19-2126. Custody of jury during trial. The jury sworn to try any felony may, at any time during the trial, and after the submission of the cause, in the discretion of the court, be permitted to separate, or they may be kept together, in the charge of a proper officer. Provided however, that in causes where the defendant has been charged with first-degree murder, and the prosecuting attorney has filed a notice of intent to seek the death penalty pursuant to section 18-4004A, Idaho Code, and such notice has not been withdrawn, the jury may not be permitted to separate after submission of the cause and completion of the special sentencing proceeding held pursuant to section 19-2515 or 19-2515A, Idaho Code. Before permitting the jury to separate after the cause has been submitted, the court shall permit counsel to place objections, if any, on the record outside the presence of the jury. In case the court orders the jury to be kept together the county must provide a suitable place for the board and lodging of the jury, at the expense of the county, and when first given custody of the jury the officer or bailiff must be sworn to keep the jury together during each recess and adjournment during the trial; to allow no person to speak to or communicate with them, or any of them, nor to do so himself, on any subject connected with the trial, and to return them into court as ordered by the court.
[(19-2126) Cr. Prac. 1864, sec. 379, p. 258; am. 1881, p. 227, sec. 4; R.S., R.C., & C.L., sec. 7880; C.S., sec. 8966; am. 1929, ch. 14, sec. 1, p. 14; I.C.A., sec. 19-2026; am. 1981, ch. 229, sec. 1, p. 466; am. 1987, ch. 145, sec. 1, p. 290; am. 2002, ch. 94, sec. 11, p. 262; am. 2003, ch. 19, sec. 3, p. 72; am. 2003, ch. 136, sec. 2, p. 394; am. 2008, ch. 22, sec. 1, p. 35.]
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