Idaho Code § 19-2705 — Idaho Code / Title 19 / Chapter 27 / Section 19-2705
19-2705 DEATH SENTENCE OR DEATH WARRANT AND CONFINEMENT THEREUNDER — ACCESS TO CONDEMNED PERSON.
Status: in_force

19-2705. Death sentence or death warrant and confinement thereunder — Access to condemned person. (1) Whenever a person is sentenced to death, the judge passing sentence shall, in accordance with section 19-2719, Idaho Code, sign and file a death warrant fixing a date of execution not more than thirty (30) days thereafter.

(2) The warrant shall be directed to the director of the Idaho department of correction and shall be delivered to him forthwith.

(3) Whenever a person is under death warrant, execution of which has not been stayed, the warden of the prison in which the person is incarcerated shall keep the condemned person in solitary confinement until execution. No person shall be allowed access to the condemned person except law enforcement personnel investigating matters within the scope of their duties, the attorney of record, attending physicians, a spiritual adviser of the condemned's choosing, and members of the immediate family of the condemned, and then only in accordance with prison rules. Persons under death warrant will be allowed contact visits with their attorneys of record and the agents of their attorneys of record. Such visits will take place subject to prison rules. No other contact visits shall be permitted. Prison officials have authority to suspend or deny visits when the safe, secure and orderly operation of the facility or public safety could be compromised.

(4) For purposes of this section a "contact visit" is defined as a meeting between a condemned person and another person during which the parties are not separated by a screen or other partition which prohibits physical contact. Contact visits with attorneys of record or agents of the attorneys of record will take place in a private, confidential setting where the prisoner and his attorney are in the same room.

(5) For the purposes of this section, "agents of the attorneys of record" means employees of the attorneys of record including investigators, paralegals, legal interns and mitigation specialists but does not include retained experts or other independent contractors of the attorneys of record.

(6) For the purposes of this section, "legal intern" means a qualified law student or recent law school graduate who, upon application and approval by the Idaho state bar association, is granted a limited license to engage in the practice of law.

(7) No person shall be allowed access to the condemned person under death warrant except law enforcement personnel investigating matters within the scope of their duties, the condemned person's attorneys of record, the agents of the condemned person's attorneys of record, attending physicians, spiritual advisers of the condemned person's choosing and approved visitors.

(8) When a person has been sentenced to death, but the death warrant has been stayed, contact visits between the condemned person and persons other than his attorneys of record and the agents of the attorneys of record may be allowed at the discretion of prison officials.

(9) All visits, contact or noncontact, with a condemned person, whether such person is under sentence of death or death warrant, shall take place only in accordance with prison rules. Prison officials shall have the authority to suspend or deny such visits when public safety or the safe, secure and orderly operation of the prison could be compromised.

(10) In the seven (7) days immediately preceding the scheduled execution of a condemned person, the condemned person may have contact visits with spiritual advisers of the condemned person's choosing and members of the condemned person's family, in addition to the attorneys of record and the agents of the attorneys of record.

(11) When a person has been sentenced to death, but the death warrant has been stayed, the warden is not required to hold such person in solitary confinement or to restrict access to him until the stay of the death warrant is lifted or a new death warrant is issued by the sentencing court; provided however, no condemned person shall be housed in less than maximum security confinement, and provided further that nothing in this section shall be construed to limit the warden's discretion to house such person under conditions more restrictive if necessary to ensure public safety or the safe, secure and orderly operation of the facility.

(12) Nothing in this section shall be construed to create a liberty interest in the condemned person or to expand the right of access to courts under state or federal law.

History:

[(19-2705) (19-2706) 19-2705, added 1984, ch. 159, sec. 2, p. 387; am. and redesig. 1999, ch. 285, sec. 3, p. 710; am. & redesig. 2003, ch. 282, sec. 2, p. 766.]
Idaho Code § 19-1504 — Idaho Code / Title 19 / Chapter 15 / Section 19-1504
19-1504 ISSUANCE OF BENCH WARRANT.
Status: in_force

19-1504. Issuance of bench warrant. If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear to be arraigned when his personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail or of the money deposited, may direct the clerk to issue a bench warrant for his arrest.

History:

[(19-1504) Cr. Prac. 1864, sec. 257, p. 244; R.S., R.C., & C.L., sec. 7713; C.S., sec. 8850; I.C.A., sec. 19-1404.]
Idaho Code § 19-1115 — Idaho Code / Title 19 / Chapter 11 / Section 19-1115
19-1115 REFUSAL TO GIVE INCRIMINATING EVIDENCE — COMPELLING TO ANSWER OR PRODUCE EVIDENCE — IMMUNITY — PERJURY.
Status: in_force

19-1115. Refusal to give incriminating evidence — Compelling to answer or produce evidence — Immunity — Perjury. In any criminal proceeding or in any investigation or proceeding before a grand jury in connection with any criminal offense, if a person refuses to answer a question or produce evidence of any other kind on the ground that he may be incriminated thereby, and if the prosecuting attorney of the county in writing requests the district court in and for that county to order that person to answer the question or produce the evidence, a judge of the district court shall set a time for hearing and order the person to appear before the court and show cause, if any, why the question should not be answered or the evidence produced, and the court shall order the question answered or the evidence produced unless it finds that to do so would be clearly contrary to the public interest, or could subject the witness to a criminal prosecution in another jurisdiction, and that person shall comply with the order. After complying, and if, but for this section, he would have been privileged to withhold the answer given or the evidence produced by him, the answer given, or evidence produced, and any information directly or indirectly derived from the answer or evidence, may not be used against the compelled person in any manner in a criminal case, except that he may nevertheless be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing or contempt committed in answering, or failing to answer, or in producing, or failing to produce, evidence in accordance with the order.

History:

[19-1115, added 1970, ch. 60, sec. 2, p. 146; am. 2000, ch. 238, sec. 2, p. 669.]
Idaho Code § 19-4217 — Idaho Code / Title 19 / Chapter 42 / Section 19-4217
19-4217 INJUNCTIVE RELIEF AVAILABLE TO PRISONERS AND OTHER INSTITUTIONALIZED PERSONS IN CONDITIONS OF CONFINEMENT CASES.
Status: in_force

19-4217. Injunctive relief available to prisoners and other institutionalized persons in conditions of confinement cases. (1) If the court finds that a prisoner's or other institutionalized person's constitutional rights have been violated involving conditions of confinement, the court may order injunctive relief consistent with and subject to the limitations set forth in this chapter.

(2) If the court concludes that injunctive relief is necessary to cure unconstitutional conditions of confinement, the court shall enter an order subject to the following limitations:

(a) Any order for injunctive relief shall be accompanied by specific findings of fact and conclusions of law;

(b) Injunctive relief shall be narrowly drawn and extend no further than necessary to correct the violation of the constitutional right;

(c) Injunctive relief must be the least intrusive means necessary to correct the constitutional violation;

(d) The court shall give substantial weight to any adverse impact on public safety;

(e) The court shall give substantial deference to the discretion of administrators of the institution or the state, local or private correctional facility;

(f) The administrator of the institution, or of the state, local or private correctional facility shall be given all reasonable opportunities to correct state or federal constitutional errors made in the internal operations of the institution and shall be charged with the task of devising constitutionally sound modifications to their operations.

History:

[19-4217, added 1999, ch. 376, sec. 2, p. 1032; am. 2000, ch. 271, sec. 11, p. 784.]
Idaho Code § 19-4509 — Idaho Code / Title 19 / Chapter 45 / Section 19-4509
19-4509 AUTHORITY OF ARRESTING OFFICER.
Status: in_force

19-4509. Authority of arresting officer. Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.

History:

[(19-4509) 1927, ch. 29, sec. 9, p. 31; I.C.A., sec. 19-4609; am. 2008, ch. 136, sec. 8, p. 388.]
Idaho Code § 19-6020 — Idaho Code / Title 19 / Chapter 60 / Section 19-6020
19-6020 APPOINTMENT OF ADDITIONAL COUNSEL — PRO BONO PROGRAMS.
Status: in_force

19-6020. APPOINTMENT OF ADDITIONAL COUNSEL — PRO BONO PROGRAMS. (1) Should the office of the state public defender be unable to carry out the duties required in this chapter because of a conflict of interest, or any other reason, the state public defender or his designee shall arrange for counsel for indigent defendants to be compensated out of the budget of the office of the state public defender. The state public defender, in his discretion, may also contract with private attorneys to provide representation pursuant to this chapter on a case-by-case basis when such contracts would conserve budgetary resources.

(2) The state public defender is authorized to facilitate and develop with the judicial branch, the Idaho state bar, law schools, and private attorneys and law offices pro bono opportunities to take cases pursuant to this chapter; however, nothing in this subsection requires the office of the state public defender to assign pro bono cases to attorneys who do not meet the requirements and standards for defending attorneys.

History:

[19-6020, added 2024, ch. 270, sec. 5, p. 940.]
Idaho Code § 19-2004 — Idaho Code / Title 19 / Chapter 20 / Section 19-2004
19-2004 CHALLENGE TO PANEL DEFINED — WHO MAY TAKE.
Status: in_force

19-2004. Challenge to panel defined — Who may take. A challenge to the panel is an objection made to all the jurors returned, and may be taken by either party.

History:

[(19-2004) Cr. Prac. 1864, sec. 321, p. 250; R.S., R.C., & C.L., sec. 7818; C.S., sec. 8914; I.C.A., sec. 19-1904.]
Idaho Code § 19-1014 — Idaho Code / Title 19 / Chapter 10 / Section 19-1014
19-1014 RETIREMENT AND DISCHARGE OF JURY.
Status: in_force

19-1014. Retirement and discharge of jury. The grand jury must then retire to a private room and inquire into the offenses cognizable by them. On the completion of the business before them, they must be discharged by the final adjournment of the court.

History:

[(19-1014) Cr. Prac. 1864, secs. 190, 191, p. 236; R.S., R.C., & C.L., sec. 7620; C.S., sec. 8784; I.C.A., sec. 19-914.]
Idaho Code § 19-2110 — Idaho Code / Title 19 / Chapter 21 / Section 19-2110
19-2110 RULES OF EVIDENCE.
Status: in_force

19-2110. Rules of evidence. The rules of evidence in civil actions are applicable also to criminal actions, except as otherwise provided in this code.

History:

[(19-2110) R.S., R.C., & C.L., sec. 7864; C.S., sec. 8950; I.C.A., sec. 19-2010.]
Idaho Code § 19-1719 — Idaho Code / Title 19 / Chapter 17 / Section 19-1719
19-1719 CONVICTION OR ACQUITTAL BARS INCLUDED OFFENSES.
Status: in_force

19-1719. Conviction or acquittal bars included offenses. When the defendant is convicted or acquitted, or has once been placed in jeopardy upon an indictment, the conviction, acquittal or jeopardy is a bar to another indictment for the offense charged in the former, or for an attempt to commit the same, or for an offense included therein, of which he might have been convicted under that indictment.

History:

[I.C., sec. 19-1719 as added by 1972, ch. 336, sec. 7, p. 987.]
Idaho Code § 19-1017 — Idaho Code / Title 19 / Chapter 10 / Section 19-1017
19-1017 SPECIAL GRAND JURY — EXECUTION AND RETURN OF ORDER.
Status: in_force

19-1017. Special grand jury — Execution and return of order. The sheriff must execute the order and return it, with a list of names of the persons summoned.

History:

[(19-1017) Cr. Prac. 1864, sec. 194, p. 236; R.S., R.C., & C.L., sec. 7623; C.S., sec. 8787; I.C.A., sec. 19-917.]
Idaho Code § 19-4108 — Idaho Code / Title 19 / Chapter 41 / Section 19-4108
19-4108 ANSWER AFTER OVERRULING DEMURRER.
Status: in_force

19-4108. Answer after overruling demurrer. If an objection to the sufficiency of the accusation is not sustained, the defendant must answer thereto forthwith.

History:

[(19-4108) Cr. Prac. 1864, sec. 74, p. 222; R.S., R.C., & C.L., sec. 7452; C.S., sec. 8677; I.C.A., sec. 19-4208.]
Idaho Code § 19-2204 — Idaho Code / Title 19 / Chapter 22 / Section 19-2204
19-2204 RETURN OF JURY FOR INFORMATION.
Status: in_force

19-2204. Return of jury for information. After the jury have retired for deliberation, if there is any disagreement between them as to the testimony, or if they desire to be informed on any point of law arising in the cause, they must require the officer to conduct them into court. Upon being brought into court, the information required must be given in the presence of, or after notice to, the prosecuting attorney and the defendant or his counsel, or after they have been called.

History:

[(19-2204) Cr. Prac. 1864, sec. 394, p. 260; R.S., R.C., & C.L., sec. 7903; C.S., sec. 8979; I.C.A., sec. 19-2104.]
Idaho Code § 19-2119 — Idaho Code / Title 19 / Chapter 21 / Section 19-2119
19-2119 DISCHARGE OF JURY FOR WANT OF JURISDICTION — OFFENSE COMMITTED OUT OF STATE.
Status: in_force

19-2119. Discharge of jury for want of jurisdiction — Offense committed out of state. If the jury is discharged because the court has not jurisdiction of the offense charged in the indictment, and it appears that it was committed out of the jurisdiction of this state, the defendant must be discharged.

History:

[(19-2119) Cr. Prac. 1864, sec. 368, p. 257; R.S., R.C., & C.L., sec. 7873; C.S., sec. 8959; I.C.A., sec. 19-2019.]
Idaho Code § 19-1508 — Idaho Code / Title 19 / Chapter 15 / Section 19-1508
19-1508 SERVICE OF WARRANT.
Status: in_force

19-1508. Service of warrant. The bench warrant may be served in any county, in the same manner as a warrant of arrest.

History:

[(19-1508) Cr. Prac. 1864, sec. 263, p. 245; R.S., R.C., & C.L., sec. 7717; C.S., sec. 8854; I.C.A., sec. 19-1408.]
Idaho Code § 19-4202 — Idaho Code / Title 19 / Chapter 42 / Section 19-4202
19-4202 JURISDICTION TO CONSIDER PETITIONS FOR WRIT OF HABEAS CORPUS.
Status: in_force

19-4202. Jurisdiction to consider petitions for writ of habeas corpus. The following courts of this state shall have original jurisdiction to consider a petition for writ of habeas corpus, grant the writ and/or order relief under this chapter:

(1) The supreme court; or

(2) The district court of the county in which the person is detained.

History:

[19-4202, added 1999, ch. 376, sec. 2, p. 1027.]
Idaho Code § 19-4201A — Idaho Code / Title 19 / Chapter 42 / Section 19-4201A
19-4201A DEFINITIONS.
Status: in_force

19-4201A. Definitions. As used in this chapter:

(1) "Correctional facility" means a facility for the confinement of prisoners. Unless otherwise specifically provided, the term shall include a state, local or private correctional facility.

(2) "In-state prisoner" means a person who has been convicted of a crime in the state of Idaho and is either incarcerated in a correctional facility for that crime or is in custody for trial and sentencing.

(3) "Institution" or "state or county institution" means a place owned or operated by or under the control of the state or county in which a person other than a prisoner is restrained and with respect to which restraint the person may file a petition for a writ of habeas corpus under the provisions of this chapter.

(4) "Local correctional facility" means a facility for the confinement of prisoners operated by or under the control of a county or city. The term shall include any reference to "jail" or "county jail."

(5) "Out-of-state prisoner" means a person who has been convicted of and sentenced for a crime in a state other than the state of Idaho, or under the laws of the United States or other foreign jurisdiction, and who is being housed in any state, local or private correctional facility in the state of Idaho, or who is being transported in any manner within or through the state of Idaho.

(6) "Prisoner" includes an in-state or out-of-state prisoner, unless otherwise specifically provided or unless the context clearly indicates otherwise.

(7) "Private correctional facility" means a correctional facility owned or operated in the state of Idaho by a private prison contractor.

(8) "Private prison contractor" means any person, organization, partnership, joint venture, corporation or other business entity engaged in the site selection, design, design/building, acquisition, construction, construction/management, financing, maintenance, leasing, leasing/purchasing, management or operation of private correctional facilities or any combination of these services.

(9) "State correctional facility" means a correctional facility owned or operated by or under the control of the state of Idaho.

History:

[19-4201A, added 2000, ch. 271, sec. 1, p. 778.]
Idaho Code § 19-1018 — Idaho Code / Title 19 / Chapter 10 / Section 19-1018
19-1018 DRAWING OF SPECIAL JURY.
Status: in_force

19-1018. Drawing of special jury. At the time appointed the list must be called over, and the names of those in attendance be written by the clerk on separate ballots and put into a box, from which a grand jury must be drawn.

History:

[(19-1018) Cr. Prac. 1864, sec. 195, p. 236; R.S., R.C., & C.L., sec. 7624; C.S., sec. 8788; I.C.A., sec. 19-918.]
Idaho Code § 19-3917 — Idaho Code / Title 19 / Chapter 39 / Section 19-3917
19-3917 VERDICT.
Status: in_force

19-3917. Verdict. The verdict of the jury must in all cases be general. When the jury have agreed on their verdict they must deliver it publicly to the court, who must enter it or cause it to be entered, in the minutes.

History:

[(19-3917) Cr. Prac. 1864, secs. 607, 608, p. 288; R.S., R.C., & C.L., sec. 8295; C.S., sec. 9243; I.C.A., sec. 19-4017.]
Idaho Code § 19-2107 — Idaho Code / Title 19 / Chapter 21 / Section 19-2107
19-2107 DISCHARGE OF CODEFENDANT FOR USE AS WITNESS.
Status: in_force

19-2107. Discharge of codefendant for use as witness. When two (2) or more persons are included in the same indictment, the court may, at any time before the defendants have gone into their defense, on the application of the prosecuting attorney, direct any defendant to be discharged from the indictment, that he may be a witness for the people.

History:

[19-2107, added 1972, ch. 336, sec. 8, p. 988.]
Idaho Code § 19-6002 — Idaho Code / Title 19 / Chapter 60 / Section 19-6002
19-6002 DEFINITIONS.
Status: in_force

19-6002. Definitions. As used in this chapter:

(1) "Defending attorney" means any attorney employed by an indigent defense provider or otherwise under contract to represent adults or juveniles at public expense, consistent with the provisions of this chapter.

(2) "Detain" means to have in custody or otherwise deprive of freedom of action.

(3) "Expenses," when used with reference to representation pursuant to this chapter, includes the expenses of investigation, experts, testing, and other pretrial preparation, trials, post-verdict motions, and post-conviction relief proceedings brought pursuant to the uniform post-conviction procedure act, chapter 49, title 19, Idaho Code.

