2007 Legislation
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HOUSE BILL NO. 97 – Insurance Dept, testimony


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Bill Status

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

Bill Text

  ]]]]              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
  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-
  1    leges on account of any testimony he may so give or evidence so produced.

Statement of Purpose / Fiscal Impact

                    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.

Name:	Shad Priest
Agency:	Insurance, Dept. of
Phone:	334-4214