HOUSE BILL NO. 126

2007 Legislation

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HOUSE BILL NO. 126 – Subpoena, concealed witnesses

View Statement of Purpose / Fiscal Impact

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Bill Status


H0126................................by JUDICIARY, RULES AND ADMINISTRATION
SUBPOENAS - Repeals existing law relating to service of subpoenas on
concealed witnesses.
                                                                        
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
02/19    3rd rdg - PASSED - 68-0-2
      AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ring, Ringo, 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 -- Anderson, Roberts
    Floor Sponsor - McGeachin
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Jud
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/09    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 - Jorgenson
    Title apvd - to House
03/12    To enrol
03/13    Rpt enrol - Sp signed
03/14    Pres signed - To Governor
03/15    Governor signed
         Session Law Chapter 80
         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. 126
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SUBPOENAS; REPEALING SECTION 9-704, IDAHO CODE, RELATING  TO  SER-
  3        VICE OF SUBPOENAS ON CONCEALED WITNESSES.
                                                                        
  4    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  5        SECTION  1.  That  Section  9-704,  Idaho Code, be, and the same is hereby
  6    repealed.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                           RS 16806
                               
                               
  The purpose of this bill is to delete an obsolete statute
  pertaining to service by sheriffs of subpoenas.  Idaho Code 
  9-704 currently mandates sheriffs to break into homes and
  other buildings and boats to serve subpoenas when ordered by
  the person issuing the subpoena.  This 1881 law contravenes
  current state and federal law pertaining to civil rights and
  privacy, and subjects a sheriff to significant liability
  should he or she engage in the conduct contemplated in the
  statute.
  
  
                        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 126