(4) "Indigent defense provider" means the office of the state public defender or any agency, entity, organization, or person selected by the office for the direct provision of indigent defense services as a means to provide for the representation of indigent persons and other individuals who are entitled to be represented by an attorney at public expense.

(5) "Indigent person" means a person who, at the time his need is determined pursuant to section 19-6009, Idaho Code, is unable to provide for the full payment of an attorney and all other necessary expenses of representation.

(6) "Serious crime" means any offense for which the penalty includes the possibility of confinement, incarceration, imprisonment, or detention in a correctional facility, regardless of whether actually imposed.

History:

[19-6002, added 2023, ch. 220, sec. 1, p. 661.]
Idaho Code § 19-820 — Idaho Code / Title 19 / Chapter 8 / Section 19-820
19-820 UNDERTAKING OF WITNESSES TO APPEAR.
Status: in_force

19-820. Undertaking of witnesses to appear. On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the people a written undertaking to the effect that he will appear and testify at the court to which the depositions and statements are to be sent, or that he will forfeit the sum of $500.00.

History:

[(19-820) Cr. Prac. 1864, sec. 166, p. 233; R.S., R.C., & C.L., sec. 7584; C.S., sec. 8762; I.C.A., sec. 19-720.]
Idaho Code § 19-1428 — Idaho Code / Title 19 / Chapter 14 / Section 19-1428
19-1428 INDICTMENT FOR SELLING OBSCENE BOOKS.
Status: in_force

19-1428. Indictment for selling obscene books. An indictment for exhibiting, publishing, passing, selling, or offering to sell, or having in possession, with such intent, any lewd or obscene book, pamphlet, picture, print, card, paper, or writing, need not set forth any portion of the language used or figures shown upon such book, pamphlet, picture, print, card, paper, or writing; but it is sufficient to state generally the fact of the lewdness or obscenity thereof.

History:

[(19-1428) R.S., R.C., & C.L., sec. 7695; C.S., sec. 8843; I.C.A., sec. 19-1328.]
Idaho Code § 19-3921 — Idaho Code / Title 19 / Chapter 39 / Section 19-3921
19-3921 PROCEEDINGS ON PLEA OF GUILTY.
Status: in_force

19-3921. Proceedings on plea of guilty. When the defendant pleads guilty, or is convicted either by the court or by a jury, the court must render judgment thereon of fine or imprisonment, or both, as the case may be: provided, however, it appearing to the court that it is a proper case, the court may, in its discretion, suspend the execution of judgment, and at such time, or any time during the period of sentence in a county jail, may put the defendant on probation on such terms and for such time as it may prescribe. The period of probation ordered by the court under this section under a conviction or plea of guilty for a misdemeanor, indictable or otherwise, may be for a period of not more than two (2) years; provided that the court may extend the period of probation to include the period of time during which the defendant is a participant in a problem solving court program and for a period of up to one (1) year after a defendant's graduation or termination from a problem solving court program. The court may withhold judgment on such terms and conditions as it deems necessary or expedient.

History:

[(19-3921) Cr. Prac. 1864, sec. 612, p. 289; R.S., R.C., & C.L., sec. 8299; C.S., sec. 9247; I.C.A., sec. 19-4021; am. 1937, ch. 60, sec. 1, p. 82; am. 1949, ch. 145, sec. 1, p. 300; am. 1973, ch. 292, sec. 2, p. 615; am. 2012, ch. 46, sec. 2, p. 141.]
Idaho Code § 19-2309 — Idaho Code / Title 19 / Chapter 23 / Section 19-2309
19-2309 JUDGMENT ON SPECIAL VERDICT.
Status: in_force

19-2309. Judgment on special verdict. The court must give judgment upon the special verdict as follows:

1. If the plea is not guilty and the facts prove the defendant guilty of the offense charged in the indictment, or of any other offense of which he could be convicted under that indictment, judgment must be given accordingly. But if otherwise, judgment of acquittal must be given.

2. If the plea is a former conviction or acquittal of the same offense, the court must give judgment of acquittal or conviction, as the facts prove or fail to prove the former conviction or acquittal.

History:

[(19-2309) Cr. Prac. 1864, sec. 409, p. 261; R.S., R.C., & C.L., sec. 7923; C.S., sec. 8994; I.C.A., sec. 19-2209.]
Idaho Code § 19-2006 — Idaho Code / Title 19 / Chapter 20 / Section 19-2006
19-2006 CHALLENGE TO PANEL — WHEN AND HOW TAKEN.
Status: in_force

19-2006. Challenge to panel — When and how taken. A challenge to the panel must be taken before a juror is sworn, and must be in writing, and must plainly and distinctly state the facts constituting the ground of challenge.

History:

[(19-2006) Cr. Prac. 1864, sec. 323, p. 250; R.S., R.C., & C.L., sec. 7820; C.S., sec. 8916; I.C.A., sec. 19-1906.]
Idaho Code § 19-6304 — Idaho Code / Title 19 / Chapter 63 / Section 19-6304
19-6304 ESCROW ACCOUNT.
Status: in_force

19-6304. escrow account. Any person or company who pays an offender for work that exploits the notoriety of a crime shall send such payment to the Idaho state treasurer, who shall place the payment in an interest-bearing escrow account for five (5) years unless extended by court order upon a showing of good cause. The state treasurer, in consultation with the attorney general and subject to legislative approval, shall adopt rules for such escrow administration.

History:

[19-6304, added 2026, ch. 39, sec. 2, p. 168.]
Idaho Code § 19-1901 — Idaho Code / Title 19 / Chapter 19 / Section 19-1901
19-1901 ISSUE OF FACT DEFINED.
Status: in_force

19-1901. Issue of fact defined. An issue of fact arises:

1. Upon a plea of not guilty.

2. Upon a plea of a former conviction or acquittal of the same offense.

3. Upon a plea of once in jeopardy.

History:

[(19-1901) Cr. Prac. 1864, sec. 311, p. 250; R.S., R.C., & C.L., sec. 7780; C.S., sec. 8903; I.C.A., sec. 19-1801.]
Idaho Code § 19-6001 — Idaho Code / Title 19 / Chapter 60 / Section 19-6001
19-6001 SHORT TITLE.
Status: in_force

19-6001. short title. This chapter shall be known and may be cited as the "State Public Defender Act."

History:

[19-6001, added 2023, ch. 220, sec. 1, p. 661.]
Idaho Code § 19-5110 — Idaho Code / Title 19 / Chapter 51 / Section 19-5110
19-5110 POLITICAL SUBDIVISIONS — APPLICATION FOR AID — REQUIREMENTS.
Status: in_force

19-5110. Political subdivisions — Application for aid — Requirements. Any political subdivision or state agency which desires to receive aid pursuant to this chapter shall make application upon a form supplied by the council. Applications submitted pursuant to section 19-5109, Idaho Code, shall be accompanied by a certified copy of an ordinance adopted by its governing body providing that, while receiving any aid pursuant to this act, such political subdivision will adhere to the standards for recruitment and training established by the council or a certified copy of the agency's or political subdivision's merit rules, regulations or requirements.

History:

[19-5110, added 1981, ch. 307, sec. 2, p. 631.]
Idaho Code § 19-2201 — Idaho Code / Title 19 / Chapter 22 / Section 19-2201
19-2201 JURY ROOM TO BE PROVIDED BY COMMISSIONERS.
Status: in_force

19-2201. Jury room to be provided by commissioners. A room must be provided by the commissioners of each county for the use of the jury upon their retirement for deliberation, with suitable furniture, fuel, lights and stationery. If the commissioners neglect, the court may order the sheriff to do so, and the expenses incurred by him in carrying the order into effect, when certified by the court, are a county charge.

History:

[(19-2201) Cr. Prac. 1864, sec. 390, p. 260; R.S., R.C., & C.L., sec. 7900; C.S., sec. 8976; I.C.A., sec. 19-2101.]
Idaho Code § 19-3004A — Idaho Code / Title 19 / Chapter 30 / Section 19-3004A
19-3004A ADMINISTRATIVE SUBPOENA — ELECTRONIC COMMUNICATION AND REMOTE COMPUTING SERVICES.
Status: in_force

19-3004A. administrative subpoena — electronic communication and remote computing services. (1) A provider of an electronic communication service or remote computing service that is transacting or has transacted any business in the state shall disclose the following to a prosecuting attorney or the attorney general pursuant to an administrative subpoena issued by the prosecuting attorney or attorney general:

(a) Records and information in its possession containing the name, address, local and long distance telephone connection records, or records of session times and durations, length of service, including the start date; and

(b) Records and information in its possession containing the types of service utilized, telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and

(c) Records and information in its possession relating to the means and source of payment for such service pertaining to a subscriber to or customer of such service.

The provider of an electronic communication service or remote computing service shall deliver the records to the prosecuting attorney or attorney general within fourteen (14) days of receipt of the subpoena.

(2) For the purpose of this section, the following definitions shall apply:

(a) "Electronic communication service" has the same meaning as provided in section 18-6701(13), Idaho Code.

(b) "Remote computing service" means the provision to the public of computer storage or processing service by means of an electronic communications system as defined in section 18-6701(12), Idaho Code.

(3) In order to obtain the records or information, the prosecuting attorney or attorney general shall certify on the face of the subpoena that there is reason to believe that the records or information being sought are relevant to a legitimate law enforcement investigation concerning a violation of section 18-1505B, 18-1506, 18-1506A, 18-1507, 18-1507C, 18-1508, 18-1508A, 18-1509, 18-1509A, 18-1515, 18-2202, or 18-6605, Idaho Code.

(4) No subpoena issued pursuant to this section shall demand records that disclose the content of electronic communications or subscriber account records disclosing internet locations which have been accessed including, but not limited to, websites, chat channels and news groups, but excluding servers used to initially access the internet. No recipient of a subpoena issued pursuant to this section shall provide any such content or records accessed, in response to the subpoena.

(5) On a motion made by the electronic communication service or remote computing service provider prior to the time for appearance or the production of documents under the subpoena issued pursuant to this section, a court of competent jurisdiction may quash or modify the administrative subpoena if the provider establishes that the records or other information requested are unusually voluminous in nature or if compliance with the subpoena would otherwise cause an undue burden on the service provider.

(6) No cause of action shall lie in any court against an electronic communication service or remote computing service provider, its officers, employees, agents or other specified persons for providing information, facilities or assistance in accordance with the terms of an administrative subpoena issued under this section.

(7) A person who is subpoenaed under this section and who fails to appear or produce materials as required by the subpoena, or who refuses to be sworn or give testimony, may be found to be in contempt of court. Proceedings to hold a person in contempt under this subsection may be brought in the county where the subpoena was issued.

(8) Nothing in this section shall limit the right of a prosecuting attorney or the attorney general to otherwise obtain records or information from a provider of electronic communication service or remote computing service pursuant to a search warrant, a court order or a grand jury or trial subpoena.

History:

[19-3004A, added 2009, ch. 61, sec. 1, p. 166; am. 2012, ch. 269, sec. 5, p. 755; am. 2022, ch. 124, sec. 22, p. 456; am. 2026, ch. 202, sec. 1, p. 877.]
Idaho Code § 19-2522 — Idaho Code / Title 19 / Chapter 25 / Section 19-2522
19-2522 EXAMINATION OF DEFENDANT FOR EVIDENCE OF MENTAL CONDITION — APPOINTMENT OF PSYCHIATRISTS OR LICENSED PSYCHOLOGISTS — HOSPITALIZATION — REPORTS.
Status: in_force

19-2522. Examination of defendant for evidence of mental condition — Appointment of psychiatrists or licensed psychologists — Hospitalization — Reports. (1) If there is reason to believe the mental condition of the defendant will be a significant factor at sentencing and for good cause shown, the court shall appoint at least one (1) psychiatrist or licensed psychologist to examine and report upon the mental condition of the defendant. The costs of examination shall be paid by the defendant if he is financially able. The determination of ability to pay shall be made in accordance with chapter 8, title 19, Idaho Code. The order appointing or requesting the designation of a psychiatrist or licensed psychologist shall specify the issues to be resolved for which the examiner is appointed or designated.

(2) In making such examination, any method may be employed which is accepted by the examiner's profession for the examination of those alleged to be suffering from a mental illness or defect.

(3) The report of the examination shall include the following:

(a) A description of the nature of the examination;

(b) A diagnosis, evaluation or prognosis of the mental condition of the defendant;

(c) An analysis of the degree of the defendant's illness or defect and level of functional impairment;

(d) A consideration of whether treatment is available for the defendant's mental condition;

(e) An analysis of the relative risks and benefits of treatment or nontreatment;

(f) A consideration of the risk of danger which the defendant may create for the public if at large.

(4) The report of the examination shall be filed in triplicate with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the defendant.

(5) When the defendant wishes to be examined by an expert of his own choice, such examiner shall be permitted to have reasonable access to the defendant for the purpose of examination.

(6) If a mental health examination of the defendant has previously been conducted, whether pursuant to section 19-2524, Idaho Code, or for any other purpose, and a report of such examination has been submitted to the court, and if the court determines that such examination and report provide the necessary information required in subsection (3) of this section, and the examination is sufficiently recent to reflect the defendant's present mental condition, then the court may consider such prior examination and report as the examination and report required by this section and need not order an additional examination of the defendant's mental condition. The provisions of this subsection shall not apply to examinations and reports performed or prepared pursuant to section 18-211 or 18-212, Idaho Code, for the purpose of determining the defendant's fitness to proceed, unless the defendant knowingly, voluntarily and intelligently consents to having such examination and report used at sentencing.

(7) Nothing in this section is intended to limit the consideration of other evidence relevant to the imposition of sentence.

History:

[19-2522, added 1982, ch. 368, sec. 9, p. 925; am. 2009, ch. 124, sec. 1, p. 390; am. 2012, ch. 225, sec. 1, p. 611.]
Idaho Code § 19-1511 — Idaho Code / Title 19 / Chapter 15 / Section 19-1511
19-1511 COMMITMENT OF DEFENDANT.
Status: in_force

19-1511. Commitment of defendant. If the defendant is present when the order is made he must be forthwith committed. If he is not present a bench warrant must be issued and proceeded upon in the manner provided in this chapter.

History:

[(19-1511) Cr. Prac. 1864, sec. 266, p. 246; R.S., R.C., & C.L., sec. 7720; C.S., sec. 8857; I.C.A., sec. 19-1411.]
Idaho Code § 19-1123 — Idaho Code / Title 19 / Chapter 11 / Section 19-1123
19-1123 SECRECY ENJOINED — EXCEPTIONS — USE AND AVAILABILITY OF EVIDENCE.
Status: in_force

19-1123. Secrecy enjoined — Exceptions — Use and availability of evidence. (1) No individual, who is present during a special inquiry judge proceeding or who shall gain information with regard to said inquiry, shall disclose the testimony of a witness examined before the special inquiry judge or other evidence received by him, except such testimony or evidence may be disclosed in the following cases: when the district court requires disclosure of such testimony to determine whether it is consistent with testimony given by the witness before district court; by a prosecuting attorney when communicating with any law enforcement officer; upon a charge against the witness for perjury in giving his testimony in the special inquiry judge proceeding or upon trial therefor; or when permitted by the district court in the furtherance of justice.

(2) The prosecuting attorney shall have access to all special inquiry judge evidence and may introduce such evidence before any grand jury or judicial proceeding in which the same may be relevant.

(3) Any witness testimony, given before a special inquiry judge and relevant to any subsequent proceeding against the witness, shall be made available to the witness upon proper application to the district court. The district court may also, upon proper application and upon a showing of good cause, make available to a defendant in a subsequent criminal proceeding other testimony or evidence when given or presented before a special inquiry judge, if the court finds that doing so is necessary to prevent an injustice and that there is no reason to believe that doing so would endanger the life or safety of any witness or his family. The cost of any such transcript made available shall be borne by the applicant.

History:

[19-1123, added 1980, ch. 251, sec. 8, p. 663.]
Idaho Code § 19-4308 — Idaho Code / Title 19 / Chapter 43 / Section 19-4308
19-4308 WARRANT FOR ARREST OF ACCUSED.
Status: in_force

19-4308. Warrant for arrest of accused. If the jury find that the person was killed by another, under circumstances not excusable or justifiable by law, or that his death was occasioned by the act of another by criminal means, and the party committing the act is ascertained by the inquisition, and is not in custody, the coroner must issue a warrant, signed by him, with his name of office, into one (1) or more counties, as may be necessary, for the arrest of the person charged.

History:

[(19-4308) 1863, p. 475, sec. 142; R.S., R.C., & C.L., sec. 8384; C.S., sec. 9316; I.C.A., sec. 19-4408.]
Idaho Code § 19-3801 — Idaho Code / Title 19 / Chapter 38 / Section 19-3801
19-3801 DISPOSAL OF STOLEN PROPERTY.
Status: in_force

19-3801. Disposal of stolen property. When property, alleged to have been stolen or embezzled, comes into the custody of a peace officer, he must hold it subject to the order of the magistrate authorized by the next section to direct the disposal thereof.

History:

[(19-3801) Cr. Prac. 1864, sec. 589, p. 285; R.S., R.C., & C.L., sec. 8238; C.S., sec. 9192; I.C.A., sec. 19-3701.]
Idaho Code § 19-2519 — Idaho Code / Title 19 / Chapter 25 / Section 19-2519
19-2519 ENTRY OF JUDGMENT — RECORD.
Status: in_force

19-2519. Entry of judgment — Record. (a) When judgment upon a conviction is rendered, the clerk must enter the same upon the minutes, stating briefly the offense for which the conviction was had and must without unnecessary delay annex together and file the following papers, which constitute a record of the action:

1. A copy of the minutes of a challenge interposed by the defendant to the panel of a grand jury, or to an individual grand juror, and the proceedings and the decisions thereon.

2. The indictment and copy of the minutes of the plea or demurrer.

3. A copy of the minutes of a challenge interposed to the panel of the trial jury or to an individual juror, and the proceedings and decision thereon.

4. A copy of the minutes of the trial.

5. A copy of the minutes of the judgment.

6. Any bill or bills of exceptions.

7. The written charges asked of the court, and refused with the court's endorsement thereon.

8. A copy of all requested instruction showing those given and those refused with the court's endorsement thereon, together with a copy of all instructions given on the court's own motion.

(b) As soon as possible upon entry of the judgment of conviction the clerk shall deliver to the sheriff of the county a certified copy of the judgment along with a copy of the presentence investigation report, if any, for delivery to the director of correction pursuant to section 20-237, Idaho Code.

