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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 - 2005IN 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 - 2005Moved 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 - 2005IN 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