View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1430................................................by JUDICIARY AND RULES
ELECTRONIC DEVICES - FELONY - Adds to existing law relating to criminal
procedure to provide for confiscation and disposal of computer devices and
digital media used in the commission of or in aiding in the commission of a
felony; to define terms; to provide for notice; to provide for filing a
claim; to set forth terms of the hearing; and to provide for disposition of
the property.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, 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 -- Coiner, Gannon
Floor Sponsor - Lodge
Title apvd - to House
02/26 House intro - 1st rdg - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1430 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CRIMINAL PROCEDURE AND DISPOSAL OF PROPERTY ILLEGALLY HELD BY A 3 DEFENDANT; AMENDING CHAPTER 38, TITLE 19, IDAHO CODE, BY THE ADDITION OF A 4 NEW SECTION 19-3808, IDAHO CODE, TO PROVIDE FOR CONFISCATION AND DISPOSAL 5 OF COMPUTER DEVICES AND DIGITAL MEDIA USED IN THE COMMISSION OF OR IN AID- 6 ING IN THE COMMISSION OF A FELONY, TO DEFINE TERMS, TO PROVIDE FOR NOTICE, 7 TO PROVIDE FOR FILING A CLAIM, TO SET FORTH TERMS OF THE HEARING AND TO 8 PROVIDE FOR DISPOSITION OF THE PROPERTY. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Chapter 38, Title 19, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 19-3808, Idaho Code, and to read as follows: 13 19-3808. CONFISCATION OF ELECTRONIC DEVICES AND DIGITAL MEDIA UPON CON- 14 VICTION. (1) At the time any person has pled guilty to or been found guilty of 15 a felony in any court of the state of Idaho, computer devices and digital 16 media used by the person to commit or aid in the commission of the felony may 17 be confiscated and disposed of in accordance with an order of the court before 18 which such person was tried. "Computer devices and digital media," as used in 19 this section, shall mean any electronic devices which are capable of collect- 20 ing, analyzing, creating or transmitting electronic, magnetic, optical, or 21 similar computer impulses or data, including, but not limited to, data proc- 22 essing hardware, internal and peripheral storage devices, recording equipment, 23 cellular telephones, digital cameras including video digital cameras, still 24 digital cameras or web digital cameras, and manuals explaining the operation 25 of the confiscated equipment. 26 (2) Notice of confiscation proceedings shall be given to each owner or 27 person who is believed to have an interest in the property in question by 28 serving a copy of the state's motion describing the property with a notice of 29 hearing on the motion as follows: 30 (a) Upon each owner or interested party whose name and address is known, 31 by mailing a copy of the state's motion to confiscate and notice of hear- 32 ing by certified mail to the owner or party's last known address, or to 33 his attorney; 34 (b) Upon all other owners or interested parties whose addresses are 35 unknown, but who are believed to have an interest in the property, by pub- 36 lishing one (1) notice in a newspaper of general circulation in the county 37 where the property was seized. 38 (3) Within twenty (20) days after the mailing or publication of the 39 notice, the owner of the property in question and any other interested party 40 may file with the court a claim to the property described in the motion to 41 confiscate. 42 (4) If one (1) or more claims are filed, the confiscation proceeding 43 shall be set for hearing at least thirty (30) days after the last timely claim 2 1 is filed. 2 (5) At the confiscation hearing any person who has filed a timely claim 3 may show by competent evidence that the property in question was not used to 4 commit a felony, or that the owner is innocent of any involvement in the acts 5 which led to the prosecution of the defendant, in which case the court may 6 return the property to the owner or interested person or order any other dis- 7 position which is appropriate under the circumstances. 8 (6) If no claim has been filed within twenty (20) days after the state's 9 motion to confiscate and notice of hearing has been mailed or published, the 10 court shall hear evidence concerning the defendant's use of the property. If 11 it finds that the property was used in the commission of a felony or used in 12 aiding in the commission of a felony or, if pursuant to subsection (5) of this 13 section, the court rejects any claim which has been filed, the court may 14 direct the delivery of the property to the law enforcement agency that appre- 15 hended the defendant for its use or for any other disposition in its discre- 16 tion.
STATEMENT OF PURPOSE
RS 17852
The purpose of this bill is to allow police agencies to
confiscate computer devices and digital media used in the
commission of a felony, after a hearing before the district
court. This will allow police agencies to use the equipment
for legitimate police purposes and to analyze the equipment in
order to better fight cyber-crime.
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 S 1430