History:

[(19-2519) Cr. Prac. 1864, sec. 449, p. 267; R.S. & R.C., sec. 7996; am. 1915, ch. 149, p. 323; reen. C.L., sec. 7996; C.S., sec. 9040; I.C.A., sec. 19-2419; am. 1991, ch. 116, sec. 2, p. 245.]
Idaho Code § 19-2403 — Idaho Code / Title 19 / Chapter 24 / Section 19-2403
19-2403 RULINGS DEEMED EXCEPTED TO.
Status: in_force

19-2403. Rulings deemed excepted to. The ruling and decision of the court in criminal cases disallowing a challenge to the panel of the jury, or to any individual juror, for any of the causes set forth in sections 19-2018, 19-2019 shall be deemed excepted to on the part of the defendant.

History:

[(19-2403) 1905, p. 328, sec. 1; reen. R.C. & C.L., sec. 7947; C.S., sec. 9014; I.C.A., sec. 19-2304.]
Idaho Code § 19-615 — Idaho Code / Title 19 / Chapter 6 / Section 19-615
19-615 PROCEDURE UPON ARREST WITHOUT WARRANT.
Status: in_force

19-615. Procedure upon arrest without warrant. When an arrest is made without a warrant by a peace officer or private person the person arrested must, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the arrest is made, and an information, stating the charge against the person, must be laid before such magistrate.

History:

[(19-615) Cr. Prac. 1864, sec. 140, p. 230; R.S., R.C., & C.L., sec. 7552; C.S., sec. 8738; I.C.A., sec. 19-615.]
Idaho Code § 19-220 — Idaho Code / Title 19 / Chapter 2 / Section 19-220
19-220 PUBLIC PEACE — HOW PRESERVED.
Status: in_force

19-220. Public peace — How preserved. The mayor or other officer having the direction of the police of a city or town, must order a force sufficient to preserve the peace to attend any public meeting, when he is satisfied that a breach of the peace is reasonably apprehended.

History:

[(19-220) Cr. Prac. 1864, sec. 33. p. 217; R.S., R.C., & C.L., sec. 7394; C.S., sec. 8644; I.C.A., sec. 19-220.]
Idaho Code § 19-403 — Idaho Code / Title 19 / Chapter 4 / Section 19-403
19-403 MISDEMEANORS.
Status: in_force

19-403. Misdemeanors. (1) Except as otherwise provided in this section, a prosecution for any misdemeanor must be commenced by the filing of the complaint or the finding of an indictment within one (1) year after its commission.

(2) A prosecution for failure to report or failure to cause to be reported the abuse, abandonment, or neglect of a child as provided for in section 16-1605, Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within four (4) years after its commission.

(3) A prosecution for misuse of funds as provided for in section 18-5702(1), Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after its commission.

(4) A prosecution for a misdemeanor that was dismissed pursuant to section 19-3509, Idaho Code, must be refiled no later than two (2) years after its dismissal.

History:

[19-403, as added by 1972, ch. 336, sec. 5, p. 986; am. 2007, ch. 124, sec. 1, p. 374; am. 2008, ch. 56, sec. 5, p. 146; am. 2019, ch. 305, sec. 5, p. 911.]
Idaho Code § 19-1101 — Idaho Code / Title 19 / Chapter 11 / Section 19-1101
19-1101 POWERS AND DUTIES IN GENERAL.
Status: in_force

19-1101. Powers and duties in general. The grand jury must inquire into all public offenses committed or triable within the county, and present them to the court, either by presentment or by indictment.

History:

[(19-1101) Cr. Prac. 1864, sec. 201, p. 237; R.S., R.C., & C.L., sec. 7630; C.S., sec. 8789; I.C.A., sec. 19-1001.]
Idaho Code § 19-518 — Idaho Code / Title 19 / Chapter 5 / Section 19-518
19-518 DUTIES OF OFFICER.
Status: in_force

19-518. Duties of officer. The officer who executes the warrant must take the defendant before the magistrate most accessible to the witnesses for the prosecution, but in the county in which the offense is triable, and must deliver to him the complaint and the warrant, with his return indorsed thereon, and the magistrate must then proceed in the same manner as upon a warrant issued by himself.

History:

[(19-518) Cr. Prac. 1864, sec. 119, p. 228; R.S., R.C., & C.L., sec. 7532; C.S., sec. 8723; I.C.A., sec. 19-518; am. 1969, ch. 79, sec. 6, p. 230.]
Idaho Code § 19-1414 — Idaho Code / Title 19 / Chapter 14 / Section 19-1414
19-1414 ALLEGATION AS TO TIME.
Status: in_force

19-1414. Allegation as to time. The precise time at which the offense was committed need not be stated in the indictment; but it may be alleged to have been committed at any time before the finding thereof, except where the time is a material ingredient in the offense.

History:

[(19-1414) Cr. Prac. 1864, sec. 238, p. 242; R.S., R.C., & C.L., sec. 7682; C.S., sec. 8830; I.C.A., sec. 19-1314.]
Idaho Code § 19-1005 — Idaho Code / Title 19 / Chapter 10 / Section 19-1005
19-1005 DECISION UPON CHALLENGE.
Status: in_force

19-1005. Decision upon challenge. The court must allow or disallow the challenge, and the clerk must enter its decisions upon the minutes.

History:

[(19-1005) Cr. Prac. 1864, sec. 181, 235; R.S., R.C., & C.L., sec. 7611; C.S., sec. 8775; I.C.A., sec. 19-905.]
Idaho Code § 19-2515A — Idaho Code / Title 19 / Chapter 25 / Section 19-2515A
19-2515A IMPOSITION OF DEATH PENALTY UPON MENTALLY RETARDED PERSON PROHIBITED.
Status: in_force

19-2515A. Imposition of death penalty upon mentally retarded person prohibited. (1) As used in this section:

(a) "Mentally retarded" means significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least two (2) of the following skill areas: communication, self-care, home living, social or interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health and safety. The onset of significant subaverage general intelligence functioning and significant limitations in adaptive functioning must occur before age eighteen (18) years.

(b) "Significantly subaverage general intellectual functioning" means an intelligence quotient of seventy (70) or below.

(2) In any case in which the state has provided notice of an intent to seek the death penalty pursuant to section 18-4004A, Idaho Code, and where the defendant intends to claim that he is mentally retarded and call expert witnesses concerning such issue, the defendant shall give notice to the court and the state of such intention at least ninety (90) days in advance of trial, or such other period as justice may require, and shall apply for an order directing that a mental retardation hearing be conducted. Upon receipt of such application, the court shall promptly conduct a hearing without a jury to determine whether the defendant is mentally retarded; provided however, that no court shall, over the objection of any party, receive the evidence of any expert witness on the issue of mental retardation unless such evidence is fully subject to the adversarial process in at least the following particulars:

(a) If a defendant fails to provide notice as required in this subsection, an expert witness shall not be permitted to testify until such time as the state has a complete opportunity to consider the substance of such testimony and prepare for rebuttal through such opposing experts as the state may choose.

(b) A party who expects to call an expert witness to testify on the issue of mental retardation shall, on a schedule to be set by the court, furnish to the opposing party a written synopsis of the findings of such expert or a copy of a written report. The court may authorize the taking of depositions to inquire further into the substance of such synopsis or report.

(c) Raising the issue of mental retardation shall constitute a waiver of any privilege that might otherwise be interposed to bar the production of evidence on the subject and, upon request, the court shall order that the state's experts shall have access to the defendant in such cases for the purpose of having its own experts conduct an examination in preparation for any legal proceeding at which the defendant's mental retardation may be in issue.

(d) The court is authorized to appoint at least one (1) expert at public expense upon a showing by an indigent defendant that there is a need to inquire into questions of the defendant's mental retardation. The defendant shall pay the costs of examination if he is financially able. The determination of ability to pay shall be made in accordance with chapter 8, title 19, Idaho Code. The report of the examination shall be filed in triplicate with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the defendant.

(e) If an examination cannot be conducted by reason of the unwillingness of the defendant to cooperate with either a court-appointed examiner or with any state expert, the examiner or expert shall so advise the court in writing and include, if possible, an opinion as to whether such unwillingness of the defendant was the result of mental retardation. The court may consider the defendant's lack of cooperation for its effect on the credibility of the defendant's mental retardation claim.

(3) If the court finds by a preponderance of the evidence that the defendant is mentally retarded, the death penalty shall not be imposed. The jury shall not be informed of the mental retardation hearing or the court's findings concerning the defendant's claim of mental retardation.

(4) In the event of a conviction of first-degree murder of a person who has been found to be mentally retarded pursuant to subsections (2) and (3) of this section, a special sentencing proceeding shall be held promptly to determine whether the state has proven beyond a reasonable doubt the existence of any of the statutory aggravating circumstances set forth in subsections 19-2515(9)(a) through (k), Idaho Code.

(a) The special sentencing proceeding shall be conducted before a jury unless a jury is waived by the defendant with the consent of the prosecuting attorney.

(i) If the defendant's guilt was determined by a jury verdict, the same jury shall hear the special sentencing proceeding; provided however, that if it is impracticable to reconvene the same jury to hear the special sentencing proceeding due to an insufficient number of jurors, the trial court may dismiss that jury and convene a new jury of twelve (12) persons, plus alternate jurors as the trial court deems necessary pursuant to section 19-1904, Idaho Code.

(ii) If the defendant's guilt was determined by a plea of guilty or by a decision of the trial court sitting without a jury, or if a retrial of the special sentencing proceeding is necessary for any reason including, but not limited to, a mistrial in a previous special sentencing proceeding or as a consequence of a remand from an appellate court, the trial court shall impanel a jury of twelve (12) persons, plus alternate jurors as the trial court deems necessary pursuant to section 19-1904, Idaho Code, unless such jury is waived.

(iii) If a special sentencing proceeding is conducted before a newly impaneled jury, the state and the defense may present evidence to inform the jury of the nature and circumstances of the murder for which the defendant was convicted. The newly impaneled jury shall be instructed that the defendant has previously been found guilty of first-degree murder and that the jury's purpose is limited to making findings relevant for sentencing.

(b) At the special sentencing proceeding, the state and the defendant shall be entitled to present all evidence relevant to the determination of whether or not a statutory aggravating circumstance has been proven beyond a reasonable doubt. Disclosure of evidence to be relied on in the sentencing proceeding shall be made in accordance with Idaho criminal rule 16. Evidence admitted at trial shall be considered and need not be repeated at the sentencing hearing.

(c) If a unanimous jury, or the court if a jury is waived, finds the existence of a statutory aggravating circumstance beyond a reasonable doubt, the court shall impose a fixed life sentence. If a unanimous jury, or the court if a jury is waived, does not find the existence of a statutory aggravating circumstance beyond a reasonable doubt, the court shall impose a life sentence with a minimum period of confinement of not less than ten (10) years during which period of confinement the defendant shall not be eligible for parole or discharge or credit or reduction of sentence for good conduct, except for meritorious service.

(5) Nothing in this section is intended to alter the application of any rule of evidence or limit or extend the right of any party to assert any claim or defense otherwise available to that party.

(6) Any remedy available by post-conviction procedure or habeas corpus shall be pursued according to the procedures and time limits set forth in section 19-2719, Idaho Code.

History:

[19-2515A, added 2003, ch. 136, sec. 4, p. 398; am. 2006, ch. 129, sec. 2, p. 378.]
Idaho Code § 19-1306 — Idaho Code / Title 19 / Chapter 13 / Section 19-1306
19-1306 PROSECUTING ATTORNEY TO INQUIRE INTO FACTS.
Status: in_force

19-1306. Prosecuting attorney to inquire into facts. It shall be the duty of the prosecuting attorney to inquire into and make full examination of all the facts and circumstances connected with any case of preliminary examination as provided by law, touching the commission of any offense wherein the offender shall be committed to jail or become recognized or held to bail, and if the prosecuting attorney shall determine in any such case that an information ought not to be filed, he shall make, subscribe and file with the clerk of the court a statement in writing containing his reasons, in fact and in law, for not filing an information in such case, and such statement shall be filed at and during the term of court at which the offender shall be held for his appearance: provided, that in such case such court may examine said statement, together with the evidence filed in the case; and if, upon such examination, the court shall not be satisfied with said statement, the prosecuting attorney shall be directed by the court to file the proper information and bring the case to trial.

History:

[(19-1306) 1890-1891, p. 184, sec. 6; reen. 1899, p. 125, sec. 6; reen. R.C. & C.L., sec. 7660; C.S., sec. 8814; I.C.A., sec. 19-1206.]
Idaho Code § 19-2512A — Idaho Code / Title 19 / Chapter 25 / Section 19-2512A
19-2512A COLLECTION OF DNA SAMPLE AND THUMBPRINT IMPRESSION.
Status: in_force

19-2512A. collection of dna sample and thumbprint impression. At the time of a guilty plea, conviction, or sentencing, the court shall order the collection of a DNA sample and thumbprint impression from any person who is convicted of, or pleads guilty to, any serious crime, as defined in section 19-5502(10), Idaho Code, according to the process set forth in this chapter.

History:

[19-2512A, added 2026, ch. 40, sec. 1, p. 169.]
Idaho Code § 19-3015 — Idaho Code / Title 19 / Chapter 30 / Section 19-3015
19-3015 COURT ORDER.
Status: in_force

19-3015. Court order. If at the hearing the judge determines (1) that the witness may be material and necessary, (2) that his attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness, (3) that the laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order, and (4) that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass, the judge shall issue an order, with a copy of the certificate attached, (a) directing the witness to attend and testify, (b) directing the person having custody of the witness to produce him, in the court where the criminal action is pending, or where the grand jury investigation is pending, at a time and place specified in the order, and (c) prescribing such conditions as the judge shall determine.

History:

[19-3015, added 1959, ch. 10, sec. 3, p. 25.]
Idaho Code § 19-3922 — Idaho Code / Title 19 / Chapter 39 / Section 19-3922
19-3922 PAYMENT OF COURT ORDERED TESTS OF BREATH OR BODILY FLUID.
Status: in_force

19-3922. payment of court ordered tests of breath or bodily fluid. Whenever a court orders testing of breath or bodily fluids as a condition of probation, such costs for the tests shall be paid for by the probationer in addition to any supervision fee authorized under section 31-3201D, Idaho Code, to the agency providing the testing, provided the court may waive this requirement upon a showing of cause.

History:

[19-3922, added 2012, ch. 109, sec. 2, p. 299.]
Idaho Code § 19-1116 — Idaho Code / Title 19 / Chapter 11 / Section 19-1116
19-1116 SPECIAL INQUIRY JUDGE.
Status: in_force

19-1116. Special inquiry judge. Upon the petition by affidavit of a prosecuting attorney of any county of the state of Idaho for the appointment of a special inquiry judge to conduct an inquiry into the existence of suspected crime or corruption within his jurisdiction, the administrative district court judge of the judicial district wherein the county is situated, may designate a judge from the magistrate division of the district court to preside over said inquiry.

History:

[19-1116, added 1980, ch. 251, sec. 1, p. 661.]
Idaho Code § 19-1507 — Idaho Code / Title 19 / Chapter 15 / Section 19-1507
19-1507 BAIL.
Status: in_force

19-1507. Bail. The defendant, when arrested under a warrant for an offense not bailable, must be held in custody of the sheriff of the county in which the indictment is found, unless admitted to bail after an examination upon a writ of habeas corpus; but if the offense is bailable, there must be added to the body of the bench warrant a direction to the following effect, "or, if he requires it, that you take him before any magistrate in that county, or in the county in which you arrest him, that he may give bail to answer to the indictment"; and the court, upon directing it to issue, must fix the amount of bail, and an endorsement must be made thereon and signed by the clerk, to the following effect: "The defendant is to be admitted to bail in the sum of …. dollars."

History:

[(19-1507) Cr. Prac. 1864, secs. 260-262, p. 245; R.S., R.C., & C.L., sec. 7716; C.S., sec. 8853; I.C.A., sec. 19-1407.]
Idaho Code § 19-3930 — Idaho Code / Title 19 / Chapter 39 / Section 19-3930
19-3930 DISCHARGE OF DEFENDANT.
Status: in_force

19-3930. Discharge of defendant. If judgment of acquittal is given, or judgment imposing a fine only without imprisonment for nonpayment, and the defendant is not detained for any other legal cause, he must be discharged as soon as the judgment is given.

History:

[(19-3930) Cr. Prac. 1864, sec. 622, p. 290; R.S., R.C., & C.L., sec. 8308; C.S., sec. 9256; am. 1929, ch. 7, sec. 1, p. 9; I.C.A., sec. 19-4030.]
Idaho Code § 19-5801 — Idaho Code / Title 19 / Chapter 58 / Section 19-5801
19-5801 DEFINITIONS.
Status: in_force

19-5801. definitions. As used in this chapter:

(1) "Alternative Idaho mailing address" means the address of a law enforcement officer's employing entity.

(2) "Application" means a written form prescribed and made available by the Idaho peace officer standards and training council. Such application shall contain, at minimum, all of the following:

(a) A sworn statement by the law enforcement officer's employing entity that the applicant is in fact a law enforcement officer as defined in subsection (6) of this section;

(b) A sworn statement by the law enforcement officer that names such officer's residing household member(s), if any, as defined in subsection (11) of this section;

(c) The alternative Idaho mailing address as defined in subsection (1) of this section, and the telephone number or numbers where the law enforcement officer and such officer's residing household member(s) can be contacted by the public agency; and

(d) A sworn statement by the law enforcement officer that such officer knowingly and voluntarily designates his or her employing entity as agent for purposes of service of process and receipt of first class, certified or registered mail.

(3) "County detention officer" means an employee in a county jail who is responsible for the safety, care, protection and monitoring of county jail inmates.

(4) "Custodian" as defined in section 74-101, Idaho Code.

(5) "Federal officer" means a special agent or law enforcement officer who is a resident of this state employed by a federal agency and who is empowered to effect an arrest with or without a warrant for violations of the United States Code and who is authorized to carry firearms in the performance of duty.

(6) "Law enforcement officer" means any current federal officer, peace officer, parole officer, probation officer, correctional officer, county detention officer and any person who prosecutes criminal cases. The term "law enforcement officer" shall not include a person who holds an elected office.

(7) "Parole officer" means an employee of the Idaho department of correction who is charged with or whose duties include supervision of parolees.

(8) "Peace officer" means any employee of a police or law enforcement agency which is a part of or administered by the state or any political subdivision thereof and whose duties include and primarily consist of the prevention and detection of crime and the enforcement of penal, traffic or highway laws of this state or any political subdivision. "Peace officer" also means an employee of a police or law enforcement agency of a federally recognized Indian tribe who has satisfactorily completed the peace officer standards and training academy and has been deputized by a sheriff of a county or a chief of police of a city of the state of Idaho.

