY TO SUCCESSOR -- WRITTEN TRANSFER AND
5 RECEIPT. He must also, at the same time, deliver to the new sheriff a written
6 transfer of the property, process, papers and prisoners delivered, specifying
7 the process or order by which each prisoner delivered was committed and
8 detained. The new sheriff must thereupon acknowledge, in writing on a dupli-
9 cate of the transfer, the receipt of the property, process, papers and pris-
10 oners therein specified.".
11 CORRECTION TO TITLE
12 On page 1, in line 2, delete "REPEALING SECTION 31-2224, IDAHO CODE,
13 APPLICABLE TO"; and delete line 3 and insert: "AMENDING SECTION 31-2224, IDAHO
14 CODE, TO REVISE PROVISIONS RELATING TO WRITTEN TRANSFERS OF PROPERTY FROM
15 FORMER SHERIFFS TO NEW SHERIFFS AND ACKNOWLEDGMENTS OF RECEIPT OF PROPERTY BY
16 NEW SHERIFFS.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 127, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO SHERIFFS; AMENDING SECTION 31-2224, IDAHO CODE, TO REVISE PROVI-
3 SIONS RELATING TO WRITTEN TRANSFERS OF PROPERTY FROM FORMER SHERIFFS TO
4 NEW SHERIFFS AND ACKNOWLEDGMENTS OF RECEIPT OF PROPERTY BY NEW SHERIFFS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 31-2224, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 31-2224. DELIVERY OF PROPERTY TO SUCCESSOR -- WRITTEN TRANSFER AND
9 RECEIPT. He must also, at the same time, deliver to the new sheriff a written
10 transfer of the property, process, papers and prisoners delivered, specifying
11 the process or order by which each prisoner delivered was committed and
12 detained. The new sheriff must thereupon acknowledge, in writing on a dupli-
13 cate of the transfer, the receipt of the property, process, papers and pris-
14 oners therein specified.
STATEMENT OF PURPOSE
RS 14655
Idaho Code 31-2224 is a nineteenth century statute that
requires a sheriff, when leaving office, to provide to his
successor a "written transfer of the property, process, papers
and prisoners delivered, specifying the process or order by which
each prisoner delivered was committed and detained". While this
process may have been practicable in the nineteenth century, it
is no longer reasonable or necessary. Each prisoner in a county
jail is tracked by computer, and there is no reason for a sheriff
to have to prepare a list of each and every prisoner in the jail
and the reasons that prisoner is committed. Moreover, there is
no reason for a modern sheriff to have to compile a written list
of all property in the hands of the county, all the papers and
all documents involving service of process. All of this
information is tracked by computer. This statute is obsolete and
should be repealed.
FISCAL NOTE
None.
Contact
Name: Michael J. Kane
Phone: 342-4545
STATEMENT OF PURPOSE/FISCAL NOTE H 127