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H0456................................by JUDICIARY, RULES AND ADMINISTRATION
FUGITIVES - Adds to, amends and repeals existing law relating to fugitives
from justice to revise extradition provisions of the state of Idaho.
02/01 House intro - 1st rdg - to printing
02/04 Rpt prt - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(24), Smith(30)(Stanek),
Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Clark, Lake, Patrick
Floor Sponsor - Labrador
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Burkett, Cameron, Coiner,
Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Broadsword, Gannon
Floor Sponsor - McKague
Title apvd - to House
03/07 To enrol
03/10 Rpt enrol - Sp signed
03/11 Pres signed - To Governor
03/17 Governor signed
Session Law Chapter 136
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 456 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO FUGITIVES FROM JUSTICE; AMENDING SECTION 19-4501, IDAHO CODE, TO 3 REVISE DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 4 19-4502, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE DUTY OF THE GOV- 5 ERNOR IN REGARD TO CERTAIN FUGITIVES FROM JUSTICE AND TO MAKE TECHNICAL 6 CORRECTIONS; AMENDING SECTION 19-4503, IDAHO CODE, TO REVISE PROVISIONS 7 RELATING TO DEMANDS FOR EXTRADITION AND TO MAKE TECHNICAL CORRECTIONS; 8 REPEALING SECTION 19-4505, IDAHO CODE, RELATING TO DOCUMENT REQUIREMENTS 9 FOR WARRANTS OF EXTRADITION; AMENDING SECTION 19-4506, IDAHO CODE, TO PRO- 10 VIDE A CORRECT CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 11 SECTION 19-4507, IDAHO CODE, TO REVISE PROVISIONS RELATING TO CERTAIN GOV- 12 ERNOR'S WARRANTS OF ARREST AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 13 SECTION 19-4508, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE EXECU- 14 TION OF WARRANTS, TO PROVIDE FOR FACSIMILE AND ELECTRONIC SERVICE OF WAR- 15 RANTS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 19-4509, IDAHO 16 CODE, TO PROVIDE FOR THE AUTHORITY OF PEACE OFFICERS EMPOWERED TO MAKE 17 ARRESTS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 19-4510, IDAHO 18 CODE, TO REVISE PROVISIONS RELATING TO THE RIGHTS OF ACCUSED PERSONS AND 19 APPLICATIONS FOR WRITS OF HABEAS CORPUS AND TO MAKE TECHNICAL CORRECTIONS; 20 AMENDING SECTION 19-4511, IDAHO CODE, TO REVISE PROVISIONS RELATING TO 21 PENALTIES FOR NONCOMPLIANCE OF SPECIFIED REQUIREMENTS BY OFFICERS AND TO 22 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 19-4512, IDAHO CODE, TO 23 REVISE PROVISIONS RELATING TO THE CONFINEMENT OF PRISONERS SUBJECT TO 24 EXTRADITION AND TO MAKE TECHNICAL CORRECTIONS; REPEALING SECTION 19-4513, 25 IDAHO CODE, RELATING TO ARRESTS PRIOR TO REQUISITION; AMENDING CHAPTER 45, 26 TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19-4513, IDAHO 27 CODE, TO PROVIDE FOR ARRESTS PRIOR TO REQUISITION; AMENDING SECTION 28 19-4514, IDAHO CODE, TO REVISE PROVISIONS RELATING TO ARRESTS WITHOUT WAR- 29 RANTS AND TO MAKE TECHNICAL CORRECTIONS; REPEALING SECTION 19-4515, IDAHO 30 CODE, RELATING TO COMMITMENTS TO AWAIT REQUISITION AND BAIL; AMENDING 31 CHAPTER 45, TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 32 19-4515, IDAHO CODE, TO PROVIDE FOR COMMITMENTS TO AWAIT REQUISITION AND 33 BAIL; AMENDING SECTION 19-4516, IDAHO CODE, TO REVISE PROVISIONS RELATING 34 TO BAIL AND CONDITIONS OF BOND AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 35 SECTION 19-4517, IDAHO CODE, TO REVISE PROVISIONS RELATING TO EXTENSIONS 36 OF TIME OF COMMITMENT IN CERTAIN CASES AND TO MAKE A TECHNICAL CORRECTION; 37 AMENDING SECTION 19-4518, IDAHO CODE, TO REVISE PROVISIONS RELATING TO 38 FORFEITURE OF BAIL AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39 19-4519, IDAHO CODE, TO REVISE PROVISIONS RELATING TO PERSONS UNDER CRIMI- 40 NAL PROSECUTION IN IDAHO AT THE TIME OF REQUISITION AND TO MAKE TECHNICAL 41 CORRECTIONS; AMENDING SECTION 19-4520, IDAHO CODE, TO REVISE PROVISIONS 42 RELATING TO CERTAIN INQUIRY INTO THE GUILT OR INNOCENCE OF THE ACCUSED AND 43 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 19-4521, IDAHO CODE, TO 44 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 19-4522, IDAHO CODE, TO 45 REVISE PROVISIONS RELATING TO THE DUTY OF THE GOVERNOR IN REGARD TO FUGI- 46 TIVES FROM IDAHO AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 2 1 19-4523, IDAHO CODE, TO REVISE PROVISIONS RELATING TO APPLICATIONS FOR 2 ISSUANCE OF REQUISITION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 3 TION 19-4524, IDAHO CODE, TO REVISE PROVISIONS