(9) "Probation officer" means an employee of the Idaho department of correction or of the Idaho department of juvenile corrections who is charged with or whose duties include supervision of probationers.

(10) "Public agency" as is defined in section 74-101, Idaho Code.

(11) "Residing household member(s)" means a law enforcement officer's spouse and any child or children who currently reside at the same residential street address as such officer.

History:

[19-5801, added 2010, ch. 225, sec. 2, p. 504; am. 2015, ch. 141, sec. 21, p. 402; am. 2017, ch. 192, sec. 11, p. 456.]
Idaho Code § 19-2802 — Idaho Code / Title 19 / Chapter 28 / Section 19-2802
19-2802 STAY OF EXECUTION — CUSTODY OF DEFENDANT.
Status: in_force

19-2802. Stay of execution — Custody of defendant. An appeal to the supreme court from a judgment of conviction stays the execution of the judgment in all capital cases, and in all other cases the judgment may be stayed by the district court or the supreme court as provided by rule of the supreme court. Custody of the defendant shall be specified by the district court or in any order staying execution of the judgment.

History:

[19-2802, added 1977, ch. 170, sec. 11, p. 439.]
Idaho Code § 19-221 — Idaho Code / Title 19 / Chapter 2 / Section 19-221
19-221 SUPPRESSION OF RIOTS — OFFICERS MAY COMMAND ASSISTANCE.
Status: in_force

19-221. Suppression of riots — Officers may command assistance. When a sheriff or other public officer, authorized to execute process, finds, or has reason to apprehend, that resistance will be made to the execution of the process, he may command as many bona fide male citizens, residents of his county, as he may think proper to assist him in overcoming the resistance, and, if necessary, in seizing, arresting and confining the persons resisting, their aiders and abettors.

History:

[(19-221) Cr. Prac. 1864, sec. 34, p. 217; R.S., sec. 7400; am. 1893, p. 13, sec. 1; reen. 1899, p. 169, sec. 1; reen. R.C. & C.L., sec. 7400; C.S., sec. 8645; I.C.A., 19-221.]
Idaho Code § 19-1301 — Idaho Code / Title 19 / Chapter 13 / Section 19-1301
19-1301 POWER AND JURISDICTION OF COURTS.
Status: in_force

19-1301. Power and jurisdiction of courts. The several courts of this state shall possess and may exercise the same power and jurisdiction to hear, try, and determine prosecutions upon information for crimes, misdemeanors and offenses, to issue writs and process, and do all other acts therein as they possess and may exercise in cases of like prosecutions upon indictments.

History:

[(19-1301) 1890-1891, p. 184, sec. 1; reen. 1899, p. 125, sec. 1; reen. R.C. & C.L., sec. 7655; C.S., sec. 8809; I.C.A., sec. 19-1201.]
Idaho Code § 19-4225 — Idaho Code / Title 19 / Chapter 42 / Section 19-4225
19-4225 LIBERTY INTEREST NOT CREATED.
Status: in_force

19-4225. Liberty interest not created. Nothing in this chapter shall be construed to create a liberty interest.

History:

[19-4225, added 1999, ch. 376, sec. 2, p. 1034.]
Idaho Code § 19-5515 — Idaho Code / Title 19 / Chapter 55 / Section 19-5515
19-5515 DISSEMINATION OF DATA, INFORMATION, AND SAMPLES FOR FORENSIC LABORATORY ANALYSIS.
Status: in_force

19-5515. Dissemination of data, information, and samples for forensic laboratory analysis. (1) Nothing in this chapter shall prohibit the sharing or disseminating of population database information with the following:

(a) Federal, state or local law enforcement agencies;

(b) Forensic laboratories that serve federal, state and local law enforcement agencies approved by the bureau of forensic services;

(c) A state's attorney general's office;

(d) A prosecuting attorney's office; or

(e) Any third party that the chief of the bureau of forensic services deems necessary to assist the bureau of forensic services with statistical analyses of the population database or to assist in the recovery or identification of missing persons.

(2) Nothing in this chapter shall prohibit the sharing or dissemination of protocol and forensic DNA methods and quality control procedures with any of the parties identified in subsection (1) of this section.

(3) The state's DNA population database and databank may be made available to and searched by the FBI and any agency participating in CODIS.

(4) The bureau of forensic services may provide samples from the DNA samples collected pursuant to this chapter to public DNA laboratories for law enforcement purposes provided that the privacy provisions of this section are followed and each of the following conditions are met:

(a) The methodologies and procedures used by the public DNA laboratory for analysis are approved by the bureau of forensic services;

(b) Only tests of value to law enforcement for identification purposes are performed and a copy of the results of the analysis are sent to the bureau of forensic services;

(c) All provisions concerning privacy and security enumerated in this section are followed.

History:

[19-5515, added 1997, ch. 120, sec. 1, p. 349.]
Idaho Code § 19-2017 — Idaho Code / Title 19 / Chapter 20 / Section 19-2017
19-2017 CHALLENGE FOR CAUSE DEFINED.
Status: in_force

19-2017. Challenge for cause defined. A challenge for cause may be taken by either party. It is an objection to a particular juror, and is either:

1. General–That the juror is disqualified from serving in any case; or,

2. Particular–That he is disqualified from serving in the action on trial.

History:

[(19-2017) Cr. Prac. 1864, sec. 336, p. 252; R.S., R.C., & C.L., sec. 7831; C.S., sec. 8927; I.C.A., sec. 19-1917.]
Idaho Code § 19-6009 — Idaho Code / Title 19 / Chapter 60 / Section 19-6009
19-6009 RIGHT TO COUNSEL OF INDIGENT PERSON — REPRESENTATION AT ALL STAGES OF CRIMINAL AND COMMITMENT PROCEEDINGS — PAYMENT.
Status: in_force

19-6009. Right to counsel of indigent person — Representation at all stages of criminal and commitment proceedings — Payment. [effective until January 1, 2027] (1) An indigent person who is being detained by a law enforcement officer, who is confined or is the subject of hospitalization proceedings pursuant to section 18-212, 66-322, 66-326, 66-329, 66-404 or 66-406, Idaho Code, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime is entitled:

(a) To be represented by an attorney to the same extent as a person having his own counsel is so entitled; and

(b) To be provided with the necessary services and facilities of representation, including investigation and other preparation. The attorney, services and facilities, and the court costs shall be provided at public expense to the extent that the person is, at the time the court determines indigency pursuant to section 19-6011, Idaho Code, unable to provide for their payment.

(2) An indigent person who is entitled to be represented by an attorney under subsection (1) of this section is entitled:

(a) To be counseled and defended at all stages of the matter beginning with the earliest time when a person providing his own counsel would be entitled to be represented by an attorney and including revocation of probation;

(b) To be represented in any appeal; and

(c) To be represented in any other post-conviction or post-commitment proceeding that the attorney or the indigent person considers appropriate, unless the court in which the proceeding is brought determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his own expense and is therefore a frivolous proceeding.

(3) Upon a finding of indigency, representation by an attorney under subsection (1) of this section shall include the following cases, excluding those cases where the state appellate public defender has jurisdiction pursuant to section 19-5905, Idaho Code, and excluding those cases of guardian ad litem representation pursuant to section 16-1614(4), Idaho Code:

(a) Felony and misdemeanor cases;

(b) Actions arising under the Idaho juvenile corrections act, chapter 5, title 20, Idaho Code;

(c) Proceedings under the uniform post-conviction procedure act, chapter 49, title 19, Idaho Code;

(d) Civil contempt proceedings where incarceration is sought;

(e) Actions arising under the child protective act, chapter 16, title 16, Idaho Code, but excluding actions brought exclusively under chapter 20, title 16, Idaho Code; and

(f) Appeals from adjudicatory decrees or orders under section 16-1625, Idaho Code.

(4) The office of the state public defender shall be required to provide indigent defense services only in cases listed in subsection (3) of this section, provided that such limitations shall not obligate a county to finance or oversee indigent defense service for any action not provided for in this chapter.

(5) An indigent person's right to a benefit under subsection (1) or (2) of this section is unaffected by his having provided a similar benefit at his own expense, or by his having waived it, at an earlier stage.

19-6009. Right to counsel of indigent person — Representation at all stages of criminal and commitment proceedings — Payment. [effective January 1, 2027] (1) An indigent person who is being detained by a law enforcement officer, who is confined or is the subject of hospitalization proceedings pursuant to section 18-212, 66-322, 66-326, 66-329, or 66-406, Idaho Code, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime is entitled:

(a) To be represented by an attorney to the same extent as a person having his own counsel is so entitled; and

(b) To be provided with the necessary services and facilities of representation, including investigation and other preparation. The attorney, services and facilities, and the court costs shall be provided at public expense to the extent that the person is, at the time the court determines indigency pursuant to section 19-6011, Idaho Code, unable to provide for their payment.

(2) An indigent person who is entitled to be represented by an attorney under subsection (1) of this section is entitled:

(a) To be counseled and defended at all stages of the matter beginning with the earliest time when a person providing his own counsel would be entitled to be represented by an attorney and including revocation of probation;

(b) To be represented in any appeal; and

(c) To be represented in any other post-conviction or post-commitment proceeding that the attorney or the indigent person considers appropriate, unless the court in which the proceeding is brought determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his own expense and is therefore a frivolous proceeding.

(3) Upon a finding of indigency, representation by an attorney under subsection (1) of this section shall include the following cases, excluding those cases where the state appellate public defender has jurisdiction pursuant to section 19-5905, Idaho Code, and excluding those cases of guardian ad litem representation pursuant to section 16-1614(4), Idaho Code:

(a) Felony and misdemeanor cases;

(b) Actions arising under the Idaho juvenile corrections act, chapter 5, title 20, Idaho Code;

(c) Proceedings under the uniform post-conviction procedure act, chapter 49, title 19, Idaho Code;

(d) Civil contempt proceedings where incarceration is sought;

(e) Actions arising under the child protective act, chapter 16, title 16, Idaho Code, but excluding actions brought exclusively under chapter 20, title 16, Idaho Code; and

(f) Appeals from adjudicatory decrees or orders under section 16-1625, Idaho Code.

(4) The office of the state public defender shall be required to provide indigent defense services only in cases listed in subsection (3) of this section, provided that such limitations shall not obligate a county to finance or oversee indigent defense service for any action not provided for in this chapter.

(5) An indigent person's right to a benefit under subsection (1) or (2) of this section is unaffected by his having provided a similar benefit at his own expense, or by his having waived it, at an earlier stage.

History:

[(19-6009) 19-852, added 1967, ch. 181, sec. 2, p. 599; am. 1969 (2nd E.S.), ch. 10, sec. 2, p. 20; am. 1981, ch. 114, sec. 3, p. 171; am. 1982, ch. 59, sec. 3, p. 92; am. 2013, ch. 220, sec. 2, p. 516; am. and redesig. 2023, ch. 220, sec. 5, p. 670; am. 2024, ch. 270, sec. 4, p. 939; am. 2025, ch. 211, sec. 13, p. 979; am. 2025, ch. 329, sec. 7, p. 1360; am. 2026, ch. 79, sec. 22, p. 414.]
Idaho Code § 19-4401 — Idaho Code / Title 19 / Chapter 44 / Section 19-4401
19-4401 SEARCH WARRANT DEFINED.
Status: in_force

19-4401. Search warrant defined. A search warrant is an order in writing, in the name of the state of Idaho, signed by a magistrate, judge or justice directed to an officer or officers named therein, or other officer authorized by law to execute search warrants directing the officer to search for and seize property or intangibles.

History:

[(19-4401) Cr. Prac. 1864, sec. 629, p. 291; R.S., R.C., & C.L., sec. 8390; C.S., sec. 9319; I.C.A., sec. 19-4501; am. 1987, ch. 321, sec. 1, p. 676.]
Idaho Code § 19-3403 — Idaho Code / Title 19 / Chapter 34 / Section 19-3403
19-3403 MODE OF COMPROMISE EXCLUSIVE.
Status: in_force

19-3403. Mode of compromise exclusive. No public offense can be compromised, nor can any proceeding or prosecution for the punishment thereof upon a compromise be stayed, except as provided in this chapter.

History:

[(19-3403) Cr. Prac. 1864, sec. 664, p. 295; R.S., R.C., & C.L., sec. 8207; C.S., sec. 9175; I.C.A., sec. 19-3303.]
Idaho Code § 19-2906 — Idaho Code / Title 19 / Chapter 29 / Section 19-2906
19-2906 ADMISSION TO BAIL.
Status: in_force

19-2906. ADMISSION TO BAIL. Admission to bail is the order of a competent court that the defendant shall be released from actual custody of the sheriff upon posting bail.

History:

[19-2906, added 2009, ch. 90, sec. 2, p. 261.]
Idaho Code § 19-4106 — Idaho Code / Title 19 / Chapter 41 / Section 19-4106
19-4106 FORM OF DEMURRER.
Status: in_force

19-4106. Form of demurrer. If he objects to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it presents intelligibly the grounds of the objection.

History:

[(19-4106) Cr. Prac. 1864, sec. 72, p. 221; R.S., R.C., & C.L., sec. 7450; C.S., sec. 8675; I.C.A., sec. 19-4206.]
Idaho Code § 19-5905 — Idaho Code / Title 19 / Chapter 59 / Section 19-5905
19-5905 POWERS AND DUTIES.
Status: in_force

19-5905. Powers and duties. (1) Consistent with the state of Idaho's obligation to provide indigent public defense pursuant to the sixth amendment to the constitution of the United States, section 13, article I of the constitution of the state of Idaho, and the provisions of this chapter, the state appellate public defender, upon appointment by the court, shall provide representation for indigent defendants in the following cases:

(a) Appeals from convictions or post-judgment orders in district court;

(b) Interlocutory criminal appeals from district court;

(c) Appeals from the district court of misdemeanor cases;

(d) Appeals from the district court of orders or final judgments affecting a juvenile offender under the juvenile corrections act, chapter 5, title 20, Idaho Code;

(e) Appeals from the district court in post-conviction relief proceedings brought pursuant to the uniform post-conviction procedure act, chapter 49, title 19, Idaho Code;

(f) Appeals from the district court in habeas corpus proceedings brought pursuant to chapter 42, title 19, Idaho Code; and

(g) Post-conviction relief proceedings in district court in capital cases.

(2) The state appellate public defender may employ deputy state appellate public defenders and other employees necessary to carry out the responsibilities of the office. A deputy state appellate public defender must be licensed to practice law in the state of Idaho and possess any other qualifications required by the state appellate public defender. The state appellate public defender shall fix the compensation of all employees of the office and they shall serve at his pleasure.

(3) The state appellate public defender, deputy state appellate public defenders, and all employees of the office of the state appellate public defender shall be nonclassified employees pursuant to section 67-5303, Idaho Code.

(4) The state appellate public defender, in his discretion, may contract with private attorneys to provide representation on a case-by-case basis when such contracts would conserve budgetary resources.

(5) The state appellate public defender shall have any and all other powers and duties necessary to carry out the purposes of this chapter.

History:

[19-5905, added 2021, ch. 164, sec. 2, p. 466; am. 2023, ch. 220, sec. 21, p. 676; am. 2024, ch. 270, sec. 2, p. 937.]
Idaho Code § 19-1404 — Idaho Code / Title 19 / Chapter 14 / Section 19-1404
19-1404 ENDORSEMENT OF NAMES OF WITNESSES.
Status: in_force

19-1404. Endorsement of names of witnesses. When an indictment is found, the names of the witnesses examined before the grand jury, or whose depositions may have been read before them, must be inserted at the foot of the indictment, or endorsed thereon, before it is presented to the court.

History:

[(19-1404) Cr. Prac. 1864, sec. 228, p. 241; R.S., R.C., & C.L., sec. 7668; C.S., sec. 8820; I.C.A., sec. 19-1304.]
Idaho Code § 19-3016 — Idaho Code / Title 19 / Chapter 30 / Section 19-3016
19-3016 TERMS AND CONDITIONS.
Status: in_force

19-3016. Terms and conditions. The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production and return of the witness, and may prescribe such other conditions as the judge thinks proper or necessary. The order shall not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed.

History:

[19-3016, added 1959, ch. 10, sec. 4, p. 25.]
Idaho Code § 19-3102 — Idaho Code / Title 19 / Chapter 31 / Section 19-3102
19-3102 GROUNDS FOR EXAMINATION.
Status: in_force

19-3102. Grounds for examination. When a material witness for the defendant is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehending that he will be unable to attend the trial, the defendant may apply for an order that the witness be examined conditionally.

History:

[(19-3102) Cr. Prac. 1864, sec. 555, p. 281; R.S., R.C., & C.L., sec. 8161; C.S., sec. 9141; I.C.A., sec. 19-3002.]
Idaho Code § 19-5509 — Idaho Code / Title 19 / Chapter 55 / Section 19-5509
19-5509 GENETIC TESTING OF SAMPLES GIVEN FOR ANOTHER PURPOSE.
Status: in_force

19-5509. Genetic testing of samples given for another purpose. If a person has been convicted of a crime as provided by this chapter and has given a DNA sample or samples to law enforcement for any purpose, the bureau of forensic services is authorized to analyze such samples for DNA, and include the DNA profiles from such samples in the state's convicted felon DNA databank and databases. This provision applies whether the DNA sample originally collected was from a sexual or violent offender pursuant to the databank and database program, and whether the crime committed predated the effective date of this chapter, or any amendments thereto. This provision does not relieve a person subject to the terms of this chapter from giving a DNA sample and thumbprint impression for the DNA databank and database.

History:

[19-5509, added 1997, ch. 120, sec. 1, p. 346; am. 1998, ch. 123, sec. 4, p. 458.]
Idaho Code § 19-3109 — Idaho Code / Title 19 / Chapter 31 / Section 19-3109
19-3109 TAKING AND AUTHENTICATION OF TESTIMONY.
Status: in_force

19-3109. Taking and authentication of testimony. The testimony given by the witness must be reduced to writing and authenticated in the same manner as the testimony of a witness taken in support of an information.

History:

[(19-3109) R.S., R.C., & C.L., sec. 8168; C.S., sec. 9148; I.C.A., sec. 19-3009.]
Idaho Code § 19-4409 — Idaho Code / Title 19 / Chapter 44 / Section 19-4409
19-4409 SERVICE OF WARRANT — BREAKING OPEN DOORS.
Status: in_force

19-4409. Service of warrant — Breaking open doors. The officer may break open any outer or inner door or window of a house, or any part of a house, or any thing therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.

