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H0130aa,aaS..........................by JUDICIARY, RULES AND ADMINISTRATION
MOTOR VEHICLE COLLISION REPORT - Amends existing law relating to records
exempt from disclosure to provide that any person involved in a motor
vehicle collision, which is investigated by a law enforcement agency, that
person's authorized legal representative and the insurer shall have a right
to a complete unaltered copy of the impact report, or its successors, and
the final report prepared by the agency.
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, Cannon, Chadderdon,
Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones,
Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
Speaker
NAYS -- None
Absent and excused -- Bradford, Field(18), Sali
Floor Sponsor - Clark
Title apvd - to Senate
03/09 Senate intro - 1st rdg - to Jud
03/15 Rpt out - to 14th Ord
03/23 Rpt out amen - to 1st rdg as amen
03/24 1st rdg - to 2nd rdg as amen
03/25 2nd rdg - to 3rd rdg as amen
Rls susp - 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 - Jorgenson
Title apvd - to House
03/28 House concurred in Senate amens - to engros
03/29 Rpt engros - 1st rdg - to 2nd rdg as amen
03/30 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, 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, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smylie, Snodgrass, Trail, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, McKague, Smith(24), Stevenson, Wills
Floor Sponsor - Clark
Title apvd - to enrol
03/31 Rpt enrol - Sp signed - Pres signed
04/04 To Governor
04/11 Governor signed
Session Law Chapter 333
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. 130
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO RECORDS EXEMPT FROM DISCLOSURE; AMENDING SECTION 9-335, IDAHO
3 CODE, TO CLARIFY THAT A MOTOR VEHICLE COLLISION REPORT IS NOT AN INVESTI-
4 GATORY REPORT EXEMPT FROM DISCLOSURE.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 9-335, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 9-335. EXEMPTIONS FROM DISCLOSURE -- CONFIDENTIALITY. (1) Notwithstanding
9 any statute or rule of court to the contrary, nothing in this chapter nor
10 chapter 10, title 59, Idaho Code, shall be construed to require disclosure of
11 investigatory records compiled for law enforcement purposes by a law enforce-
12 ment agency, but such exemption from disclosure applies only to the extent
13 that the production of such records would:
14 (a) Interfere with enforcement proceedings;
15 (b) Deprive a person of a right to a fair trial or an impartial adjudica-
16 tion;
17 (c) Constitute an unwarranted invasion of personal privacy;
18 (d) Disclose the identity of a confidential source and, in the case of a
19 record compiled by a criminal law enforcement agency in the course of a
20 criminal investigation, confidential information furnished only by the
21 confidential source;
22 (e) Disclose investigative techniques and procedures; or
23 (f) Endanger the life or physical safety of law enforcement personnel.
24 A motor vehicle collision report is not an investigatory record and any
25 person involved in a motor vehicle collision investigated by a law enforcement
26 agency, or that person's authorized legal representative, shall have a right
27 to a complete, unaltered copy of the report prepared by the agency.
28 (2) An inactive investigatory record shall be disclosed unless the dis-
29 closure would violate the provisions of subsection (1)(a) through (f) of this
30 section. Investigatory record as used herein means information with respect to
31 an identifiable person or group of persons compiled by a law enforcement
32 agency in the course of conducting an investigation of a specific act or omis-
33 sion and shall not include the following information:
34 (a) The time, date, location, and nature and description of a reported
35 crime, accident or incident;
36 (b) The name, sex, age, and address of a person arrested, except as
37 otherwise provided by law;
38 (c) The time, date, and location of the incident and of the arrest;
39 (d) The crime charged;
40 (e) Documents given or required by law to be given to the person
41 arrested;
42 (f) Informations and indictments except as otherwise provided by law; and
43 (g) Criminal history reports.
2
1 As used herein, the term "law enforcement agency" means the office of the
2 attorney general, the office of the state controller, the Idaho state police,
3 the office of any prosecuting attorney, sheriff or municipal police depart-
4 ment.
5 (3) Whenever it is made to appear by verified petition to the district
6 court of the county where the records or some part thereof are situated that
7 certain investigative records are being improperly withheld from a member of
8 the public, the court shall order the officer or person charged with withhold-
9 ing the records to disclose the investigative record or show cause why he
10 should not do so. The court shall decide the case after examining the record
11 in camera, papers filed by the parties, and such oral argument and additional
12 evidence as the court may allow.