RELATING TO IMMUNITY FROM 4 SERVICE OF PROCESS IN CERTAIN CIVIL ACTIONS AND TO MAKE A TECHNICAL COR- 5 RECTION; AMENDING SECTION 19-4525, IDAHO CODE, TO REVISE PROVISIONS RELAT- 6 ING TO THE LACK OF IMMUNITY FROM OTHER CRIMINAL PROSECUTIONS IN REGARD TO 7 PERSONS EXTRADITED TO IDAHO; AMENDING SECTION 19-4526, IDAHO CODE, TO 8 REVISE PROVISIONS RELATING TO INTERPRETATION AND TO MAKE TECHNICAL CORREC- 9 TIONS; AMENDING SECTION 19-4527, IDAHO CODE, TO REDESIGNATE THE SECTION 10 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 19-4528, IDAHO CODE, 11 TO REVISE PROVISIONS RELATING TO CERTAIN COSTS AND EXPENSES AND TO MAKE 12 TECHNICAL CORRECTIONS; REPEALING SECTION 19-4529, IDAHO CODE, RELATING TO 13 THE PROHIBITION OF CERTAIN REWARDS, SECTION 19-4530, IDAHO CODE, RELATING 14 TO RENDITIONS OF ACCUSED PERSONS, SECTION 19-4531, IDAHO CODE, RELATING TO 15 CERTAIN PROCEDURES FOLLOWING ARREST, SECTION 19-4532, IDAHO CODE, RELATING 16 TO CERTAIN HEARINGS AND ORDERS OF THE COURT, SECTION 19-4533, IDAHO CODE, 17 RELATING TO CONSTRUCTION OF PROVISIONS AND SECTION 19-4534, IDAHO CODE, 18 RELATING TO A SHORT TITLE; AMENDING CHAPTER 45, TITLE 19, IDAHO CODE, BY 19 THE ADDITION OF A NEW SECTION 19-4529, IDAHO CODE, TO PROVIDE FOR THE 20 EXTRADITION OF PERSONS IMPRISONED OR CHARGED IN ANOTHER STATE OR WHO HAVE 21 LEFT THE DEMANDING STATE INVOLUNTARILY AND TO PROVIDE CRITERIA RELATING TO 22 THE AUTHORIZED SIGNATURE OF THE GOVERNOR; AND AMENDING CHAPTER 45, TITLE 23 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19-4530, IDAHO CODE, TO 24 PROVIDE FOR WRITTEN WAIVERS OF EXTRADITION PROCEEDINGS, TO PROVIDE FOR 25 DELIVERY OF PERSONS WITHOUT GOVERNOR'S WARRANTS IF CERTAIN CONDITIONS 26 EXIST, TO PROVIDE THAT CERTAIN CONDUCT DOES NOT CONSTITUTE A WAIVER BY THE 27 STATE RELATING TO REGAINING CUSTODY AND TO PROVIDE METHODS FOR THE RETURN 28 OF CERTAIN PERSONS TO THE STATE. 29 Be It Enacted by the Legislature of the State of Idaho: 30 SECTION 1. That Section 19-4501, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 19-4501. DEFINITIONS. Where appearing in thisact, the term "governor"33includes any person performing the functions of governor by authority of the34law of this state.chapter: 35 (1) The term "executive authority" includes the governor, and any person 36 performing the functions of governor in a state other than this state. And37the; 38 (2) The term "governor" includes any person performing the functions of 39 governor by authority of the law of this state; and 40 (3) The term "state"referringrefers to a state other than this state, 41refers toand includes any other state or territory, organized or unorganized, 42 of the United States of America. 43 SECTION 2. That Section 19-4502, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 19-4502.CRIMINALS TO BE DELIVERED UPON REQUISITIONFUGITIVES FROM JUS- 46 TICE -- DUTY OF GOVERNOR. Subject to thequalificationsprovisions of thisact47 chapter, and the provisions of the Constitution of the United States control- 48 ling, and any and all acts of congress enacted in pursuance thereof, it is the 49 duty of the governor of this state to have arrested and delivered up to the 50 executive authority of any other state of the United States any person charged 3 1 in that state with treason, felony,or other crime, who has fled from justice 2 and is found in this state. 3 SECTION 3. That Section 19-4503, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 19-4503. FORM OF DEMAND. No demand for the extradition of a person 6 charged with crime in another state shall be recognized by the governor 7 unless in writing,and accompanied by a copy of an indictment found or by an8information supported by affidavitalleging, except in cases arising under 9 section 19-4506, Idaho Code, that the accused was present in the demanding 10 statehaving jurisdictionat the time of the commission of the alleged crime, 11orand that thereafter he fled from the state. Such demand must be accompanied 12 by a copy of an indictment or by information supported by affidavit of proba- 13 ble cause, judicial finding of probable cause, or plea of guilty, as reflected 14 in any document from the court in the demanding state, or by affidavit made 15 before a judge or magistrate,there,together with a copy of any warrant which 16 was issuedthereonthereupon, or by a copy of a judgment of conviction or sen- 17 tence imposed in execution thereof, together with a statement by the executive 18 authority of the demanding state that the person claimed has fled the state 19 after being charged with a crime, escaped from confinement, or has broken the 20 terms of his bail, probation or parole. The indictment, information, or affi- 21 davit made before the judge or magistrate must substantially charge the person 22 demanded with having committed a crime under the law of that state;, and the 23 copy of the indictment, information, affidavit, or judgment of conviction or 24 sentence must be authenticated by the executive authority making the demand,25which shall be prima facie evidence of its truth. 