History:

[(19-4409) Cr. Prac. 1864, sec. 637, p. 292; R.S., R.C., & C.L., sec. 8398; C.S., sec. 9327; I.C.A., sec. 19-4509.]
Idaho Code § 19-3103 — Idaho Code / Title 19 / Chapter 31 / Section 19-3103
19-3103 CONTENTS OF APPLICATION.
Status: in_force

19-3103. Contents of application. The application must be made upon affidavit, stating:

1. The nature of the offense charged.

2. The state of the proceedings in the action.

3. The name and residence of the witness, and that his testimony is material to the defense of the action.

4. That the witness is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehending that he will not be able to attend the trial.

History:

[(19-3103) Cr. Prac. 1864, sec. 553, p. 280; R.S., R.C., & C.L., sec. 8162; C.S., sec. 9142; I.C.A., sec. 19-3003.]
Idaho Code § 19-5003 — Idaho Code / Title 19 / Chapter 50 / Section 19-5003
19-5003 COOPERATION OF OFFICIALS.
Status: in_force

19-5003. Cooperation of officials. All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.

History:

[19-5003, added 1971, ch. 167, sec. 3, p. 790.]
Idaho Code § 19-108 — Idaho Code / Title 19 / Chapter 1 / Section 19-108
19-108 SELF-INCRIMINATING EVIDENCE — RESTRAINT OF PERSON.
Status: in_force

19-108. Self-incriminating evidence — Restraint of person. No person can be compelled in a criminal action to be a witness against himself, nor can a person charged with a public offense be subjected, before conviction, to any more restraint than is necessary for his detention to answer the charge.

History:

[(19-108) Cr. Prac. 1864, sec. 12, p. 214; R.S., R.C., & C.L., sec. 7357; C.S., sec. 8623; I.C.A., sec. 19-108.]
Idaho Code § 19-1421 — Idaho Code / Title 19 / Chapter 14 / Section 19-1421
19-1421 PRESUMPTIONS AND FACTS JUDICIALLY NOTICED.
Status: in_force

19-1421. Presumptions and facts judicially noticed. Neither presumptions of law nor matters of which judicial notice is taken, need be stated in an indictment.

History:

[(19-1421) Cr. Prac. 1864, sec. 244, p. 243; R.S., R.C., & C.L., sec. 7688; C.S., sec. 8836; I.C.A., sec. 19-1321.]
Idaho Code § 19-3212 — Idaho Code / Title 19 / Chapter 32 / Section 19-3212
19-3212 FILING OF COMMISSION.
Status: in_force

19-3212. Filing of commission. The clerk or judge receiving and opening the commission and return must immediately file it, with the affidavit mentioned in the last two sections, in the office of the clerk of the court in which the indictment is pending.

If the commission and return is transmitted by mail, the clerk to whom it is addressed must receive it from the post-office, and open and file it in his office, where it must remain, unless otherwise directed by the court or judge.

History:

[(19-3212) Cr. Prac. 1864, secs. 566, 567, p. 282; R.S., R.C., & C.L., sec. 8187; C.S., sec. 9163; I.C.A., sec. 19-3112.]
Idaho Code § 19-5506 — Idaho Code / Title 19 / Chapter 55 / Section 19-5506
19-5506 SCOPE OF LAW — OFFENDERS SUBJECT TO SAMPLE COLLECTION — EARLY COLLECTION OF SAMPLES — RESTITUTION.
Status: in_force

19-5506. Scope of law — Offenders subject to sample collection — Early collection of samples — Restitution. (1) Any person, including any juvenile tried as an adult, who is convicted of, or pleads guilty to, any serious crime, as defined in section 19-5502(10), Idaho Code, shall be required to provide to the Idaho state police a DNA sample and a right thumbprint impression, as set forth in this chapter.

(2) Absent consent or a warrant authorizing DNA collection based on probable cause, no person shall be required to provide a DNA sample unless the person has been convicted of, or pleads guilty to, a serious crime, as defined in section 19-5502(10), Idaho Code.

(3)(a) This chapter's requirements for submission to tests and procedures for obtaining a DNA sample and thumbprint impression from the persons who are convicted of, or who plead guilty to, any felony crime, the attempt to commit any felony crime or any crime that requires sex offender registration pursuant to sections 18-8304 and 18-8410, Idaho Code, regardless of the form of judgment or withheld judgment, and regardless of the sentence imposed or disposition rendered, are mandatory and apply to those persons convicted of, or who plead guilty to, such felony crimes, prior to the effective date of this chapter, and who, as a result of the conviction or plea, are incarcerated in a county jail facility or a penal facility, are under probation or parole supervision or are required to register as a sex offender pursuant to sections 18-8304 and 18-8410, Idaho Code, after the effective date of this chapter.

(b) This chapter's requirements for submission to tests and procedures for obtaining a DNA sample and thumbprint impression from the persons who are convicted of, or who plead guilty to, any misdemeanor crime that qualifies as a serious crime, regardless of the form of judgment or withheld judgement, and regardless of the sentence imposed or disposition rendered, are mandatory and shall apply to those persons convicted of, or who plead guilty to, such qualifying misdemeanor serious crimes on or after July 1, 2026.

(4) The collection of samples and impressions specified in this chapter are required, regardless of whether the person previously has supplied a DNA sample to law enforcement agencies in any other jurisdiction. The collection facility is not required to collect a DNA sample if it can be verified that a sample already exists for such person in the Idaho DNA database.

(5) The requirements of this chapter are mandatory and apply, regardless of whether a court advises a person that samples and impressions must be provided to the databank and database as a condition of probation or parole.

(6) Unless the court determines that an order of restitution would be inappropriate or undesirable, it shall order any person subject to the provisions of this section to pay restitution to help offset costs incurred by law enforcement agencies for the expense of DNA analysis.

(7) The court may order such person to pay restitution for DNA analysis in an amount not to exceed five hundred dollars ($500) per DNA sample analysis, or in the aggregate not more than two thousand dollars ($2,000), regardless of whether:

(a) The source of the sample is the person, the victim, or other persons of interest in the case;

(b) Results of the analysis are entered into evidence in the person's criminal case;

(c) The DNA sample was previously analyzed for another criminal case; or

(d) Restitution for that DNA sample analysis was ordered in any other criminal case.

(8) Law enforcement agencies entitled to restitution under this section include the Idaho state police, county and city law enforcement agencies, the office of the attorney general, county prosecuting attorneys, and city attorneys.

(9) In the case of reimbursement for DNA analysis performed by the Idaho state police, those moneys shall be paid to the Idaho state police and deposited in the law enforcement fund. In the case of reimbursement to the office of the attorney general, those moneys shall be paid to the general fund.

(10) Persons who have been sentenced to death, or life without the possibility of parole, or to any life or indeterminate term are not exempt from the requirements of this chapter.

History:

[19-5506, added 1997, ch. 120, sec. 1, p. 343; am. 2000, ch. 469, sec. 48, p. 1499; am. 2004, ch. 157, sec. 2, p. 506; am. 2005, ch. 327, sec. 1, p. 1018; am. 2011, ch. 211, sec. 3, p. 594; am. 2012, ch. 82, sec. 3, p. 235; am. 2012, ch. 269, sec. 6, p. 757; am. 2014, ch. 263, sec. 1, p. 658; am. 2017, ch. 213, sec. 1, p. 516; am. 2026, ch. 40, sec. 4, p. 170.]
Idaho Code § 19-1207 — Idaho Code / Title 19 / Chapter 12 / Section 19-1207
19-1207 PROCEEDINGS OF MAGISTRATE.
Status: in_force

19-1207. Proceedings of magistrate. The magistrate, when the defendant is brought before him, must proceed upon the charges contained in the presentment, in the same manner as upon a warrant of arrest on an information.

History:

[(19-1207) Cr. Prac. 1864, sec. 224, p. 239; R.S., R.C., & C.L., sec. 7653; C.S., sec. 8808; I.C.A., sec. 19-1107.]
Idaho Code § 19-3014 — Idaho Code / Title 19 / Chapter 30 / Section 19-3014
19-3014 SUMMONING WITNESS IN THIS STATE TO TESTIFY IN ANOTHER STATE.
Status: in_force

19-3014. Summoning witness in this state to testify in another state. A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify (1) that there is a criminal proceeding or investigation, by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in this state may be a material witness in the proceeding, investigation or action, and (3) that his presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined, and upon notice to the attorney general, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him at the hearing.

History:

[19-3014, added 1959, ch. 10, sec. 2, p. 25.]
Idaho Code § 19-215 — Idaho Code / Title 19 / Chapter 2 / Section 19-215
19-215 SECURITY FOR THREATS TO ASSAULT.
Status: in_force

19-215. Security for threats to assault. A person who, in the presence of a court magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, may be ordered by the court or magistrate to give security, as in this chapter provided, and if he refuse so to do, may be committed.

History:

[(19-215) Cr. Prac. 1864, sec. 28, p. 216; R.S., R.C., & C.L., sec. 7389; C.S., sec. 8639; I.C.A., sec. 19-215.]
Idaho Code § 19-209 — Idaho Code / Title 19 / Chapter 2 / Section 19-209
19-209 HEARING OF CONTROVERTED CHARGE.
Status: in_force

19-209. Hearing of controverted charge. When the person informed against is brought before the magistrate, if the charge be controverted the magistrate must take testimony in relation thereto. The evidence must be reduced to writing and subscribed by the witnesses.

History:

[(19-209) Cr. Prac. 1864, sec. 22, p. 216; R.S., R.C., & C.L., sec. 7383; C.S., sec. 8633; I.C.A., sec. 19-209.]
Idaho Code § 19-6301 — Idaho Code / Title 19 / Chapter 63 / Section 19-6301
19-6301 SHORT TITLE.
Status: in_force

19-6301. short title. This chapter shall be known and may be cited as the "Idaho Son of Sam Law."

History:

[19-6301, added 2026, ch. 39, sec. 2, p. 167.]
Idaho Code § 19-4006 — Idaho Code / Title 19 / Chapter 40 / Section 19-4006
19-4006 FAILURE OF DEFENDANT TO APPEAR.
Status: in_force

19-4006. Failure of defendant to appear. If the defendant does not appear, the senate, upon proof of service or publication, as provided in the last two (2) sections, may, of its own motion or for cause shown, assign another day for hearing the impeachment, or may proceed in the absence of the defendant to trial and judgment.

History:

[(19-4006) Cr. Prac. 1864, sec. 54, p. 220; R.S., R.C., & C.L., sec. 7430; C.S., sec. 8659; I.C.A., sec. 19-4106.]
Idaho Code § 19-504 — Idaho Code / Title 19 / Chapter 5 / Section 19-504
19-504 PERSON LODGING COMPLAINT.
Status: in_force

19-504. Person lodging complaint. When a complaint which has been subscribed to under oath by the party or parties lodging the same is laid before a magistrate alleging facts constituting the commission of a public offense, triable within the county, and the magistrate finds that the complaint alleges a public offense under the Idaho Code or county or city ordinance, the magistrate shall order the clerk of the court to file the complaint and refer the complaint to the appropriate county or city prosecuting attorney for further action.

History:

[(19-504) Cr. Prac. 1864, sec. 102, p. 226; R.S., R.C., & C.L., sec. 7516; C.S., sec. 8709; I.C.A., sec. 19-504; am. 1969, ch. 79, sec. 2, p. 230; am. 1998, ch. 91, sec. 1, p. 330.]
Idaho Code § 19-5505 — Idaho Code / Title 19 / Chapter 55 / Section 19-5505
19-5505 USE OF THE STATE DATABANK AND DATABASE — DUTIES OF BUREAU OF FORENSIC SERVICES.
Status: in_force

19-5505. Use of the state databank and database — Duties of bureau of forensic services. (1) The bureau of forensic services shall perform or contract for DNA analysis for law enforcement purposes.

(2) The bureau of forensic services shall serve as a repository for DNA samples collected and shall analyze samples, or contract for analysis, and shall store, compile, correlate, maintain and use DNA profiles and records related to:

(a) Forensic casework;

(b) Offenders required to provide samples under this chapter;

(c) The identification and location of missing persons; and

(d) Anonymous DNA records used for research or quality control.

(3) A match between evidence DNA samples from a criminal investigation and DNA samples from a state or federal database may be used to sustain probable cause for the arrest of a suspect upon application for a warrant.

(4) The DNA profile may also be used at trial as evidence, provided that the evidence is otherwise admissible at trial. The DNA profile may also be used in developing statistical calculations of populations frequencies.

History:

[19-5505, added 1997, ch. 120, sec. 1, p. 343; am. 1998, ch. 123, sec. 2, p. 456.]
Idaho Code § 19-3101 — Idaho Code / Title 19 / Chapter 31 / Section 19-3101
19-3101 WITNESSES MAY BE CONDITIONALLY EXAMINED.
Status: in_force

19-3101. Witnesses may be conditionally examined. When a defendant has been held to answer a charge for a public offense, he may, either before or after an indictment, have witnesses examined conditionally, on his behalf, as prescribed in this chapter, and not otherwise.

History:

[(19-3101) Cr. Prac. 1864, sec. 549, p. 280; R.S., R.C., & C.L., sec. 8160; C.S., sec. 9140; I.C.A., sec. 19-3001.]
Idaho Code § 19-4518 — Idaho Code / Title 19 / Chapter 45 / Section 19-4518
19-4518 FORFEITURE OF BAIL.
Status: in_force

19-4518. Forfeiture of bail. If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within the state. Recovery may be had on such bond in the name of this state, as in the case of other bonds given by the accused in criminal proceedings within this state.

History:

[(19-4518) 1927, ch. 29, sec. 18, p. 31; I.C.A., sec. 19-4618; am. 2008, ch. 136, sec. 19, p. 391.]
Idaho Code § 19-104 — Idaho Code / Title 19 / Chapter 1 / Section 19-104
19-104 PARTIES TO CRIMINAL ACTIONS.
Status: in_force

19-104. Parties to criminal actions. A criminal action is prosecuted in the name of the state of Idaho, as a party, against the person charged with the offense.

History:

[(19-104) Cr. Prac. 1864, sec. 8, p. 214; R.S., R.C., & C.L., sec. 7353; C.S., sec. 8619; I.C.A., sec. 19-104.]
Idaho Code § 19-4911 — Idaho Code / Title 19 / Chapter 49 / Section 19-4911
19-4911 SHORT TITLE.
Status: in_force

19-4911. Short title. This act may be cited as the Uniform Post-Conviction Procedure Act.

History:

[19-4911, added 1967, ch. 25, sec. 11, p. 42.]
Idaho Code § 19-6102 — Idaho Code / Title 19 / Chapter 61 / Section 19-6102
19-6102 LOCAL GOVERNMENT POLICY REGARDING IMMIGRATION ENFORCEMENT.
Status: in_force

19-6102. LOCAL GOVERNMENT POLICY REGARDING IMMIGRATION ENFORCEMENT. (1) A governmental entity shall not adopt, enforce, or endorse a policy under which the entity prohibits or discourages the enforcement of immigration laws.

(2) In compliance with subsection (1) of this section, a governmental entity shall not prohibit or discourage a person who is a commissioned peace officer, a corrections officer, a booking clerk, a magistrate, or a prosecuting attorney, and who is employed by or otherwise under the direction or control of the entity, from doing any of the following:

(a) Inquiring into the immigration status of a person under a lawful detention or under arrest;

(b) With respect to information relating to the immigration status, lawful or unlawful, of any person under a lawful detention or under arrest:

(i) Sending the information to, or requesting or receiving the information from, United States citizenship and immigration services or United States immigration and customs enforcement, including information regarding a person's place of birth;

(ii) Maintaining the information; or

(iii) Exchanging the information with another governmental entity, including a federal or state governmental entity;

(c) Assisting or cooperating with a federal immigration officer as reasonable or necessary, including providing enforcement assistance; or

(d) Permitting a federal immigration officer to enter and conduct enforcement activities at a municipal or county jail to enforce federal immigration laws.

History:

[(19-6102) 19-6002, added 2023, ch. 263, sec. 1, p. 788; am. and redesig. 2024, ch. 16, sec. 4, p. 137.]
Idaho Code § 19-214 — Idaho Code / Title 19 / Chapter 2 / Section 19-214
19-214 SECURITY FILED IN CLERK'S OFFICE.
Status: in_force

19-214. Security filed in clerk's office. The undertaking must be filed by the magistrate in the office of the clerk of the district court.

History:

[(19-214) Cr. Prac. 1864, sec. 27, p. 216; R.S., R.C., & C.L., sec. 7388; C.S., sec. 8638; I.C.A., sec. 19-214.]
Idaho Code § 19-3204 — Idaho Code / Title 19 / Chapter 32 / Section 19-3204
19-3204 AFFIDAVIT TO ACCOMPANY APPLICATION.
Status: in_force

19-3204. Affidavit to accompany application. The application must be made upon affidavit, stating:

1. The nature of the offense charged.

2. The state of the proceedings in the action, and that an issue of fact has been joined therein.

3. The name of the witness, and that his testimony is material to the defense of the action.

4. That the witness resides out of the state.

History:

[(19-3204) Cr. Prac. 1864, sec. 553, p. 280; R.S., R.C., & C.L., sec. 8179; C.S., sec. 9155; I.C.A., sec. 19-3104.]
Idaho Code § 19-509 — Idaho Code / Title 19 / Chapter 5 / Section 19-509
19-509 TO WHOM WARRANT DIRECTED.
Status: in_force

19-509. To whom warrant directed. The warrant must be directed to and executed by a peace officer.

History:

[(19-509) Cr. Prac. 1864, sec. 107, p. 227; R.S., R.C., & C.L., sec. 7521; C.S., sec. 8714; I.C.A., sec. 19-509.]
Idaho Code § 19-4204 — Idaho Code / Title 19 / Chapter 42 / Section 19-4204
19-4204 APPLICATION FOR WRIT OF HABEAS CORPUS BY A PERSON NOT A PRISONER.
Status: in_force

19-4204. Application for writ of habeas corpus by a person not a prisoner. [effective until January 1, 2027] (1) Application for a writ of habeas corpus by a person not a prisoner shall be made by filing a petition for writ of habeas corpus in the district court of the county in which the person is restrained.

(2) The petition must be verified by the oath or affirmation of the party applying for the writ and shall specify:

(a) That the person is unlawfully restrained of his liberty;

(b) The identity and address of the person restraining the subject of the petition;

(c) The name and address of the place in which the person is restrained;

(d) A description of the facts which make the restraint illegal; and

(e) The theory of law upon which relief is sought, if known.

(3) Application under this section may be made by a guardian on behalf of a minor or by a guardian on behalf of an incapacitated person as defined in section 15-5-101, Idaho Code.

19-4204. Application for writ of habeas corpus by a person not a prisoner. [effective January 1, 2027] (1) Application for a writ of habeas corpus by a person not a prisoner shall be made by filing a petition for writ of habeas corpus in the district court of the county in which the person is restrained.

