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H0097...........................................................by BUSINESS
DEPARTMENT OF INSURANCE - Amends existing law relating to the Department of
Insurance to revise provisions applicable to compelled testimony and
immunity from prosecution or penalty.
02/02 House intro - 1st rdg - to printing
02/05 Rpt prt - to Bus
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 64-0-6
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Henbest,
Jaquet, Killen, King, Kren, Lake, LeFavour, Luker, Marriott, Mathews,
McGeachin, Mortimer, Moyle, Nielsen, Pasley-Stuart, Patrick, Pence,
Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Edmunson, Harwood, Henderson, Labrador,
Loertscher, Nonini
Floor Sponsor - Killen
Title apvd - to Senate
03/05 Senate intro - 1st rdg - to Com/HuRes
03/16 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
03/21 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Cameron
Title apvd - to House
03/22 To enrol - Rpt enrol - Sp signed
03/23 Pres signed
03/26 To Governor
03/30 Governor signed
Session Law Chapter 283
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 97
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO THE DEPARTMENT OF INSURANCE; AMENDING SECTION 41-230, IDAHO CODE,
3 TO REVISE PROVISIONS APPLICABLE TO COMPELLED TESTIMONY AND IMMUNITY FROM
4 PROSECUTION OR PENALTY.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 41-230, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 41-230. TESTIMONY COMPELLED -- IMMUNITY FROM PROSECUTION. (1) If any per-
9 son asks to be excused from attending or testifying or from producing any
10 books, papers, records, contracts, documents, or other evidence in connection
11 with any examination, hearing, or investigation being conducted by the direc-
12 tor, his deputy or examiner, or in any proceeding or action before any court
13 or magistrate upon a charge of violation of this code, on the ground that the
14 testimony or evidence required of him may tend to incriminate him or subject
15 him to a penalty or forfeiture, and shall notwithstanding be directed to give
16 such testimony or produce such evidence, he must, if so directed by the direc-
17 tor and the attorney general, nonetheless comply with such direction; but and
18 he shall not thereafter be prosecuted or subjected to any penalty or forfei-
19 ture for or on account of any transaction, matter or thing concerning which he
20 may have so testified or produced evidence, and no testimony so given or evi-
21 dence produced shall be received against him upon any criminal action, inves-
22 tigation, or proceeding; except, however, that no such person so testifying
23 shall be exempt from prosecution or punishment for any perjury committed by
24 him in such testimony, and the testimony or evidence so given or produced
25 shall be admissible against him upon any criminal action, investigation, or
26 proceeding concerning such perjury; nor shall he be exempt from the refusal,
27 suspension, or revocation of any license, permission, or authority conferred,
28 or to be conferred, pursuant to this code. After complying, and if, but for
29 this section, he would have been privileged to withhold the answer given or
30 the evidence produced by him, the answer given, or evidence produced, and any
31 information directly or indirectly derived from the answer or evidence, may
32 not be used against the compelled person in any manner in a criminal case,
33 except that he may nevertheless be prosecuted or subjected to penalty or for-
34 feiture for any perjury, false swearing or contempt committed in answering or
35 failing to answer, or in producing or failing to produce, evidence in accor-
36 dance with the order.
37 (2) Any such individual may execute, acknowledge and file in the depart-
38 ment a statement expressly waiving such immunity or privilege in respect to
39 any transaction, matter or thing specified in such statement, and thereupon
40 the testimony of such individual or such evidence in relation to such transac-
41 tion, matter, or thing may be received or produced before any judge or jus-
42 tice, court, tribunal, magistrate, grand jury or otherwise, and if so received
43 or produced such individual shall not be entitled to any immunity or privi-
2
1 leges on account of any testimony he may so give or evidence so produced.
STATEMENT OF PURPOSE
RS 16478C1
This proposal amends existing law to provide use immunity from
criminal prosecution based on testimony or other evidence a
person is compelled to produce at the direction of the director
of the Department of Insurance and the Attorney General.
Current law provides for more broad transactional immunity.
Transactional immunity essentially means that one who is
compelled to produce evidence in an investigation by the
Department of Insurance could not be prosecuted for any crime
related to the transaction about which the compelled testimony
or evidence was given, even if other independent evidence
existed to support a criminal charge. The new language is based
on the immunity afforded in Idaho’s Criminal Code at Section 19-
1115 and provides that any compelled testimony may not be used
in a criminal case against the party providing the testimony.
FISCAL NOTE
No fiscal impact.
CONTACT
Name: Shad Priest
Agency: Insurance, Dept. of
Phone: 334-4214
STATEMENT OF PURPOSE/FISCAL NOTE H 97