Print Friendly HOUSE BILL NO. 579 – POST council, powers/duties
HOUSE BILL NO. 579
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H0579................................by JUDICIARY, RULES AND ADMINISTRATION
PEACE OFFICER STANDARDS AND TRAINING COUNCIL - Amends existing law relating
to the Peace Officer Standards and Training Council to remove language
authorizing the Council to receive applications and disburse moneys for
financial assistance; to revise provisions applicable to the council's
power to decertify officers; to revise the time period required for
reporting certain actions to the council; to set forth provisions
applicable to the rejection of applications for certifications; to define
"convicted"; and to delete language referencing financial aid.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Jud
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 53-17-0
AYES -- Barraclough, Bastian, Bedke, Bell, Bilbao, Black, Block, Boe,
Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal,
Denney, Edmunson, Ellsworth, Field(18), Field(23), Garrett, Henbest,
Henderson, Jaquet, Kemp, Lake, Loertscher, Mathews, McGeachin,
Miller, Mitchell, Nielsen, Nonini, Pence, Raybould, Ring, Roberts,
Rusche, Rydalch, Sali(Sali), Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Mr. Speaker
NAYS -- Anderson, Andrus, Barrett, Bayer, Crow, Eskridge, Hart,
Harwood, LeFavour, Martinez, McKague, Moyle, Pasley-Stuart, Ringo,
Sayler, Schaefer, Wood
Absent and excused -- None
Floor Sponsor - Wills
Title apvd - to Senate
02/22 Senate intro - 1st rdg - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 35-0-0
AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, 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 -- None
Floor Sponsor - Kelly
Title apvd - to House
03/09 To enrol
03/10 Rpt enrol - Sp signed
03/13 Pres signed
03/14 To Governor
03/14 Governor signed
Session Law Chapter 47
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 579
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE PEACE OFFICER STANDARDS AND TRAINING COUNCIL; AMENDING SECTION
3 19-5109, IDAHO CODE, TO REMOVE LANGUAGE AUTHORIZING THE COUNCIL TO RECEIVE
4 APPLICATIONS AND DISBURSE MONEYS FOR FINANCIAL ASSISTANCE, TO REVISE PRO-
5 VISIONS APPLICABLE TO COUNCIL'S POWER TO DECERTIFY OFFICERS, TO REVISE THE
6 TIME PERIOD REQUIRED FOR REPORTING CERTAIN ACTIONS TO THE COUNCIL, TO SET
7 FORTH PROVISIONS APPLICABLE TO THE REJECTION OF APPLICATIONS FOR CERTIFI-
8 CATION, TO DEFINE "CONVICTED" AND TO MAKE TECHNICAL CORRECTIONS; AND
9 AMENDING SECTION 19-5112, IDAHO CODE, TO DELETE LANGUAGE REFERENCING
10 FINANCIAL AID AND TO MAKE TECHNICAL CORRECTIONS.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 19-5109, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 19-5109. POWERS OF THE COUNCIL -- STANDARDS OF TRAINING, EDUCATION AND
15 EMPLOYMENT OF PEACE OFFICERS -- CERTIFICATION -- PENALTIES. ( a1) It shall be
16 the duty of and the council shall have the power:
17 ( 1a) To establish the requirements of minimum basic training which peace
18 officers shall complete in order to be eligible for permanent employment
19 as peace officers, and the time within which such basic training must be
20 completed. One (1) component of minimum basic training shall be a course
21 in the investigation of and collection of evidence in cases involving an
22 allegation of sexual assault or battery.
23 ( 2b) To establish the requirements of minimum education and training
24 standards for employment as a peace officer in probationary, temporary,
25 part-time, and/or emergency positions.
26 ( 3c) To establish the length of time a peace officer may serve in a pro-
27 bationary, temporary, and/or emergency position.
28 ( 4d) To approve, deny approval or revoke the approval of any institution
29 or school established by the state or any political subdivision or any
30 other party for the training of peace officers.
31 ( 5e) To establish the minimum requirements of courses of study, atten-
32 dance, equipment, facilities of all approved schools, and the scholastic
33 requirement, experience and training of instructors at all approved
35 ( 6f) To establish such other requirements for employment, retention and
36 promotion of peace officers, including minimum age, physical and mental
37 standards, citizenship, moral character, experience and such other matters
38 as relate to the competence and reliability of peace officers.
39 ( 7g) To certify peace officers as having completed all requirements
40 established by the council in order to be eligible for permanent employ-
41 ment as peace officers in this state.
42 ( 8h) To receive and file for record copies of merit regulations or local
43 ordinances passed by any political subdivision.
1 ( 9i) To maintain permanent files and transcripts for all peace officers
2 certified by the council to include any additional courses or advance
3 courses of instruction successfully completed by such peace officers while
4 employed in this state.
5 (10) To receive applications for financial assistance from the state and
6 from political subdivisions and disburse available state funds to the
7 state and to political subdivisions for salaries and allowable living
8 expenses or any part thereof, as authorized by the council, incurred while
9 in attendance at approved training programs and schools. The annual reim-
10 bursements authorized by this section shall not exceed the funds available
11 for such purpose and authorized by section 31-3201B, Idaho Code.
12 ( 11j) To allow a peace officer of a federally recognized Indian tribe
13 within the boundaries of this state to attend the peace officer standards
14 and training academy if said peace officer meets minimum physical and edu-
15 cational requirements of the academy. The Indian tribal law enforcement
16 agency shall reimburse the peace officer standards and training academy
17 for the officer's training. Upon satisfactory completion of the peace
18 officer standards and training academy, the tribal peace officer shall
19 receive a certificate of satisfactorily completing the academy.
