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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 - 2007IN 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;butand 18 he shall notthereafter be prosecuted or subjected to any penalty or forfei-19ture for or on account of any transaction, matter or thing concerning which he20may have so testified or produced evidence, and no testimony so given or evi-21dence produced shall be received against him upon any criminal action, inves-22tigation, or proceeding; except, however, that no such person so testifying23shall be exempt from prosecution or punishment for any perjury committed by24him in such testimony, and the testimony or evidence so given or produced25shall be admissible against him upon any criminal action, investigation, or26proceeding concerning such perjury; nor shall hebe 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