26 SECTION 4. That Section 19-4505, Idaho Code, be, and the same is hereby 27 repealed. 28 SECTION 5. That Section 19-4506, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 19-4506. EXTRADITION OF PERSONS NOT PRESENT IN DEMANDING STATE AT TIME OF 31 COMMISSION OF CRIME. The governor of this state may also surrender, on demand 32 of the executive authority of any other state, any person in this state 33 charged in such other state in the manner provided in section 19-45053, Idaho 34 Code, with committing an act in this state, or in a third state, intentionally 35 resulting in a crime in the state whose executive authority is making the 36 demand., and tThe provisions of thisactchapter not otherwise inconsistent 37 shall apply to such cases,notwithstanding thateven though the accused was 38 not in that state at the time of the commission of the crime, and has not fled 39 therefrom. 40 SECTION 6. That Section 19-4507, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 19-4507. ISSUE OF GOVERNOR'S WARRANT OF ARREST --ISSUANCE ANDRECITALS. 43 If the governorshalldecides that the demand should be complied with, he 44 shall sign a warrant of arrest, which shall be sealed with the state seal, and 45 be directed toa sheriff, marshal, coroner,any peace officer or other person 46 whom he may think fit to entrust,with the execution thereof; and. Tthe war- 47 rant must substantially recite the facts necessary to the validity of its 48issueissuance. 4 1 SECTION 7. That Section 19-4508, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 19-4508.EXECUTION OF WARRANT --MANNER AND PLACE OF EXECUTION -- FACSIM- 4 ILE AND ELECTRONIC SERVICE. (1) Such warrant shall authorize the peace officer 5 or other person to whom directed to arrest the accused at any time and any 6 place where he may be found within the state and to command the aid of all 7sheriffs and otherpeace officers or other persons in the execution of the 8 warrant, and to deliver the accused, subject to the provisions of thisact9 chapter, to the duly authorized agent of the demanding state. 10 (2) A certified copy of the warrant, signed by the governor, may be sent 11 via facsimile or in electronic format, to be executed pursuant to subsection 12 (1) of this section. 13 SECTION 8. That Section 19-4509, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 19-4509. AUTHORITY OF ARRESTING OFFICER. Every such peace officer or 16 other person empowered to make the arrest, shall have the same authority, in 17 arresting the accused, to command assistance therein, assheriffs and other18 peace officers have by law in the execution of any criminal process directed 19 to them, withthelike penalties against those who refuse their assistance. 20 SECTION 9. That Section 19-4510, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 19-4510. RIGHTS OF ACCUSED-- RIGHT TO APPLYPERSON -- APPLICATION FOR 23 WRIT OF HABEAS CORPUS. No person arrested upon such warrant shall be delivered 24 over to the appointed agentwhomfor the executive authority demanding him 25 unless he shallhave appointed to receivefirst be taken forthwith before a 26 judge or magistrate of a court of record in this state, who shall inform him 27unless he has been informedof the demand made for his surrender and of the 28 crime with which he is charged, and that he has the right to demand and pro- 29 cure legal counsel;andif the prisoner,or hisfriends, orcounsel shall 30 state that he or they desire to test the legality ofthehis arrest, the 31prisoner shall be taken forthwith before a judge of a court of record in this32state, who shalljudge or magistrate of such court of record shall fix a rea- 33 sonable time to be allowed him within which to apply for a writ of habeas cor- 34 pus.And wWhen such writ is applied for, notice thereof, and of the time and 35 place of hearing thereon, shall be given to thepublicprosecuting officer of 36 the county in which the arrest is made and in which the accused is in custody, 37 and to the said agent of the demanding state. 