20 ( b2) After January 1, 1974, any peace officer as defined in section
21 19-5101(d), Idaho Code, employed after January 1, 1974, except any elected
22 official or deputy serving civil process, the deputy director of the Idaho
23 state police, or any person serving under a temporary commission with any law
24 enforcement agency in times of natural or man-caused disaster declared to be
25 an emergency by the board of county commissioners or by the governor of the
26 state of Idaho, or those peace officers whose primary duties involve motor
27 vehicle parking and animal control pursuant to city or county ordinance, or
28 any peace officer acting under a special deputy commission from the Idaho
29 state police, shall be certified by the council within one (1) year of employ-
30 ment; provided, however, that the council may establish criteria different
31 than that required of other peace officers for certification of city police
32 chiefs or administrators within state agencies having law enforcement powers,
33 who, because of the number of full-time peace officers they supervise, have
34 duties which are primarily administrative. Any such chief of police or state
35 agency administrator employed in such capacity prior to July 1, 1987, shall be
36 exempt from certification.
37 ( c3) No peace officer shall have or exercise any power granted by any
38 statute of this state to peace officers unless such person shall have been
39 certified by the council within one (1) year of the date upon which such per-
40 son commenced employment as a peace officer, except in cases where the coun-
41 cil, for good cause and in writing, has granted additional time to complete
42 such training. The council may shall decertify any officer who pleads guilty
43 or is found guilty, regardless of the form of judgment or withheld judgment
44 convicted of : (1) Any any felony or offense which would be a felony if com-
45 mitted in this state ;. The council may decertify any officer who:
46 ( 2a) Is convicted of a Any misdemeanor;
47 (3) Any unlawful use, possession, sale or delivery of any controlled sub-
48 stance; or who
49 ( 4b) Willfully or otherwise falsifies or omits any information to obtain
50 any certified status; or who
51 ( 5c) Violates any of the standards of conduct as established by the
52 council's code of ethics, as adopted and amended by the council.
53 All proceedings taken by the council shall be done conducted in accordance
54 with chapter 52, title 67, Idaho Code.
55 ( d4) Any law enforcement agency as defined in section 19-5101(c), Idaho
1 Code, in which any peace officer shall resign as a result of any disciplinary
2 action or in which a peace officer's employment is terminated as a result of
3 any disciplinary action, shall, within thirty fifteen ( 3015) days of such
4 action, make a report to the council.
5 ( e5) The council shall, pursuant to the requirements of this section,
6 establish minimum basic training and certification standards for county deten-
7 tion officers that can be completed within one (1) year of employment as a
8 county detention officer.
9 ( f6) The council may, upon recommendation of the juvenile training coun-
10 cil and pursuant to the requirements of this section, implement minimum basic
11 training and certification standards for juvenile detention officers and for
12 juvenile probation officers.
13 ( g7) The council may, upon recommendation of the correction standards and
14 training counsel, and pursuant to the requirements of this section, establish
15 minimum basic training and certification standards for state correction offi-
16 cers and for adult probation and parole officers.
17 (8) The council may reject any applicant for certification who has been
18 convicted of a misdemeanor, and the council shall reject an applicant for cer-
19 tification who has been convicted of a felony, the punishment for which could
20 have been imprisonment in a federal or state penal institution.
21 (9) As used in this section, "convicted" means a plea or finding of
22 guilt, notwithstanding the form of judgment or withheld judgment, regardless
23 of whether the sentence is imposed, suspended, deferred or withheld, and
24 regardless of whether the plea or conviction is set aside or withdrawn or the
25 case is dismissed or reduced under section 19-2604, Idaho Code, or any other
26 comparable statute or procedure where the setting aside of the plea or convic-
27 tion, or dismissal or reduction of the case or charge, is based upon lenity or
28 the furtherance of rehabilitation rather than upon any defect in the legality
29 or factual basis of the plea, finding of guilt or conviction.
30 SECTION 2. That Section 19-5112, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 19-5112. AGREEMENT BY OFFICER TO SERVE -- VIOLATIONS. ( a1) Any peace
33 officer attending such schools or programs or directly or indirectly receiving
34 the aid authorized by section 19-5109, Idaho Code, shall execute an agreement
35 whereby said officer promises to remain within the law enforcement profession
36 in the state of Idaho in a position approved by rules and regulations of the
37 council for two (2) years following graduation, subject only to such disquali-
38 fications as established by the council and included within the agreement.
39 ( b2) Violation of the provisions of this section or the terms of any con-
40 tract or agreement entered into pursuant to such section shall give rise to a
41 civil action which may be commenced by the council for and on behalf of the
42 state of Idaho for restitution of any and all sums paid by the council plus
43 costs and reasonable attorney's fees.
STATEMENT OF PURPOSE
The purpose of this bill is to clarify that individuals
who have pled guilty to or have been found guilty of a felony
cannot be certified as peace officers in this state,
irrespective of the fact that the felon's civil rights have
been restored after serving a probationary period. The POST
Council also will have the ability to deny certification to
misdemeanants on a case by case basis. The bill also deletes
obsolete language in the current law regarding financial
assistance to POST Academy students.
There will be no impact on the general fund of the state
as a result of this bill.
CONTACT: Michael J. Kane, Idaho Sheriffs Association
STATEMENT OF PURPOSE/FISCAL NOTE H 579