13 If the court finds that the public official's decision to refuse disclo-
14 sure is not justified, he shall order the public officials to make the record
15 public. If the judge determines that the public official was justified in
16 refusing to make the record public, he shall return the item to the public
17 official without disclosing its content with an order supporting the decision
18 refusing disclosure. Any person who fails to obey the order of the court shall
19 be cited to show cause why he is not in contempt of court. The court may, in
20 its discretion, award costs and fees to the prevailing party.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Jorgenson
Seconded by Kelly
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 130, As Amended
1 AMENDMENT TO SECTION 1
2 On page 1 of the engrossed bill, delete lines 24 through 28, and in line
3 29 following "(2)" insert: "Notwithstanding subsection (1) of this section,
4 any person involved in a motor vehicle collision which is investigated by a
5 law enforcement agency, that person's authorized legal representative and the
6 insurer shall have a right to a complete, unaltered copy of the impact report,
7 or its successors, and the final report prepared by the agency.
8 (3)".
9 CORRECTION TO TITLE
10 On page 1, delete lines 3 and 4 and insert: "CODE, TO PROVIDE THAT ANY
11 PERSON INVOLVED IN A MOTOR VEHICLE COLLISION WHICH IS INVESTIGATED BY A LAW
12 ENFORCEMENT AGENCY, THAT PERSON'S AUTHORIZED LEGAL REPRESENTATIVE AND THE
13 INSURER SHALL HAVE A RIGHT TO A COMPLETE, UNALTERED COPY OF THE IMPACT REPORT,
14 OR ITS SUCCESSORS, AND THE FINAL REPORT PREPARED BY THE AGENCY.".
2
Moved by Smith (24)
Seconded by Bastian
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 130
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 26 delete "or"; and also in line
3 26, following "representative" insert: ", or insurance agency"; and in line
4 27, following "of the" insert: "final".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 130, As Amended, As Amended in the Senate
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO RECORDS EXEMPT FROM DISCLOSURE; AMENDING SECTION 9-335, IDAHO
3 CODE, TO PROVIDE THAT ANY PERSON INVOLVED IN A MOTOR VEHICLE COLLISION
4 WHICH IS INVESTIGATED BY A LAW ENFORCEMENT AGENCY, THAT PERSON'S AUTHO-
5 RIZED LEGAL REPRESENTATIVE AND THE INSURER SHALL HAVE A RIGHT TO A COM-
6 PLETE, UNALTERED COPY OF THE IMPACT REPORT, OR ITS SUCCESSORS, AND THE
7 FINAL REPORT PREPARED BY THE AGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 9-335, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 9-335. EXEMPTIONS FROM DISCLOSURE -- CONFIDENTIALITY. (1) Notwithstanding
12 any statute or rule of court to the contrary, nothing in this chapter nor
13 chapter 10, title 59, Idaho Code, shall be construed to require disclosure of
14 investigatory records compiled for law enforcement purposes by a law enforce-
15 ment agency, but such exemption from disclosure applies only to the extent
16 that the production of such records would:
17 (a) Interfere with enforcement proceedings;
18 (b) Deprive a person of a right to a fair trial or an impartial adjudica-
19 tion;
20 (c) Constitute an unwarranted invasion of personal privacy;
21 (d) Disclose the identity of a confidential source and, in the case of a
22 record compiled by a criminal law enforcement agency in the course of a
23 criminal investigation, confidential information furnished only by the
24 confidential source;
25 (e) Disclose investigative techniques and procedures; or
26 (f) Endanger the life or physical safety of law enforcement personnel.
27 (2) Notwithstanding subsection (1) of this section, any person involved
28 in a motor vehicle collision which is investigated by a law enforcement
29 agency, that person's authorized legal representative and the insurer shall
30 have a right to a complete, unaltered copy of the impact report, or its suc-
31 cessors, and the final report prepared by the agency.
32 (3) An inactive investigatory record shall be disclosed unless the dis-
33 closure would violate the provisions of subsection (1)(a) through (f) of this
34 section. Investigatory record as used herein means information with respect to
35 an identifiable person or group of persons compiled by a law enforcement
36 agency in the course of conducting an investigation of a specific act or omis-
37 sion and shall not include the following information:
38 (a) The time, date, location, and nature and description of a reported
39 crime, accident or incident;
40 (b) The name, sex, age, and address of a person arrested, except as
41 otherwise provided by law;
42 (c) The time, date, and location of the incident and of the arrest;
43 (d) The crime charged;
2
1 (e) Documents given or required by law to be given to the person
2 arrested;
3 (f) Informations and indictments except as otherwise provided by law; and
4 (g) Criminal history reports.
5 As used herein, the term "law enforcement agency" means the office of the
6 attorney general, the office of the state controller, the Idaho state police,
7 the office of any prosecuting attorney, sheriff or municipal police depart-
8 ment.