(2) The petition must be verified by the oath or affirmation of the party applying for the writ and shall specify:

(a) That the person is unlawfully restrained of his liberty;

(b) The identity and address of the person restraining the subject of the petition;

(c) The name and address of the place in which the person is restrained;

(d) A description of the facts which make the restraint illegal; and

(e) The theory of law upon which relief is sought, if known.

(3) Application under this section may be made by a guardian on behalf of a minor or by a guardian on behalf of an incapacitated person as defined in section 15-1-201, Idaho Code.

History:

[19-4204, added 1999, ch. 376, sec. 2, p. 1028; am. 2026, ch. 79, sec. 19, p. 412.]
Idaho Code § 19-4408 — Idaho Code / Title 19 / Chapter 44 / Section 19-4408
19-4408 SERVICE OF WARRANT.
Status: in_force

19-4408. Service of warrant. A search warrant may in all cases be served by any of the officers mentioned in its directions, but by no other person, except in aid of the officer on his requiring it. Service of a warrant may be made by the officers mentioned in its directions in person, by mail or facsimile transmission, or by electronic mail. Unless an investigation necessitates otherwise, the officer should attempt notification on the person whom it is served prior to electronic mail service.

History:

[(19-4408) Cr. Prac. 1864, sec. 636, p. 292; R.S., R.C., & C.L., sec. 8397; C.S., sec. 9326; I.C.A., sec. 19-4508; am. 2007, ch. 105, sec. 1, p. 309.]
Idaho Code § 19-4205 — Idaho Code / Title 19 / Chapter 42 / Section 19-4205
19-4205 APPLICATION FOR WRIT OF HABEAS CORPUS BY A PRISONER.
Status: in_force

19-4205. Application for writ of habeas corpus by a prisoner. (1) Application for a writ of habeas corpus by a prisoner shall be made by filing a petition for a writ of habeas corpus in the district court of the county in which the prisoner claims his confinement or aspects of his confinement violate provisions of the state or federal constitutions.

(2) With respect to a petition filed by an in-state prisoner, the petition must be verified by the oath or affirmation of the prisoner applying and shall specify that the prisoner is alleging state or federal constitutional violations concerning:

(a) The conditions of his confinement;

(b) The revocation of his parole;

(c) Miscalculation of his sentence;

(d) Loss of good time credits; or

(e) A detainer lodged against him.

(3) With respect to a petition filed by an out-of-state prisoner, the petition must be verified by the oath or affirmation of the prisoner applying and shall specify that the prisoner is alleging state or federal constitutional violations concerning the conditions of his confinement, as provided in section 19-4203(3), Idaho Code.

(4) A petition filed by a prisoner under subsection (1), (2) or (3) of this section shall specify:

(a) The identity and address of the person or officer whom the prisoner believes is responsible for the alleged state or federal constitutional violations, and shall name the persons identified individually as respondents;

(b) The name, if any, and address of the place in which the prisoner is incarcerated;

(c) The name and address of the place in which the prisoner claims the constitutional violation occurred;

(d) A short and plain statement of the facts underlying the alleged state or federal constitutional violation; and

(e) Whether the petitioner is an out-of-state prisoner.

(5) Neither the state of Idaho, any of its political subdivisions, or any of its agencies, nor any private correctional facility shall be named as respondents in a prisoner petition for writ of habeas corpus.

History:

[19-4205, added 1999, ch. 376, sec. 2, p. 1028; am. 2000, ch. 271, sec. 3, p. 779.]
Idaho Code § 19-6203 — Idaho Code / Title 19 / Chapter 62 / Section 19-6203
19-6203 ADDRESS CONFIDENTIALITY — ELIGIBILITY.
Status: in_force

19-6203. ADDRESS CONFIDENTIALITY — ELIGIBILITY. (1) Judicial officers desiring that their Idaho residential street address and telephone number and the Idaho residential street address and telephone number of their residing household members be exempt from disclosure pursuant to this chapter and sections 34-704(6) and 74-106(30), Idaho Code, may submit an application and a fee, if any, to the custodian of the public record that contains such information. Upon receipt of such application and fee, the public agency shall comply with the provisions of this chapter for a period of four (4) years. Thereafter, judicial officers may renew the exemption by submitting a new application and fee, if any. The public agency may establish a fee schedule not to exceed the actual cost to the agency of complying with the provisions of this chapter.

(2) Judicial officers may submit an application to a public agency requesting that the public agency use an alternative Idaho mailing address rather than the Idaho residential street address of any such officer and of any such officer's residing household members on all applications and on all identification cards, licenses, certificates, permits, tags, and other similar documents that are issued to the officer or to such officer's residing household members by the public agency. A public agency receiving such application shall comply with the request.

(3) A person shall cease to be eligible for an exemption under this chapter if such person ceases to be a judicial officer or a residing household member. Within thirty (30) days of such cessation, the person shall notify, in writing, every public agency to which the person has made an application stating that he is no longer eligible for such exemption. If a judicial officer changes employment but is still eligible for an exemption under this chapter, such judicial officer shall, within thirty (30) days of changing employment, submit a new application to every public agency to which such officer has made an application.

(4) Nothing in this chapter shall prevent a public agency from obtaining the Idaho residential street address and telephone number of a judicial officer and of any residing household member. A judicial officer who has submitted an application pursuant to the provisions of this chapter shall provide his current Idaho residential street address to his employing entity. The judicial officer's employing entity, or any public agency that has obtained the Idaho residential street address of a judicial officer, shall upon request identify the county in which the judicial officer's Idaho residential street address is situated.

History:

[(19-6203) 19-6003, added 2023, ch. 179, sec. 1, p. 483; am. and redesig. 2024, ch. 16, sec. 5, p. 139; am. 2025, ch. 113, sec. 28, p. 614.]
Idaho Code § 19-1009 — Idaho Code / Title 19 / Chapter 10 / Section 19-1009
19-1009 OBJECTIONS MUST BE BY CHALLENGE.
Status: in_force

19-1009. Objections must be by challenge. A person held to answer to a charge for a public offense can take advantage of any objection to the panel or to any individual grand juror in no other mode than by challenge.

History:

[(19-1009) Cr. Prac. 1864, sec. 185, p. 235; R.S., R.C., & C.L., sec. 7615; C.S., sec. 8779; I.C.A., sec. 19-909.]
Idaho Code § 19-4407 — Idaho Code / Title 19 / Chapter 44 / Section 19-4407
19-4407 FORM OF WARRANT.
Status: in_force

19-4407. Form of warrant. The warrant must be in substantially the following form:

County of…..

The state of Idaho to any sheriff, constable, marshal, or policeman in the county of….: Proof, by affidavit, having been this day made before me by (naming every person whose affidavit has been taken), that (stating the grounds of the application, or, if the affidavit be not positive, that there is probable cause for believing that — stating the ground of the application in the same manner), you are therefore commanded, in the daytime (or at any time of the day or night, as the case may be) to make immediate search of the person of C.D. (or in the house situated…., describing it or any other place to be searched, with reasonable particularity, as the case may be) for the…. following property: (describing it with reasonable particularity); and if you find the same or any part thereof, to bring it forthwith before me at…. (stating the place).

Given under my hand, and dated this…. day of….,…..

History:

[(19-4407) Cr. Prac. 1864, p. 291, sec. 635; R.S., R.C., & C.L., sec. 8396; C.S., sec. 9325; I.C.A., sec. 19-4507; am. 2002, ch. 32, sec. 10, p. 50; am. 2012, ch. 20, sec. 15, p. 69.]
Idaho Code § 19-813 — Idaho Code / Title 19 / Chapter 8 / Section 19-813
19-813 CUSTODY OF TRANSCRIPT OF PRELIMINARY EXAMINATION.
Status: in_force

19-813. Custody of transcript of preliminary examination. The magistrate must keep the depositions of witnesses or transcript of preliminary examination taken at such preliminary examination until the same is returned to the proper court; and such magistrate must not permit the same to be examined or copied by any person except a judge of a court having jurisdiction of the offense, or authorized to issue writs of habeas corpus, the attorney-general, prosecuting attorney, or other prosecuting attorney, and the defendant and his counsel.

History:

[(19-813) R.S., R.C., & C.L., sec. 7577; C.S., sec. 8755; I.C.A., sec. 19-713; am. 1969, ch. 467, sec. 7, p. 1339.]
Idaho Code § 19-4102 — Idaho Code / Title 19 / Chapter 41 / Section 19-4102
19-4102 FORM OF ACCUSATION.
Status: in_force

19-4102. Form of accusation. The accusation must state the offense charged, in ordinary and concise language, and without repetition.

History:

[(19-4102) Cr. Prac. 1864, sec. 68, p. 221; R.S., R.C., & C.L., sec. 7446; C.S., sec. 8671; I.C.A., sec. 19-4202.]
Idaho Code § 19-1004 — Idaho Code / Title 19 / Chapter 10 / Section 19-1004
19-1004 FORM OF CHALLENGE.
Status: in_force

19-1004. Form of challenge. The challenges mentioned in the last three sections may be oral, or in writing, and must be tried by the court.

History:

[(19-1004) Cr. Prac. 1864, sec. 180, 235; R.S., R.C., & C.L., sec. 7610; C.S., sec. 8774; I.C.A., sec. 19-904.]
Idaho Code § 19-3605 — Idaho Code / Title 19 / Chapter 36 / Section 19-3605
19-3605 CERTIFICATE OF MAGISTRATE.
Status: in_force

19-3605. Certificate of magistrate. After hearing the proofs, the magistrate must certify upon the deposition, either that there is or is not sufficient cause to believe the corporation guilty of the offense charged, and must return the deposition and certificate to the clerk of the district court of the county.

History:

[(19-3605) 1874, p. 363, sec. 587; R.S., R.C., & C.L., sec. 8226; C.S., sec. 8196; I.C.A., sec. 19-3505.]
Idaho Code § 19-1012 — Idaho Code / Title 19 / Chapter 10 / Section 19-1012
19-1012 OATH OF JURORS.
Status: in_force

19-1012. Oath of jurors. The following oath must be immediately thereupon administered to the other grand jurors present:

The same oath which your foreman has now taken before you on his part, you and each of you shall well and truly observe on your part, so help you God.

History:

[(19-1012) Cr. Prac. 1864, sec. 188, p. 236; R.S., R.C., & C.L., sec. 7618; C.S., sec. 8782; I.C.A., sec. 19-912.]
Idaho Code § 19-4417 — Idaho Code / Title 19 / Chapter 44 / Section 19-4417
19-4417 CONTEST OF WARRANT.
Status: in_force

19-4417. Contest of warrant. If the grounds on which the warrant was issued be controverted, he must proceed to take testimony in relation thereto, and the testimony of each witness must be reduced to writing and authenticated by the magistrate.

History:

[(19-4417) Cr. Prac. 1864, secs. 645, 646, p. 293; R.S., R.C., & C.L., sec. 8406; C.S., sec. 9335; I.C.A., sec. 19-4517.]
Idaho Code § 19-4909 — Idaho Code / Title 19 / Chapter 49 / Section 19-4909
19-4909 REVIEW.
Status: in_force

19-4909. Review. A final judgment entered under this act may be reviewed by the Supreme Court of this state on appeal brought either by the applicant or by the state within forty-two (42) days from the entry of the judgment. On appeal the state shall be represented by the attorney general.

History:

[19-4909, added 1967, ch. 25, sec. 9, p. 42; am. 1985, ch. 75, sec. 1, p. 150.]
Idaho Code § 19-216 — Idaho Code / Title 19 / Chapter 2 / Section 19-216
19-216 BREACH OF SECURITY.
Status: in_force

19-216. Breach of security. Upon the conviction of the person informed against, of a breach of the peace, the undertaking is broken.

History:

[(19-216) Cr. Prac. 1864, sec. 29. p. 216; R.S., R.C., & C.L., sec. 7390; C.S., sec. 8640; I.C.A., sec. 19-216.]
Idaho Code § 19-2308 — Idaho Code / Title 19 / Chapter 23 / Section 19-2308
19-2308 FORM OF SPECIAL VERDICT.
Status: in_force

19-2308. Form of special verdict. The special verdict need not be in any particular form, but is sufficient if it present intelligibly the facts found by the jury.

History:

[(19-2308) Cr. Prac. 1864, sec. 408, p. 261; R.S., R.C., & C.L., sec. 7922; C.S., sec. 8993; I.C.A., sec. 19-2208.]
Idaho Code § 19-401 — Idaho Code / Title 19 / Chapter 4 / Section 19-401
19-401 NO STATUTE OF LIMITATIONS FOR CERTAIN FELONIES.
Status: in_force

19-401. No statute of limitations for certain felonies. Notwithstanding any other provision of law, there is no limitation of time within which a prosecution for the following crimes must be commenced:

(1) Murder;

(2) Voluntary manslaughter;

(3) Rape pursuant to section 18-6101(3) through (10), Idaho Code;

(4) Sexual abuse of a child, lewd conduct with a child, or aggravated lewd conduct with a child as set forth in sections 18-1506, 18-1508, 18-1508B, and 18-1508C, Idaho Code;

(5) Producing or making sexually exploitative material as set forth in section 18-1507(2)(b), Idaho Code; or

(6) An act of terrorism as set forth in sections 18-8102, 18-8103, 18-3322, 18-3323 and 18-3324, Idaho Code.

History:

[19-401, added 1972, ch. 336, sec. 5, p. 986; am. 2000, ch. 277, sec. 2, p. 900; am. 2001, ch. 142, sec. 1, p. 507; am. 2003, ch. 280, sec. 2, p. 757; am. 2006, ch. 39, sec. 1, p. 116; am. 2010, ch. 352, sec. 9, p. 927; am. 2011, ch. 27, sec. 3, p. 69; am. 2016, ch. 296, sec. 11, p. 840; am. 2026, ch. 191, sec. 1, p. 847.]
Idaho Code § 19-3008 — Idaho Code / Title 19 / Chapter 30 / Section 19-3008
19-3008 FEES AND MILEAGE OF WITNESSES.
Status: in_force

19-3008. Fees and mileage of witnesses. When a person shall attend before a grand jury, or the district court, as a witness, upon a subpoena, or pursuant to an undertaking, such person shall receive the same rate per mile as the state of Idaho pays for state employees pursuant to section 67-2008, Idaho Code, but no person can receive more than one (1) mileage under this section per day of attendance in court; such person shall also receive eight dollars ($8.00) per day for each day's actual attendance as such witness and reasonable lodging expenses when approved in advance by the judge before whom the witness appears. Such mileage and per diem must be paid out of the county treasury of the county where such district court is held, upon the certificate of the clerk of said court: provided, however, that when a defendant in a criminal proceeding requires the attendance of more than five (5) witnesses in his behalf, before such witnesses shall be subpoenaed at the county's expense, or their fees and mileage be a charge against the county, such defendant must make affidavit setting forth that they are witnesses whose evidence is material to his defense, and that he can not safely go to trial without them. In such case the court, or the judge thereof, at any time application is made therefor, shall order a subpoena to issue to such of said witnesses as the court, or the judge thereof, may deem material for the defendant, and the costs incurred by the process and the fees and mileage of such witnesses shall be paid in the same manner that the costs and fees of other witnesses are paid.

History:

[(19-3008) R.S., sec. 8151; am. 1893, p. 20, sec. 1; reen. 1899, p. 172, sec. 1; am. 1899, p. 367, sec. 1; reen. R.C., & C.L., sec. 8151; C.S., sec. 9135; I.C.A., sec. 19-2907; am. 1961, ch. 5, sec. 1, p. 7; am. 1982, ch. 213, sec. 3, p. 587; am. 1985, ch. 122, sec. 8, p. 303.]
Idaho Code § 19-3107 — Idaho Code / Title 19 / Chapter 31 / Section 19-3107
19-3107 DISCONTINUANCE OF EXAMINATION.
Status: in_force

19-3107. Discontinuance of examination. If the prosecuting attorney or other counsel appear on behalf of the people, and it is shown to the satisfaction of the magistrate, by affidavit or other proof, or on the examination of the witness, that he is not about to leave the state, or is not sick and infirm, or that the application was made to avoid the examination of the witness on the trial, the examination cannot take place; otherwise it must proceed.

History:

[(19-3107) R.S., R.C., & C.L., sec. 8166; C.S., sec. 9146; I.C.A., sec. 19-3007.]
Idaho Code § 19-1505 — Idaho Code / Title 19 / Chapter 15 / Section 19-1505
19-1505 CLERK TO ISSUE WARRANT.
Status: in_force

19-1505. Clerk to issue warrant. The clerk, on the application of the prosecuting attorney, may, at any time after the order, whether the court is sitting or not, issue a bench warrant to one (1) or more counties.

History:

[(19-1505) Cr. Prac. 1864, sec. 258, p. 245; R.S., R.C., & C.L., sec. 7714; C.S., sec. 8851; I.C.A., sec. 19-1405.]
Idaho Code § 19-2405 — Idaho Code / Title 19 / Chapter 24 / Section 19-2405
19-2405 EFFECT OF NEW TRIAL.
Status: in_force

19-2405. Effect of new trial. The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict can not be used or referred to either in evidence or in argument.

History:

[(19-2405) Cr. Prac. 1864, sec. 426, p. 264; R.S., R.C., & C.L., sec. 7951; C.S., 9016; I.C.A., sec. 19-2306.]
Idaho Code § 19-1305 — Idaho Code / Title 19 / Chapter 13 / Section 19-1305
19-1305 COMMITMENT AND BAIL PENDING INFORMATION.
Status: in_force

19-1305. Commitment and bail pending information. Any person who may according to law be committed to jail, or become recognized or held to bail with sureties for his appearance in court to answer to any indictment may, in like manner, so be committed to jail or become recognized and held to bail for his appearance to answer to any information or indictment, as the case may be.

History:

[(19-1305) 1890-1891, p. 184, sec. 5; reen. 1899, p. 125, sec. 5; reen. R.C. & C.L., sec. 7659; C.S., sec. 8813; I.C.A., sec. 19-1205.]
Idaho Code § 19-3927 — Idaho Code / Title 19 / Chapter 39 / Section 19-3927
19-3927 GROUNDS FOR NEW TRIAL.
Status: in_force

19-3927. Grounds for new trial. A new trial may be granted in the following cases:

1. When the trial has been had in the absence of the defendant, unless he voluntarily absent himself, with full knowledge that a trial is being had.

2. When the jury has received any evidence out of court.

3. When the jury has separated without leave of the court, after having retired to deliberate upon their verdict, or been guilty of any misconduct tending to prevent a fair and due consideration of the case.

4. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors.

5. When there has been error in the decision of the court, given on any question of law arising during the course of the trial.

6. When the verdict is contrary to law or evidence.

7. When new evidence is discovered, material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial; but when a motion for a new trial is made upon this ground the defendant must produce at the hearing the affidavits of the witnesses by whom such newly-discovered evidence is expected to be given.

History:

[(19-3927) Cr. Prac. 1864, sec. 619, p. 289; R.S., R.C., & C.L., sec. 8305; C.S., sec. 9253; I.C.A., sec. 19-4027.]
Idaho Code § 19-6016 — Idaho Code / Title 19 / Chapter 60 / Section 19-6016
19-6016 RECORDS OF DEFENDING ATTORNEYS.
Status: in_force

19-6016. Records of defending attorneys. Indigent defense providers and defending attorneys shall keep appropriate records respecting each person whom they represent under this chapter.

History:

[(19-6016) 19-864, added 1967, ch. 181, sec. 14, p. 599; am. 2013, ch. 220, sec. 12, p. 520; am. 2016, ch. 195, sec. 6, p. 551; am. and redesig. 2023, ch. 220, sec. 12, p. 673.]
Idaho Code § 19-801 — Idaho Code / Title 19 / Chapter 8 / Section 19-801
19-801 ACCUSED TO BE INFORMED OF CHARGE — RIGHT TO COUNSEL.
Status: in_force

19-801. Accused to be informed of charge — Right to counsel. When the defendant is brought before the magistrate upon an arrest, either with or without warrant, on a charge of having committed a public offense, the magistrate must immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings.

History:

[(19-801) Cr. Prac. 1864, sec. 143, p. 230; R.S., R.C., & C.L., sec. 7565; C.S., sec. 8743; I.C.A., sec. 19-701.]
Idaho Code § 19-3213 — Idaho Code / Title 19 / Chapter 32 / Section 19-3213
19-3213 COMMISSION OPEN FOR INSPECTION.
Status: in_force

19-3213. Commission open for inspection. The commission and return must at all times be open to the inspection of the parties, who must be furnished by the clerk with copies of the same or of any part thereof, on payment of his fees.

History:

[(19-3213) Cr. Prac. 1864, sec. 568, p. 282; R.S., R.C., & C.L., sec. 8188; C.S., sec. 9164; I.C.A., sec. 19-3113.]
Idaho Code § 19-1810 — Idaho Code / Title 19 / Chapter 18 / Section 19-1810
19-1810 REMOVAL ON APPLICATION OF STATE — ORDER.
Status: in_force

19-1810. Removal on application of state — Order. If the court is satisfied, from the facts set forth in such application and affidavit, that a fair and impartial trial cannot be had, an order must be made for the removal of the action to the proper court of a county free from a like objection.

History:

[(19-1810) 1907, p. 168, sec. 3; reen. R.C. & C.L., sec. 7777; C.S., sec. 8897; I.C.A., sec. 19-1710.]
Idaho Code § 19-1804 — Idaho Code / Title 19 / Chapter 18 / Section 19-1804
19-1804 TRANSFER OF CAUSE.
Status: in_force

19-1804. Transfer of cause. The order of removal must be entered upon the minutes, and the clerk must immediately make out and transmit to the court to which the action is removed a certified copy of the order of removal, record, pleadings and proceedings in the action, including the undertakings for the appearance of the defendant and of the witnesses.

History:

[(19-1804) Cr. Prac. 1864, sec. 308, p. 250; R.S., R.C., & C.L., sec. 7771; C.S., sec. 8891; I.C.A., sec. 19-1704.]
Idaho Code § 19-204 — Idaho Code / Title 19 / Chapter 2 / Section 19-204
19-204 PREVENTION OF OFFENSES BY OFFICERS OF JUSTICE.
Status: in_force

19-204. Prevention of offenses by officers of justice. Public offenses may be prevented by the intervention of the officers of justice:

1. By requiring security to keep the peace.

2. By forming a police in cities and towns, and by requiring their attendance in exposed places.

3. By suppressing riots.

History:

[(19-204) Cr. Prac. 1864, sec. 17, p. 215; R.S., R.C., & C.L., sec. 7375; C.S., sec. 8628; I.C.A., sec. 19-204.]
Idaho Code § 19-1603 — Idaho Code / Title 19 / Chapter 16 / Section 19-1603
19-1603 HEARING AND DISPOSITION OF MOTION.
Status: in_force

19-1603. Hearing and disposition of motion. The motion must be heard at the time it is made, unless for cause the court postpones the hearing to another time. If the motion is denied, the defendant must immediately answer the indictment, either by demurring or pleading thereto. If the motion is granted, the court must order that the defendant, if in custody, be discharged therefrom; or, if admitted to bail, that his bail be exonerated; or, if he has deposited money instead of bail, that the same be refunded to him, unless it directs that the case be resubmitted to the same or another grand jury.

History:

[(19-1603) Cr. Prac. 1864, secs. 277-279, p. 247; R.S., R.C., & C.L., sec. 7732; C.S., sec. 8865; I.C.A., sec. 19-1503.]
Idaho Code § 19-4904 — Idaho Code / Title 19 / Chapter 49 / Section 19-4904
19-4904 INABILITY TO PAY COSTS.
Status: in_force

19-4904. Inability to pay costs. If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing, witness fees and expenses, and legal services, these costs and expenses, and a court-appointed attorney may be made available to the applicant in the preparation of the application, in the trial court, and on appeal, and paid, on order of the district court, by the county in which the application is filed.

History:

[19-4904, added 1967, ch. 25, sec. 4, p. 42; am. 1993, ch. 265, sec. 2, p. 898.]
Idaho Code § 19-609 — Idaho Code / Title 19 / Chapter 6 / Section 19-609
19-609 WARRANT MUST BE SHOWN.
Status: in_force

19-609. Warrant must be shown. If the person making the arrest is acting under the authority of a warrant, he must show the warrant, if required.

History:

[(19-609) Cr. Prac. 1864, sec. 127, p. 229; R.S., R.C., & C.L., sec. 7546; C.S., sec. 8732; I.C.A., sec. 19-609.]
Idaho Code § 19-4402 — Idaho Code / Title 19 / Chapter 44 / Section 19-4402
19-4402 USE OF SEARCH WARRANT.
Status: in_force

19-4402. Use of search warrant. (1) A search warrant may be issued to search for and seize:

1. Any property or intangible that constitutes evidence of a criminal offense.

2. Contraband, the fruits of crime, or things otherwise criminally possessed.

3. Weapons or other things by means of which a crime has been committed or reasonably appears about to be committed.

4. A person named in an arrest warrant.

History:

[(19-4402) Cr. Prac. 1864, sec. 630, p. 291; R.S., R.C., & C.L., sec. 8391; C.S., sec. 9320; I.C.A., sec. 19-4502; am. 1987, ch. 321, sec. 2, p. 676.]
Idaho Code § 19-3209 — Idaho Code / Title 19 / Chapter 32 / Section 19-3209
19-3209 EXECUTION OF COMMISSION.
Status: in_force

19-3209. Execution of commission. The commissioner, unless otherwise specially directed, may execute the commission as follows:

1. He must publicly administer an oath to the witness, that his answers given to the interrogatories shall be the truth, the whole truth and nothing but the truth.

2. He must cause the examination of the witness to be reduced to writing, and subscribed by him.

3. He must write the answers of the witness as near as possible in the language in which he gives them, and read to him each answer as it is taken down, and correct or add to it until it conforms to what he declares is the truth.

4. If the witness decline answering a question, that fact, with the reason assigned by him for declining, must be stated.

5. If any papers or documents are produced before him and proved by the witness, they, or copies of them, must be annexed to the deposition subscribed by the witness and certified by the commissioner.

6. The commissioner must subscribe his name to each sheet of the deposition, and annex the deposition, with the papers and documents, proved by the witness, to the commission, and must close it up under seal, and address it as directed by the endorsement thereon.

7. If there is a direction on the commission to return it by mail, the commissioner must immediately deposit it in the nearest post-office. If any other direction is made by the written consent of the parties, or by the court or judge, on the commission, as to its return, he must comply with the direction. A copy of this section must be annexed to the commission.

History:

[(19-3209) Cr. Prac. 1864, secs. 562, 563, pp. 281 and 282; R.S., R.C., & C.L., sec. 8184; C.S., sec. 9160; I.C.A., sec. 19-3109.]
Idaho Code § 19-4103 — Idaho Code / Title 19 / Chapter 41 / Section 19-4103
19-4103 SERVICE ON DEFENDANT.
Status: in_force

19-4103. Service on defendant. The accusation must be delivered by the foreman of the grand jury to the prosecuting attorney of the county (except when he is the officer accused), who must cause a copy thereof to be served upon the defendant, and require by notice in writing, of not less than ten (10) days, that he appear before the district court of the county, then sitting or at its next term, and answer the accusation. The original accusation must then be filed with the clerk of the district court.

History:

[(19-4103) Cr. Prac. 1864, sec. 69, p. 221; R.S., R.C., & C.L., sec. 7447; C.S., sec. 8672; I.C.A., sec. 19-4203.]
Idaho Code § 19-102 — Idaho Code / Title 19 / Chapter 1 / Section 19-102
19-102 PROSECUTION BY INDICTMENT OR INFORMATION — EXCEPTIONS.
Status: in_force

19-102. Prosecution by indictment or information — Exceptions. Every public offense must be prosecuted by indictment, or information, except:

1. Where proceedings are had for the removal of civil officers of the state.

2. Offenses arising in the militia when in actual service, and in the land and naval forces in time of war, or which this state may keep, with the consent of congress, in time of peace.

3. Offenses tried in justices, and probate courts.

History:

[(19-102) Cr. Prac. 1864, sec. 6, p. 214; R.S., sec. 7351; am. 1899, p. 125; reen. R.C. & C.L., sec. 7351; C.S., sec. 8617; I.C.A., sec. 19-102.]
Idaho Code § 19-4530 — Idaho Code / Title 19 / Chapter 45 / Section 19-4530
19-4530 WRITTEN WAIVER OF EXTRADITION PROCEEDINGS.
Status: in_force

19-4530. Written waiver of extradition proceedings. (1) Any person who is arrested in this state and who is charged with having committed a crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in sections 19-4507 and 19-4508, Idaho Code, and all other procedures incidental to extradition proceedings by executing or subscribing in the presence of a judge or magistrate of a court of record within this state a writing which states that he consents to return to the demanding state, except that before the waiver is executed or subscribed to by the person it is the duty of the judge or magistrate to inform the person of his right to the issuance or service of a warrant of extradition and the right to contest extradition by habeas corpus as provided in section 19-4510, Idaho Code.

(2) If the consent is duly executed, the judge or magistrate shall direct the officer who has custody of the person to deliver the person promptly to the accredited agent or agents of the demanding state and to deliver or cause to be delivered to the agent or agents a copy of the consent.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, a law enforcement agency holding a person who is alleged to have broken the terms of his probation, parole, bail or other release shall immediately deliver the person to the duly authorized agent of the demanding state without the requirement of a governor's warrant if all of the following apply:

(a) The person has signed a prior waiver of extradition as a term of his current probation, parole, bail or other release in the demanding state.

(b) The law enforcement agency holding the person has received both of the following:

(i) An authenticated copy of the prior waiver of extradition signed by the person.

(ii) A photograph and fingerprints properly identifying the person as the person who signed the waiver.

(4) The delivery of a fugitive to an agent of the demanding state does not constitute a waiver by this state of its right, power or privilege to regain custody of the person by extradition, detainer proceedings or other process for the purpose of trial, sentencing or punishment for any criminal offense charged against the person in this state.

(5) In any criminal proceeding wherein a court in this state has issued a warrant for the arrest of a person and that person was arrested in any other state, territory or possession of the United States, and that person waives extradition and consents to return to this state, the sheriff of the county where the warrant was issued may contract with an agent for the return of such person to this state, or the sheriff or his deputy may return such person to this state.

History:

[19-4530, added 2008, ch. 136, sec. 32, p. 394.]
Idaho Code § 19-5504 — Idaho Code / Title 19 / Chapter 55 / Section 19-5504
19-5504 IMPLEMENTATION OF THE CHAPTER — RULES.
Status: in_force

19-5504. Implementation of the chapter — Rules. The Idaho state police, in consultation with the Idaho attorney general's office, the Idaho department of correction, the Idaho chiefs of police association, the Idaho state sheriff's association, and the Idaho prosecuting attorney's association, shall adopt policies, procedures and rules for implementation of this chapter, and ensure that DNA samples are collected from qualifying offenders in a timely manner. The director may designate additional persons and organizations to provide consultation in implementing the provisions of this chapter.

History:

[19-5504, added 1997, ch. 120, sec. 1, p. 343; am. 2000, ch. 469, sec. 47, p. 1499.]
Idaho Code § 19-618 — Idaho Code / Title 19 / Chapter 6 / Section 19-618
19-618 RECAPTURE AFTER ESCAPE.
Status: in_force

19-618. Recapture after escape. If a person arrested escape or is rescued, the person from whose custody he escaped or was rescued, may immediately pursue and retake him at any time and in any place within the state.

History:

[(19-618) Cr. Prac. 1864, sec. 141, p. 230; R.S., R.C., & C.L., sec. 7559; C.S., sec. 8741; I.C.A., sec. 19-618.]
Idaho Code § 19-1432 — Idaho Code / Title 19 / Chapter 14 / Section 19-1432
19-1432 CHARGING TWO OR MORE OFFENSES IN SAME INDICTMENT.
Status: in_force

19-1432. Charging two or more offenses in same indictment. Two (2) or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same act or transaction or on two (2) or more acts or transactions connected together or constituting parts of a common scheme or plan.

History:

[I.C., sec. 19-1432, as added by 1972, ch. 336, sec. 6, p. 987.]
Idaho Code § 19-4707 — Idaho Code / Title 19 / Chapter 47 / Section 19-4707
19-4707 DESIGNATION OF OTHER THAN CLERK OF COURT TO COLLECT FINES.
Status: in_force

19-4707. Designation of other than clerk of court to collect fines. If it appears that there is a necessity that fines and forfeitures be initially collected by a person other than the clerk of the district court or a person appointed by the clerk for that purpose, the Supreme Court by rule or administrative order may provide for the designation of persons to receive such fines and forfeitures. Persons so designated shall account for such fines and forfeitures in the same manner required of the clerk of the district court and shall pay such fines and forfeitures to the clerk of the district court of the county in which such fines and forfeitures are collected.

History:

[19-4707, added 1969, ch. 136, sec. 3, p. 420.]
Idaho Code § 19-2133 — Idaho Code / Title 19 / Chapter 21 / Section 19-2133
19-2133 RETIREMENT OF JURY — OATH OF BAILIFF.
Status: in_force

19-2133. Retirement of jury — Oath of bailiff. After hearing the charge, the jury may either decide in court or may retire for deliberation. If they do not agree without retiring, an officer must be sworn to keep them together in some private and convenient place, and not permit any person to speak or communicate with them, nor to do so himself, unless by order of the court, or to ask them whether they have agreed upon a verdict, and to return them into court when they have so agreed, or when ordered by the court.

History:

[(19-2133) Cr. Prac. 1864, sec. 388, p. 259; R.S., R.C., & C.L., sec. 7887; C.S., sec. 8973; I.C.A., sec. 19-2033.]
Idaho Code § 19-311 — Idaho Code / Title 19 / Chapter 3 / Section 19-311
19-311 BRINGING STOLEN PROPERTY INTO THE STATE.
Status: in_force

19-311. Bringing stolen property into the state. The venue of a criminal action for stealing, in any other state, the property of another, or receiving it, knowing it to have been stolen, and bringing the same into this state, is in any county into or through which such stolen property has been brought.

History:

[19-311, added 1972, ch. 336, sec. 4, p. 985; am. 1986, ch. 289, sec. 11, p. 731.]
Idaho Code § 19-5102 — Idaho Code / Title 19 / Chapter 51 / Section 19-5102
19-5102 COUNCIL ESTABLISHED — CHAIRMAN — MEMBERS.
Status: in_force

19-5102. Council established — Chairman — Members. (1) There is hereby established in the Idaho state police the Idaho peace officer standards and training council. The chairman of the council shall be appointed by the governor and shall be a voting member of the council. The council shall be composed of the following members, which shall reflect a reasonable geographic balance throughout the state:

(a) Three (3) city chiefs of police or their designees;

(b) Three (3) county sheriffs or their designees;

(c) The director of the Idaho state police or his designee;

(d) A county prosecuting attorney or his designee;

(e) The attorney general or his designee;

(f) The special agent in charge of the Idaho division of the federal bureau of investigation or his designee;

(g) The director of the department of correction or his designee;

(h) The director of the fish and game department or his designee;

(i) The director of the department of juvenile corrections or his designee; and

(j) A representative from the Idaho association of counties juvenile justice administrators or the Idaho association of counties adult misdemeanor probation administrators association.

(2) In addition, there shall be advisory to the council, as ex officio nonvoting members of the council, the executive directors of the Idaho association of counties and association of Idaho cities.

History:

[19-5102, added 1981, ch. 307, sec. 2, p. 629; am. 1990, ch. 308, sec. 1, p. 848; am. 1999, ch. 154, sec. 1, p. 428; am. 2000, ch. 469, sec. 36, p. 1492; am. 2026, ch. 157, sec. 1, p. 711.]
Idaho Code § 19-225 — Idaho Code / Title 19 / Chapter 2 / Section 19-225
19-225 ARREST OF RIOTERS.
Status: in_force

19-225. Arrest of rioters. If the persons assembled do not immediately disperse, such magistrates and officers must arrest them, and to that end may command the aid of all persons present or within the county.

History:

[19-225, added 1972, ch. 336, sec. 3, p. 983.]
Idaho Code § 19-2408 — Idaho Code / Title 19 / Chapter 24 / Section 19-2408
19-2408 ARREST OF JUDGMENT — GROUNDS FOR MOTION.
Status: in_force

19-2408. Arrest of judgment — Grounds for motion. A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty, or on a verdict against the defendant on a plea of a former conviction or acquittal. It may be founded on any of the defects in the indictment that are grounds of demurrer, unless the objection to the indictment has been waived by a failure to demur, and must be made before or at the time the defendant is called for judgment.

History:

[(19-2408) Cr. Prac. 1864, secs. 429, 431, po. 264 and 265; R.S., R.C., & C.L., sec. 7960; C.S., sec. 9019; I.C.A., sec. 19-2309.]
Idaho Code § 19-2702 — Idaho Code / Title 19 / Chapter 27 / Section 19-2702
19-2702 EXECUTION ON JUDGMENT FOR FINE.
Status: in_force

19-2702. Execution on judgment for fine. If the judgment includes the payment of a fine, or costs, or fine and costs, or other monetary sums, execution may be issued thereon for such sums as on a judgment in a civil action.