38 SECTION 10. That Section 19-4511, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 19-4511. PENALTY FOR NONCOMPLIANCE WITHPRECEDINGSECTION 19-4510, IDAHO 41 CODE. Any officerswho shall deliver to the agentfor extraditionof the 42 demanding state a person in his custody for extradition under the governor's 43 warrant, in willful disobedience tothe lastsection 19-4510, Idaho Code, 44 shall be guilty of a misdemeanor,and, upon conviction, shall be fined not 45 more than one thousand dollars ($1,000), or be imprisonedin the county jail46 not more than six (6) months, or both. 47 SECTION 11. That Section 19-4512, Idaho Code, be, and the same is hereby 5 1 amended to read as follows: 2 19-4512. CONFINEMENT IN JAIL WHEN NECESSARY. The officer or person exe- 3 cuting the governor's warrant of arrest, or the agent of the demanding state 4 to whom the prisoner may have been delivered, may when necessary, confine the 5 prisoner in the jail of any county or city through which he may pass;, and the 6 keeper of such jail must receive and safely keep the prisoner until the offi- 7 cer or person having charge of him is ready to proceed on his route, such 8 officer or person being chargeable with the expense of keeping; provided how- 9 ever, that such officer or agent shall produce and show to the keeper of such 10 jail, satisfactory written evidence of the fact that he is actually transport- 11 ing such prisoner to the demanding state after a requisition by the executive 12 authority of such demanding state. Such prisoner shall not be entitled to 13 demand a new requisition while in this state. 14 SECTION 12. That Section 19-4513, Idaho Code, be, and the same is hereby 15 repealed. 16 SECTION 13. That Chapter 45, Title 19, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 18 ignated as Section 19-4513, Idaho Code, and to read as follows: 19 19-4513. ARREST PRIOR TO REQUISITION. (1) Except in cases arising under 20 section 19-4506, Idaho Code, a judge or magistrate shall issue a warrant 21 directed to any peace officer commanding him to apprehend the person named 22 therein, wherever he may be found in this state, and to bring him before the 23 same or any other judge or magistrate which may be available in or of conve- 24 nient access to the place where the arrest may be made, to answer to the 25 charge or complaint and affidavit: 26 (a) Whenever any person within this state is charged on the oath of any 27 credible person before any judge or magistrate of this state with the com- 28 mission of any crime in any other state and has fled from justice, or has 29 been convicted of a crime in that state and has escaped from confinement, 30 or has broken the terms of his bail, probation or parole; or 31 (b) Whenever complaint is made before any judge or magistrate in this 32 state setting forth on the affidavit of any credible person in another 33 state that a crime has been committed in such other state and that the 34 accused has been charged in such state with the commission of the crime 35 and has fled from justice, or has been convicted of a crime in that state 36 and has escaped from confinement, or has broken the terms of his bail, 37 probation or parole and is believed to be in this state. 38 (2) A certified copy of the sworn charge or complaint and affidavit upon 39 which the warrant is issued shall be attached to the warrant. 40 SECTION 14. That Section 19-4514, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 19-4514. ARREST WITHOUT A WARRANT.(1)The arrest of a person may be law- 43 fully made byaany peace officer or a private person, without a warrant upon 44 reasonable information that the accused stands chargedwith a felony byin the 45 courts ofanothera state with a crime punishable by death or imprisonment for 46 a term exceeding one (1) year.; but wWhen so arrested,the accused must be 47 takenforthwithbefore a judge or magistratewhere he shall be advised ofwith 48 all practicable speed, and complaint must be made against him under oath set- 49 ting forth thereason for hisgrounds for the arrest, his right to bond, his6 1right of counsel, and his right against self-incrimination.2(2) Within ten (10) days if the accused is incarcerated, and within3twenty (20) days if the accused is out on bond, the court must hold a hearing4to determine whether a warrant and complaint shall issue upon the basis set5forthas provided in section 19-4513, Idaho Code, and thereafter his answer 6 shall be heard as if he had been arrested on a warrant. 7 SECTION 15. That Section 19-4515, Idaho Code, be, and the same is hereby 8 repealed. 