2006 Legislation
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HOUSE BILL NO. 579 – POST council, powers/duties

HOUSE BILL NO. 579

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Bill Status



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
         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. 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
 34        schools.
 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.
                                                                        
                                           2
                                                                        
  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 aAny 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
                                                                        
                                           3
                                                                        
  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 / Fiscal Impact


                       STATEMENT OF PURPOSE

                            RS 15667C1
                                 
                                 
    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. 
    
       
    
    
    
                           FISCAL IMPACT
                                    
    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
              Phone: 342-4545
                            
              
    STATEMENT OF PURPOSE/FISCAL NOTE                        H 579