9 (3) Whenever it is made to appear by verified petition to the district
10 court of the county where the records or some part thereof are situated that
11 certain investigative records are being improperly withheld from a member of
12 the public, the court shall order the officer or person charged with withhold-
13 ing the records to disclose the investigative record or show cause why he
14 should not do so. The court shall decide the case after examining the record
15 in camera, papers filed by the parties, and such oral argument and additional
16 evidence as the court may allow.
17 If the court finds that the public official's decision to refuse disclo-
18 sure is not justified, he shall order the public officials to make the record
19 public. If the judge determines that the public official was justified in
20 refusing to make the record public, he shall return the item to the public
21 official without disclosing its content with an order supporting the decision
22 refusing disclosure. Any person who fails to obey the order of the court shall
23 be cited to show cause why he is not in contempt of court. The court may, in
24 its discretion, award costs and fees to the prevailing party.
3
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 130, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO RECORDS EXEMPT FROM DISCLOSURE; AMENDING SECTION 9-335, IDAHO
3 CODE, TO CLARIFY THAT A MOTOR VEHICLE COLLISION REPORT IS NOT AN INVESTI-
4 GATORY REPORT EXEMPT FROM DISCLOSURE.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 2. That Section 9-335, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 9-335. EXEMPTIONS FROM DISCLOSURE -- CONFIDENTIALITY. (1) Notwithstanding
9 any statute or rule of court to the contrary, nothing in this chapter nor
10 chapter 10, title 59, Idaho Code, shall be construed to require disclosure of
11 investigatory records compiled for law enforcement purposes by a law enforce-
12 ment agency, but such exemption from disclosure applies only to the extent
13 that the production of such records would:
14 (a) Interfere with enforcement proceedings;
15 (b) Deprive a person of a right to a fair trial or an impartial adjudica-
16 tion;
17 (c) Constitute an unwarranted invasion of personal privacy;
18 (d) Disclose the identity of a confidential source and, in the case of a
19 record compiled by a criminal law enforcement agency in the course of a
20 criminal investigation, confidential information furnished only by the
21 confidential source;
22 (e) Disclose investigative techniques and procedures; or
23 (f) Endanger the life or physical safety of law enforcement personnel.
24 A motor vehicle collision report is not an investigatory record and any
25 person involved in a motor vehicle collision investigated by a law enforcement
26 agency, that person's authorized legal representative, or insurance agency,
27 shall have a right to a complete, unaltered copy of the final report prepared
28 by the agency.
29 (2) An inactive investigatory record shall be disclosed unless the dis-
30 closure would violate the provisions of subsection (1)(a) through (f) of this
31 section. Investigatory record as used herein means information with respect to
32 an identifiable person or group of persons compiled by a law enforcement
33 agency in the course of conducting an investigation of a specific act or omis-
34 sion and shall not include the following information:
35 (a) The time, date, location, and nature and description of a reported
36 crime, accident or incident;
37 (b) The name, sex, age, and address of a person arrested, except as
38 otherwise provided by law;
39 (c) The time, date, and location of the incident and of the arrest;
40 (d) The crime charged;
41 (e) Documents given or required by law to be given to the person
42 arrested;
43 (f) Informations and indictments except as otherwise provided by law; and
44 (g) Criminal history reports.
45 As used herein, the term "law enforcement agency" means the office of the
46 attorney general, the office of the state controller, the Idaho state police,
4
1 the office of any prosecuting attorney, sheriff or municipal police depart-
2 ment.
3 (3) Whenever it is made to appear by verified petition to the district
4 court of the county where the records or some part thereof are situated that
5 certain investigative records are being improperly withheld from a member of
6 the public, the court shall order the officer or person charged with withhold-
7 ing the records to disclose the investigative record or show cause why he
8 should not do so. The court shall decide the case after examining the record
9 in camera, papers filed by the parties, and such oral argument and additional
10 evidence as the court may allow.
11 If the court finds that the public official's decision to refuse disclo-
12 sure is not justified, he shall order the public officials to make the record
13 public. If the judge determines that the public official was justified in
14 refusing to make the record public, he shall return the item to the public
15 official without disclosing its content with an order supporting the decision
16 refusing disclosure. Any person who fails to obey the order of the court shall
17 be cited to show cause why he is not in contempt of court. The court may, in
18 its discretion, award costs and fees to the prevailing party.
STATEMENT OF PURPOSE
RS 14589
This legislation would allow those involved in a motor vehicle
accident one copy of the unredacted collision report, alleviating
the necessity to access the report with a court order.
FISCAL NOTE
The bill will have no fiscal note.
Contact
Name: Representative Jim Clark
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 130