9 SECTION 16. That Chapter 45, Title 19, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 19-4515, Idaho Code, and to read as follows: 12 19-4515. COMMITMENT TO AWAIT REQUISITION -- BAIL. If from the examination 13 before the judge or magistrate it appears that the person held is the person 14 charged with having committed the crime alleged and, except in cases arising 15 under section 19-4506, Idaho Code, that he has fled from justice, the judge or 16 magistrate must, by a warrant reciting the accusation, commit him to the 17 county jail for such a time not exceeding thirty (30) days and specified in 18 the warrant, as will enable the arrest of the accused to be made under a war- 19 rant of the governor on a requisition of the executive authority of the state 20 having jurisdiction of the offense, unless the accused gives bail as provided 21 in section 19-4516, Idaho Code, or until he shall be legally discharged. 22 SECTION 17. That Section 19-4516, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 19-4516. BAILEXCEPT-- INCAPITAL AND LIFE IMPRISONMENTWHAT CASES -- 25 CONDITIONSAND REQUISITESOF BOND. Unless the offense with which the prisoner 26 is charged is shown to be an offense punishable by death or life imprisonment 27 under the laws of the state in which it was committed,and except as provided28in section 20-209F(3), Idaho Code, thea judge or magistratemustin this 29 state may admit the person arrested to bail by bondor undertaking,with suf- 30 ficient sureties, and in such sum as he deems proper, conditioned for his 31 appearance before him at a time specified in such bond,or undertaking,and 32 for his surrender, to be arrested upon the warrant of the governor of this 33 state. 34 SECTION 18. That Section 19-4517, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 19-4517.PROCEDURE IF NO ARREST MADEEXTENSION OF TIME OF COMMITMENT. If 37 the accused is not arrested under warrant of the governor by the expiration of 38 the time specified in the warrant,or bond,or undertaking, theas provided in 39 section 19-4515, Idaho Code, a judge or magistrate may discharge him or may 40 recommit himtofor a furtherdayperiod not to exceed sixty (60) days, or a 41 judge or magistrate may again take bail for his appearance and surrender, as 42 provided in section 19-4516; and at the expiration of the second period of43commitment, or if he has been bailed and appeared according to the terms of44his bond or undertaking, the judge or magistrate may either discharge him, or45may require him to enter into a new bond or undertaking, to appear and surren-46der himself at another day, Idaho Code, but within a period not to exceed 47 sixty (60) days after the date of such new bond. 7 1 SECTION 19. That Section 19-4518, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 19-4518. FORFEITURE OF BAIL. If the prisoner is admitted to bail, and 4 fails to appear and surrender himself according to the conditions of his bond, 5 thecourtjudge or magistrate, by proper order, shall declare the bond for- 6 feited;andrecoveryorder his immediate arrest without warrant if he is 7 within the state. Recovery may be hadthereonon such bond in the name ofthe8 this state, as in the case of other bondsor undertakinggiven by the accused 9 in criminal proceedings within this state. 10 SECTION 20. That Section 19-4519, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 19-4519.PROCEDURE IF PROSECUTION ALREADY INSTITUTEDPERSONS UNDER CRIMI- 13 NAL PROSECUTION IN THIS STATE AT TIME OF REQUISITION. If a criminal prosecu- 14 tion has been instituted against such person under the laws of this state and 15 is still pending, the governoratin his discretion, either may surrenderhim16 such person onthedemand of the executive authority of another state,ormay17 hold him until he has been tried and discharged, or convicted and punished in 18 this state. 19 SECTION 21. That Section 19-4520, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 19-4520. GUILT OR INNOCENCE OF ACCUSED,-- WHEN INQUIRED INTO. The guilt 22 or innocence of the accused as to the crime of which he is charged may not be 23 inquired into by the governor or in any proceeding after the demand for extra- 24 ditionaccompanied by a charge of crime in legal form as above provided shall25have beenis presented to the governor, except as it may be involved in iden- 26 tifying the person held as the person charged with the crime. 27 SECTION 22. That Section 19-4521, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 19-4521. GOVERNOR MAY RECALL WARRANT OR ISSUE ALIAS. The governor may 30 recall his warrant of arrest,or may issue another warrant whenever he deems 31 proper. 