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H0709aa....................................................by STATE AFFAIRS
DEAD BODIES - LAW ENFORCEMENT - Amends existing law relating to the
reporting of deaths to require notification of certain officials.
02/21 House intro - 1st rdg - to printing
02/22 Rpt prt - to Jud
03/02 Rpt out - to Gen Ord
03/07 Ret'd to Jud
03/08 Rpt out - to Gen Ord
Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/13 3rd rdg as amen - PASSED - 65-1-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Martinez, Mathews,
McGeachin, McKague, 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), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood
NAYS -- Loertscher
Absent and excused -- Black, Block, Crow, Mr. Speaker
Floor Sponsor - Shirley
Title apvd - to Senate
03/14 Senate intro - 1st rdg - to Health/Wel
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/21 3rd rdg - PASSED - 33-0-2
AYES -- Brandt, Broadsword, Bunderson, Burkett, Cameron, Coiner,
Compton, Corder, Darrington, Davis, Fulcher, 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 -- Andreason, Burtenshaw
Floor Sponsor - Hill
Title apvd - to House
03/22 To enrol
03/23 Rpt enrol - Sp signed
03/24 Pres signed - To Governor
03/30 Governor signed
Session Law Chapter 239
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 709
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO REPORTING OF DEATHS; AMENDING SECTION 19-4301A, IDAHO CODE, TO
3 REQUIRE PERSONS FINDING CERTAIN BODIES TO NOTIFY LAW ENFORCEMENT, TO
4 REQUIRE LAW ENFORCEMENT TO NOTIFY THE CORONER, TO MAKE A GRAMMATICAL
5 CHANGE AND TO PROVIDE PENALTIES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 19-4301A, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 19-4301A. DEATHS TO BE REPORTED TO LAW ENFORCEMENT OFFICIALS AND CORONER.
10 (1) Where any death occurs which is would be subject to investigation by the
11 coroner under section 19-4301(1), Idaho Code, the person who finds or has cus-
12 tody of the body shall promptly notify a law enforcement officer or agency,
13 which shall notify the coroner. who shall notify the appropriate law enforce-
14 ment agency. Pending arrival of the a law enforcement officers, the person
15 finding or having custody of the body shall take reasonable precautions to
16 preserve the body and body fluids and the scene of the event shall not be dis-
17 turbed by anyone until authorization is given by the law enforcement officer
18 conducting the investigation.
19 (2) Except as otherwise provided in subsection (3) of this section, any
20 person who fails to notify law enforcement pursuant to subsection (1) of this
21 section shall be guilty of a misdemeanor and shall be punished by up to one
22 (1) year in the county jail or by a fine not to exceed one thousand dollars
23 ($1,000), or by both such imprisonment and fine.
24 (3) Any person who pleads guilty to or is found guilty of a second or
25 subsequent violation of this section, or any substantially conforming foreign
26 criminal violation, notwithstanding the form of the judgment(s) or withheld
27 judgment(s), shall be guilty of a felony.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Shirley
Seconded by Wills
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 709
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, delete lines 12 through 14 and insert:
3 "tody of the body shall promptly notify either the coroner, who shall notify
4 the appropriate law enforcement agency, or a law enforcement officer or
5 agency, which shall notify the coroner. Pending arrival of the a law enforce-
6 ment officers, the person"; in line 20, following "notify" insert: "the coro-
7 ner or"; and delete lines 24 through 27 and insert:
8 "(3) Any person who, with the intent to prevent discovery of the manner
9 of death, fails to notify or delays notification to the coroner or law
10 enforcement pursuant to subsection (1) of this section, shall be guilty of a
11 felony and shall be punished by imprisonment in the state prison for a term
12 not to exceed ten (10) years or by a fine not to exceed fifty thousand dollars
13 ($50,000) or by both such fine and imprisonment.".
14 CORRECTION TO TITLE
15 On page 1, delete lines 3 and 4 and insert: "REQUIRE NOTIFICATION TO CER-
16 TAIN OFFICIALS, TO MAKE A GRAMMATICAL".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 709, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO REPORTING OF DEATHS; AMENDING SECTION 19-4301A, IDAHO CODE, TO
3 REQUIRE NOTIFICATION TO CERTAIN OFFICIALS, TO MAKE A GRAMMATICAL CHANGE
4 AND TO PROVIDE PENALTIES.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 19-4301A, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 19-4301A. DEATHS TO BE REPORTED TO LAW ENFORCEMENT OFFICIALS AND CORONER.
9 (1) Where any death occurs which is would be subject to investigation by the
10 coroner under section 19-4301(1), Idaho Code, the person who finds or has cus-
11 tody of the body shall promptly notify either the coroner, who shall notify
12 the appropriate law enforcement agency, or a law enforcement officer or
13 agency, which shall notify the coroner. Pending arrival of the a law enforce-
14 ment officers, the person finding or having custody of the body shall take
15 reasonable precautions to preserve the body and body fluids and the scene of
16 the event shall not be disturbed by anyone until authorization is given by the
17 law enforcement officer conducting the investigation.
18 (2) Except as otherwise provided in subsection (3) of this section, any
19 person who fails to notify the coroner or law enforcement pursuant to subsec-
20 tion (1) of this section shall be guilty of a misdemeanor and shall be pun-
21 ished by up to one (1) year in the county jail or by a fine not to exceed one
22 thousand dollars ($1,000), or by both such imprisonment and fine.
23 (3) Any person who, with the intent to prevent discovery of the manner of
24 death, fails to notify or delays notification to the coroner or law enforce-
25 ment pursuant to subsection (1) of this section, shall be guilty of a felony
26 and shall be punished by imprisonment in the state prison for a term not to
27 exceed ten (10) years or by a fine not to exceed fifty thousand dollars
28 ($50,000) or by both such fine and imprisonment.
STATEMENT OF PURPOSE
RS 16085
Current Idaho law requires the reporting of deaths to appropriate
officials, however, there is no penalty given for failure to do so.
The purpose of this legislation is to provide penalties that may be
used for punishment of individuals who fail to report deaths as
prescribed by law.
FISCAL NOTE
There is no fiscal impact upon the General Fund.
Contact
Names: Representative Mack Shirley
Senator Brent Hill
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 709