2006 Legislation
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HOUSE BILL NO. 709 – Body found, notify law enforcement

HOUSE BILL NO. 709

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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