32 SECTION 23. That Section 19-4522, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 19-4522. FUGITIVES FROM THIS STATE -- DUTY OF GOVERNOR. Whenever the gov- 35 ernor of this state shall demand a person charged with crime,or withescaping 36 from confinement, or breaking the terms of his bail, probation or parole in 37 this state, from thechiefexecutive authority of any other state, or from the 38 chief justice or an associate justice of theSsupremeCcourt of the District 39 of Columbia, or other official authorized to receive such demand under the 40 laws of the United States, he shall issue a warrant under the seal of this 41 state, to some agent, commanding him to receive the person so chargedif42delivered to himand convey him to the proper officer of the county in this 43 state in which the offense was committed. 44 SECTION 24. That Section 19-4523, Idaho Code, be, and the same is hereby 45 amended to read as follows: 8 1 19-4523.MANNER OF APPLYINGAPPLICATION FOR ISSUANCE OF REQUISITION -- BY 2 WHOM MADE -- CONTENTS. (a1) When the return to this state of a person charged 3 with crime in this state is required, the prosecuting attorneyof the county4in which the offense is committedshall present to the governor his written 5 application for a requisition for the return of the person charged, in which 6 application shall be stated the name of the person so charged, the crime 7 charged against him, and the approximate time, place and circumstances of its 8committalcommission, the state in which he is believed to be, including the 9 location of the accused therein at the time the application is made, and cer- 10 tifying that, in the opinion of the said prosecuting attorney, the ends of 11 justice require the arrest and return of the accused to this state for trial, 12 and that the proceeding is not instituted to enforce a private claim. 13 (b2) When the return to this state is required of a person who has been 14 convicted of a crime in this state and has escaped from confinement or broken 15 the terms of his bail, probation or parole,or who has an unsatisfied termthe 16 prosecuting attorney of the county in which the offense was committed, the 17 director ofimprisonment or other supervision remaining pursuant to his con-18victionthe commission ofa crime and who is absent from this state for any19reason, the prosecuting attorney of the county in which the offense was com-20mitted, the commission ofpardons and parole, or the director of the depart- 21 ment of correction or his designee, orthehead of anyfacility orinstitution 22 or facility operated by or under contract with the department of correction, 23 or sheriff of the county from which escape was made, shall present to the gov- 24 ernor a written application for a requisition for the return of such person, 25 in which application shall be stated the name of the person, the crime of 26 which he was convicted, the circumstances of his escape from confinement or of 27 the breach of the terms of his bail, probation or parole,or other circum-28stances of his absence from this state,and the state in which he is believed 29 to be, including the location of the person therein at the time application is 30 made. 31 (c3) The application shall be verified by affidavit, shall be executed in 32 duplicate and shall be accompanied by two (2) certified copies of the indict- 33 ment returned, or information and affidavit filed, or of the complaint made to 34 the judge or magistrate, stating the offense with which the accused is 35 charged, or of the judgment of conviction orof thesentence. The prosecuting 36 officer,commission of pardons and parole,director of the department of cor- 37 rection or his designee,correctionalor head of any institution or facility 38head, or sheriffoperated by or under contract with the department of correc- 39 tion, may also attach such further affidavits and other documents in duplicate 40 as he shall deem proper to be submitted with such application. One (1) copy of 41 the application, with the action of the governor indicated byindorsement42 endorsement thereon, and one (1) of the certified copies of the indictment,or43 complaint,orinformation and affidavits, or of the judgment of convictionand44 or sentence, and affidavit,shall be filed in the office of the secretary of 45 state to remain of record in that office. The other copies of all papers shall 46 be forwarded with the governor's requisition. 47 SECTION 25. That Section 19-4524, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 19-4524.EXEMPTIONIMMUNITY FROMCIVILSERVICE OF PROCESS IN CERTAIN 50 CIVIL ACTIONS. A person brought into this stateonby or after waiver of 51 extradition based on a criminal charge, shall not be subject to service of 52 personal process in civil actions arising out of the same facts as the crimi- 53 nal proceedingsto answerfor which he is being or has been returned, until he 9 1 has been convicted in the criminal proceeding, or if acquitted, until he has 2 hadamplereasonable opportunity to return to the state from which he was 3 extradited. 4 SECTION 26. That Section 19-4525, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 19-4525. NO RIGHT OF ASYLUM -- NO IMMUNITY FROM OTHER CRIMINAL PROSECU- 7 TION WHILE IN THIS STATE. After a person has been brought back to this state 8uponby or after waiver of extradition proceedings, he may be tried in this 9 state for other crimes which he may be charged with having committed here, as 10 well as that specified in the requisition for his extradition. 11 SECTION 27. That Section 19-4526, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 19-4526. INTERPRETATION.This actThe provisions of this chapter shall be 14 so interpreted and construed as to effectuateitsthe general purposes to make 15 uniform the law of those states which enact it. 16 SECTION 28. That Section 19-4527, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 19-452731. SHORT TITLE. Thisactchapter may be cited as the "Uniform 19 Criminal Extradition Act." 20 SECTION 29. That Section 19-4528, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 19-4528.CLAIMS FOR SERVICES OF EXECUTIVE AGENTSCOSTS AND EXPENSES. When 23 the governor of this state, in the exercise of the authority conferred by sec- 24 tion 2 of article 4 of the Constitution of the United States, or by the laws 25 of this state, demands from the executive authority of any state or territory 26 of the United States, or of any foreign government, the surrender to the 27 authorities of this state of a fugitive from justice, who has been found and 28 arrested in such state, territory, or foreign government, the accounts of the 29 person employed by him to bring back such fugitive must be audited by the 30 board of examiners and paid out of the state treasury, provided that in any 31 case where a person against whom criminal proceedings are pending in any court 32 of this state is to be brought into this state for such proceedings, whether 33 with or without any demand or proceedings by the governor of this state and 34 there is no appropriation of state funds available for the purpose at the 35 time, reasonable compensation for the services of any person employed to bring 36 the defendant in such criminal proceedings to this state and his expenses and 37 the expenses on the account of the said defendant may be allowed and paid at 38 the discretion of the board of county commissioners of the county where such 39 criminal proceedings are pending from the general fund of said county, but no 40 compensation for services as distinguished from expenses other than the regu- 41 lar salary shall be allowed any sheriff or deputy sheriff from either state or 42 county funds. 43 SECTION 30. That Sections 19-4529, 19-4530, 19-4531, 19-4532, 19-4533 and 44 19-4534, Idaho Code, be, and the same are hereby repealed. 45 SECTION 31. That Chapter 45, Title 19, Idaho Code, be, and the same is 10 1 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 2 ignated as Section 19-4529, Idaho Code, and to read as follows: 3 19-4529. EXTRADITION OF PERSONS IMPRISONED OR CHARGED IN ANOTHER STATE OR 4 WHO HAVE LEFT DEMANDING STATE INVOLUNTARILY -- AUTHORIZED SIGNATURE OF GOVER- 5 NOR. (1) When it is desired to have returned to this state a person charged in 6 this state with a crime, and such person is imprisoned or is held under crimi- 7 nal proceedings then pending against him in another state, the governor of 8 this state may agree with the executive authority of such other state for the 9 extradition of such person before the conclusion of such proceedings or his 10 term of sentence in such other state, upon condition that such person be 11 returned to such other state at the expense of this state as soon as the pros- 12 ecution in this state is terminated. 13 (2) The governor of this state may also surrender on demand of the execu- 14 tive authority of any other state any person in this state who is charged in 15 the manner provided in section 19-4523, Idaho Code, with having violated the 16 laws of the state whose executive authority is making the demand, even though 17 such person left the demanding state involuntarily. 18 (3) Any written, stamped, photocopied or electronic signature of the gov- 19 ernor on documents executed pursuant to subsections (1) and (2) of this sec- 20 tion, applied at his direction and under his supervision, is deemed to be the 21 authorized signature of the governor. 22 SECTION 32. That Chapter 45, Title 19, Idaho Code, be, and the same is 23 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 24 ignated as Section 19-4530, Idaho Code, and to read as follows: 25 19-4530. WRITTEN WAIVER OF EXTRADITION PROCEEDINGS. (1) Any person who is 26 arrested in this state and who is charged with having committed a crime in 27 another state or alleged to have escaped from confinement or broken the terms 28 of his bail, probation or parole may waive the issuance and service of the 29 warrant provided for in sections 19-4507 and 19-4508, Idaho Code, and all 30 other procedures incidental to extradition proceedings by executing or sub- 31 scribing in the presence of a judge or magistrate of a court of record within 32 this state a writing which states that he consents to return to the demanding 33 state, except that before the waiver is executed or subscribed to by the per- 34 son it is the duty of the judge or magistrate to inform the person of his 35 right to the issuance or service of a warrant of extradition and the right to 36 contest extradition by habeas corpus as provided in section 19-4510, Idaho 37 Code. 38 (2) If the consent is duly executed, the judge or magistrate shall direct 39 the officer who has custody of the person to deliver the person promptly to 40 the accredited agent or agents of the demanding state and to deliver or cause 41 to be delivered to the agent or agents a copy of the consent. 42 (3) Notwithstanding the provisions of subsections (1) and (2) of this 43 section, a law enforcement agency holding a person who is alleged to have bro- 44 ken the terms of his probation, parole, bail or other release shall immedi- 45 ately deliver the person to the duly authorized agent of the demanding state 46 without the requirement of a governor's warrant if all of the following apply: 47 (a) The person has signed a prior waiver of extradition as a term of his 48 current probation, parole, bail or other release in the demanding state. 49 (b) The law enforcement agency holding the person has received both of 50 the following: 51 (i) An authenticated copy of the prior waiver of extradition signed 52 by the person. 11 1 (ii) A photograph and fingerprints properly identifying the person 2 as the person who signed the waiver. 3 (4) The delivery of a fugitive to an agent of the demanding state does 4 not constitute a waiver by this state of its right, power or privilege to 5 regain custody of the person by extradition, detainer proceedings or other 6 process for the purpose of trial, sentencing or punishment for any criminal 7 offense charged against the person in this state. 8 (5) In any criminal proceeding wherein a court in this state has issued a 9 warrant for the arrest of a person and that person was arrested in any other 10 state, territory or possession of the United States, and that person waives 11 extradition and consents to return to this state, the sheriff of the county 12 where the warrant was issued may contract with an agent for the return of such 13 person to this state, or the sheriff or his deputy may return such person to 14 this state.
STATEMENT OF PURPOSE
RS 17712
This legislation eliminates discrepancies between Idaho's
extradition procedures and those of other states. Idaho's
current extradition statutes originated from the 1927
Uniform Criminal Extradition Act, whereas the majority of
states utilize the Uniform Criminal Extradition Act passed
by the Commission on Uniform State Laws in 1936. The
National Association of Extradition Officials recommends and
endorses the 1936 Uniform Criminal Extradition Act. This
legislation updates Idaho Code to the 1936 act and makes
more uniform the extradition law of this state and other
states, improving the efficiency of the extradition process
authorized under Article IV, Section 2, Clause 2 of the
Constitution of the United States and 18 United States Code
sections 3181-3195, and allowing the State of Idaho to more
greatly facilitate the process of interstate extradition.
FISCAL NOTE
None.
Contact
Name: Bill von Tagen
Phone: 334-4140
STATEMENT OF PURPOSE/FISCAL NOTE H 456