History:

[(19-2702) Cr. Prac. 1864, sec. 451, p. 268; R.S., sec. 8006; am. 1899, p. 379, sec. 3; reen. R.C. & C.L., sec. 8006; C.S., sec. 9049; I.C.A., sec. 19-2602; am. 1995, ch. 205, sec. 1, p. 700.]
Idaho Code § 19-705 — Idaho Code / Title 19 / Chapter 7 / Section 19-705
19-705 “FRESH PURSUIT” DEFINED.
Status: in_force

19-705. "Fresh pursuit" defined. The term "fresh pursuit" as used in this act shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

History:

[19-705, added 1941, ch. 69, sec. 5, p. 133.]
Idaho Code § 19-2023 — Idaho Code / Title 19 / Chapter 20 / Section 19-2023
19-2023 EXCEPTIONS TO CHALLENGE.
Status: in_force

19-2023. Exceptions to challenge. The adverse party may except to the challenge in the same manner as to a challenge to the panel, and the same proceedings must be had thereon. The adverse party may also orally deny the facts alleged as the ground of challenge.

History:

[(19-2023) Cr. Prac. 1864, sec. 342, p. 253; R.S., R.C., & C.L., sec. 7837; C.S., sec. 8933; I.C.A., sec. 19-1923.]
Idaho Code § 19-5610 — Idaho Code / Title 19 / Chapter 56 / Section 19-5610
19-5610 COUNSELING SERVICE IN DRUG COURTS AND MENTAL HEALTH COURTS.
Status: in_force

19-5610. counseling service in drug courts and mental health courts. Any licensee licensed under chapter 34, title 54, Idaho Code, who is in good standing with the Idaho state licensing board of professional counselors and marriage and family therapists shall be eligible to provide professional counseling services to an adult receiving service through a drug court or mental health court established pursuant to this chapter. No licensee shall be automatically disqualified from providing professional counseling services because of a prior criminal conviction. For purposes of this section, the relevancy of a licensee's prior criminal conviction shall be evaluated pursuant to section 67-9411, Idaho Code.

History:

[19-5610, added 2023, ch. 48, sec. 1, p. 195.]
Idaho Code § 19-222 — Idaho Code / Title 19 / Chapter 2 / Section 19-222
19-222 CERTIFICATE OF PERSON RESISTING PROCESS.
Status: in_force

19-222. Certificate of person resisting process. The officer must certify to the court from which the process is issued, the names of the persons resisting and their aiders and abettors, to the end that they may be proceeded against for their contempt of court.

History:

[(19-222) Cr. Prac. 1864, sec. 35, p. 217; R.S., R.C., & C.L., sec. 7401; C.S., sec. 8646; I.C.A., sec. 19-222.]
Idaho Code § 19-212 — Idaho Code / Title 19 / Chapter 2 / Section 19-212
19-212 EFFECT OF GIVING OR REFUSING SECURITY.
Status: in_force

19-212. Effect of giving or refusing security. If the undertaking required by the last section is given, the party informed of must be discharged. If he does not give it, the magistrate must commit him to prison, specifying in the warrant the requirement to give security, the amount thereof and the omission to give the same.

History:

[(19-212) Cr. Prac. 1864, sec. 25, p. 216; R.S., R.C., & C.L., sec. 7386; C.S., sec. 8636; I.C.A., sec. 19-212.]
Idaho Code § 19-2018 — Idaho Code / Title 19 / Chapter 20 / Section 19-2018
19-2018 GENERAL CAUSES OF CHALLENGE.
Status: in_force

19-2018. General causes of challenge. General causes of challenge are:

1. A conviction of felony.

2. A want of any of the qualifications prescribed by law to render a person a competent juror.

3. Unsoundness of mind, or such defect in the faculties of the mind or organs of the body as render him incapable of performing the duties of a juror.

History:

[(19-2018) Cr. Prac. 1864, sec. 337, p. 252; R.S., R.C., & C.L., sec. 7832; C.S., sec. 8928; I.C.A., sec. 19-1918.]
Idaho Code § 19-1431 — Idaho Code / Title 19 / Chapter 14 / Section 19-1431
19-1431 TRIAL OF ACCESSORIES WITHOUT PRINCIPAL.
Status: in_force

19-1431. Trial of accessories without principal. An accessory to the commission of a felony may be indicted, tried, and punished, though the principal may be neither indicted nor tried.

History:

[(19-1431) Cr. Prac. 1864, sec. 252, p. 244; R.S., R.C., & C.L., sec. 7698; C.S., sec. 8846; I.C.A., sec. 19-1331.]
Idaho Code § 19-1008 — Idaho Code / Title 19 / Chapter 10 / Section 19-1008
19-1008 MANNER OF FILLING PANEL AFTER SUSTAINING CHALLENGE.
Status: in_force

19-1008. Manner of filling panel after sustaining challenge. If more than three challenges to individual grand jurors are allowed to the same defendant in reference to the same charge, the court must fill the panel to sixteen as to that charge by causing a sufficient number of competent jurors from those summoned and not before called, or if a sufficient number are not in attendance, then from the bystanders or from the body of the county to be sworn to act as jurors with the regular panel, upon the examination of that charge; and, if necessary to secure the full number of sixteen competent jurors, the court may require the sheriff to summon the required number.

History:

[(19-1008) R.S., R.C., & C.L., sec. 7614; C.S., sec. 8778; I.C.A., sec. 19-908.]
Idaho Code § 19-2607 — Idaho Code / Title 19 / Chapter 26 / Section 19-2607
19-2607 PAROLE SECURED BY MISREPRESENTATION.
Status: in_force

19-2607. Parole secured by misrepresentation. If at any time after suspension of sentence it shall appear to the district judge that the order suspending sentence was obtained by fraud, perjury or by any sort of misrepresentation or suppression of facts, or that the accused has failed or neglected to have a fixed place of abode and a regular occupation, the district judge shall issue a warrant for his apprehension and shall remand him for sentence.

History:

[(19-2607) 1915, ch. 104, sec. 3, p. 245; reen. C.L., sec. 7998; C.S., sec. 9042; I.C.A., sec. 19-2502.]
Idaho Code § 19-217 — Idaho Code / Title 19 / Chapter 2 / Section 19-217
19-217 ACTION ON UNDERTAKING.
Status: in_force

19-217. Action on undertaking. Upon the prosecuting attorney's producing evidence of such conviction to the district court of the county, the court must order the undertaking to be prosecuted, and the prosecuting attorney must thereupon commence an action upon it in the name of the state of Idaho.

History:

[(19-217) Cr. Prac. 1864, sec. 30, p. 217; R.S., R.C., & C.L., sec. 7391; I.C.A., sec. 19-217.]
Idaho Code § 19-5305 — Idaho Code / Title 19 / Chapter 53 / Section 19-5305
19-5305 COLLECTION OF JUDGMENTS.
Status: in_force

19-5305. Collection of judgments. (1) After forty-two (42) days from the entry of the order of restitution or at the conclusion of a hearing to reconsider an order of restitution, whichever occurs later, an order of restitution may be recorded as a judgment and the victim may execute as provided by law for civil judgments.

(2) The clerk of the district court may take action to collect on the order of restitution on behalf of the victim and, with the approval of the administrative district judge, may use the procedures set forth in section 19-4708, Idaho Code, for the collection of the restitution.

History:

[19-5305, added 1985, ch. 122, sec. 2, p. 299; am. 2009, ch. 102, sec. 2, p. 313.]
Idaho Code § 19-3111 — Idaho Code / Title 19 / Chapter 31 / Section 19-3111
19-3111 USE OF DEPOSITION ON TRIAL.
Status: in_force

19-3111. Use of deposition on trial. The deposition, or a certified copy thereof, may be read in evidence by either party on the trial, upon its appearing that the witness is unable to attend, by reason of his death, insanity, sickness or infirmity, or of his continued absence from the state. Upon reading the depositions in evidence, the same objections may be taken to a question or answer contained therein, as if the witness had been examined orally in court.

History:

[(19-3111) Cr. Prac. 1864, sec. 569, p. 282; R.S., R.C., & C.L., sec. 8170; C.S., sec. 9150; I.C.A., sec. 19-3011.]
Idaho Code § 19-3913 — Idaho Code / Title 19 / Chapter 39 / Section 19-3913
19-3913 OATH OF JURORS.
Status: in_force

19-3913. Oath of jurors. The court must administer to the jury the following oath:

You do swear that you will well and truly try this issue between the state of Idaho and A.B., the defendant, and a true verdict render according to the evidence.

History:

[(19-3913) Cr. Prac. 1864, sec. 603, p. 288; R.S., R.C., & C.L., sec. 8291; C.S., sec. 9239; I.C.A., sec. 19-4013.]
Idaho Code § 19-2208 — Idaho Code / Title 19 / Chapter 22 / Section 19-2208
19-2208 ADJOURNMENT DURING ABSENCE OF JURY.
Status: in_force

19-2208. Adjournment during absence of jury. While the jury are absent, the court may adjourn from time to time, as to other business, but it must nevertheless be open for every purpose connected with the cause submitted to the jury until a verdict is rendered or the jury discharged.

History:

[(19-2208) Cr. Prac. 1864, sec. 398, p. 261; R.S., R.C., & C.L., sec. 7907; C.S., sec. 8983; I.C.A., sec. 19-2108.]
Idaho Code § 19-2003 — Idaho Code / Title 19 / Chapter 20 / Section 19-2003
19-2003 PANEL DEFINED.
Status: in_force

19-2003. Panel defined. The panel is a list of jurors returned by a sheriff to serve at a particular court or for the trial of a particular action.

History:

[(19-2003) Cr. Prac. 1864, sec. 320, p. 250; R.S., R.C., & C.L., sec. 7817; C.S., sec. 8913; I.C.A., sec. 19-1903.]
Idaho Code § 19-3110 — Idaho Code / Title 19 / Chapter 31 / Section 19-3110
19-3110 TRANSMISSION OF DEPOSITIONS.
Status: in_force

19-3110. Transmission of depositions. The deposition taken must, by the magistrate, be sealed up and transmitted to the clerk of the court in which the action is pending or may come for trial.

History:

[(19-3110) R.S., R.C., & C.L., sec. 8169; C.S., sec. 9149; I.C.A., sec. 19-3010.]
Idaho Code § 19-4007 — Idaho Code / Title 19 / Chapter 40 / Section 19-4007
19-4007 ANSWER OR DEMURRER.
Status: in_force

19-4007. Answer or demurrer. When the defendant appears he may, in writing, object to the sufficiency of the articles of impeachment, or he may answer the same by an oral plea of not guilty, which plea must be entered upon the journal, and puts in issue every material allegation of the articles of impeachment.

History:

[(19-4007) Cr. Prac. 1864, secs. 55, 56, p. 220; R.S., R.C., & C.L., sec. 7431; C.S., sec. 8660; I.C.A., sec. 19-4107.]
Idaho Code § 19-1422 — Idaho Code / Title 19 / Chapter 14 / Section 19-1422
19-1422 PLEADING JUDGMENTS.
Status: in_force

19-1422. Pleading judgments. In pleading a judgment or other determination of, or proceeding before, a court or officer of special jurisdiction, it is not necessary to state the facts constituting jurisdiction; but the judgment or determination may be stated as given or made, or the proceedings had. The facts constituting jurisdiction, however, must be established on the trial.

History:

[(19-1422) Cr. Prac. 1864, sec. 245, p. 243; R.S., R.C., & C.L., sec. 7689; C.S., sec. 8837; I.C.A., sec. 19-1322.]
Idaho Code § 19-1906 — Idaho Code / Title 19 / Chapter 19 / Section 19-1906
19-1906 PREPARATION OF CALENDAR.
Status: in_force

19-1906. Preparation of calendar. The clerk must prepare a calendar of all criminal actions pending in the court, enumerating them according to the date of the filing of the indictment, specifying opposite the title of each action whether it is for a felony or a misdemeanor, and whether the defendant is in custody or on bail.

History:

[(19-1906) Cr. Prac. 1864, sec. 314, p. 250; R.S., R.C., & C.L., sec. 7788; C.S., sec. 8907; I.C.A., sec. 19-1806.]
Idaho Code § 19-511 — Idaho Code / Title 19 / Chapter 5 / Section 19-511
19-511 RAILROAD AND STEAMBOAT POLICE.
Status: in_force

19-511. Railroad and steamboat police. The governor of the state of Idaho is authorized and empowered, upon the application of any railroad or steamboat company to appoint and commission during his pleasure any person designated by such company to serve at the expense of such company as policeman, with the powers of a police officer, and who, after being duly sworn, may act as such policeman upon the premises, cars or boats of such company. The company designating such person shall be responsible civilly for any abuse of his authority. Every such policeman shall, when on duty, wear in plain view a shield bearing the words, "railroad police" or "steamboat police," as the case may be, and the name of the company for which he is commissioned.

History:

[(19-511) 1909, p. 110, sec. 1; compiled and reen. C.L., sec. 7522a; C.S., sec. 8716; I.C.A., sec. 19-511.]
Idaho Code § 19-1805 — Idaho Code / Title 19 / Chapter 18 / Section 19-1805
19-1805 REMOVAL OF DEFENDANT.
Status: in_force

19-1805. Removal of defendant. If the defendant is in custody, the order must direct his removal, and he must be forthwith removed by the sheriff of the county where he is imprisoned to the custody of the sheriff of the county to which the action is removed.

History:

[(19-1805) Cr. Prac. 1864, sec. 309, p. 250; R.S., R.C., & C.L., sec. 7772; C.S., sec. 8892; I.C.A., sec. 19-1705.]
Idaho Code § 19-1307 — Idaho Code / Title 19 / Chapter 13 / Section 19-1307
19-1307 GRAND JURY TO BE DRAWN ONLY BY DIRECTION OF JUDGE.
Status: in_force

19-1307. Grand jury to be drawn only by direction of judge. Grand juries shall not hereafter be drawn, summoned, or required to attend at the sittings of any court within the state, as provided by law, unless the judge thereof shall so direct in writing, under his hand, and filed with the clerk of said court.

History:

[(19-1307) 1890-1891, p. 184, sec. 7; reen. 1899, p. 125, sec. 7; reen. R.C. & C.L., sec. 8815; I.C.A., sec. 19-1207.]
Idaho Code § 19-2510 — Idaho Code / Title 19 / Chapter 25 / Section 19-2510
19-2510 ARRAIGNMENT FOR SENTENCE.
Status: in_force

19-2510. Arraignment for sentence. When the defendant appears for judgment he must be informed by the court, or by the clerk, under its direction, of the nature of the indictment and of his plea, and the verdict if any thereon, and must be asked whether he has any legal cause to show why judgment should not be pronounced against him.

History:

[(19-2510) Cr. Prac. 1864, sec. 443, p. 267; R.S., R.C., & C.L., sec. 7989; C.S., sec. 9032; I.C.A., sec. 19-2410.]
Idaho Code § 19-1401 — Idaho Code / Title 19 / Chapter 14 / Section 19-1401
19-1401 INDICTMENT, HOW FOUND.
Status: in_force

19-1401. Indictment, how found. An indictment cannot be found without the concurrence of at least twelve (12) grand jurors. When so found it must be endorsed, a true bill, and the endorsement must be signed by the foreman of the grand jury.

History:

[(19-1401) Cr. Prac. 1864, sec. 225, p. 241; R.S., R.C., & C.L., sec. 7665; C.S., sec. 8817; I.C.A., sec. 19-1301.]
Idaho Code § 19-2101 — Idaho Code / Title 19 / Chapter 21 / Section 19-2101
19-2101 ORDER OF TRIAL.
Status: in_force

19-2101. Order of trial. The jury having been impaneled and sworn, the trial must proceed in the following order:

1. If the indictment is for a felony, the clerk must read it and state the plea of the defendant to the jury. In all other cases this formality may be dispensed with.

2. The prosecuting attorney or other counsel for the people must open the cause and offer the evidence in support of the indictment.

3. The defendant or his counsel may then open the defense and offer his evidence in support thereof.

4. The parties may then respectively offer rebutting testimony only, unless the court for good reason, in furtherance of justice, permit them to offer evidence upon their original case.

5. When the evidence is concluded, unless the case is submitted to the jury on either side, or on both sides, without argument, the prosecuting attorney or other counsel for the people must open, and the prosecuting attorney may conclude, the argument.

6. The judge must then charge the jury if requested by either party; he may state the testimony and declare the law, but must not charge the jury in respect to matters of fact; such charge must be reduced to writing before it is given, unless by the mutual consent of the parties it is given orally.

History:

[(19-2101) Cr. Prac. 1864, sec. 354, p. 255; R.S., R.C., & C.L., sec. 7855; C.S., sec. 8941; I.C.A., sec. 19-2001.]
Idaho Code § 19-604 — Idaho Code / Title 19 / Chapter 6 / Section 19-604
19-604 WHEN PRIVATE PERSON MAY ARREST.
Status: in_force

19-604. When private person may arrest. A private person may arrest another:

1. For a public offense committed or attempted in his presence.

2. When the person arrested has committed a felony, although not in his presence.

3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.

History:

[(19-604) Cr. Prac. 1864, sec. 137, p. 229; R.S., R.C., & C.L., sec. 7541; C.S., sec. 8727; I.C.A., sec. 19-604.]
Idaho Code § 19-2719a — Idaho Code / Title 19 / Chapter 27 / Section 19-2719a
19-2719a APPLICABILITY OF SECTIONS 19-2705, 19-2708, 19-2714, 19-2715, 19-2719.
Status: in_force

19-2719a. Applicability of sections 19-2705, 19-2708, 19-2714, 19-2715, 19-2719. This act shall apply to all cases in which capital sentences where imposed on or prior to the effective date of this act but which have not been carried out, and to all capital cases arising after the effective date of this act.

History:

[I.C., sec. 19-2719a, as added by 1984, ch. 159, sec. 8, p. 386.]
Idaho Code § 19-1803 — Idaho Code / Title 19 / Chapter 18 / Section 19-1803
19-1803 ORDER OF REMOVAL.
Status: in_force

19-1803. Order of removal. If the court is satisfied that the representation of the defendant is true, an order must be made for the removal of the action to the proper court of a county free from a like objection.

History:

[(19-1803) Cr. Prac. 1864, sec. 307, p. 249; R.S., R.C., & C.L., sec. 7770; C.S., sec. 8890; I.C.A., sec. 19-1703.]
Idaho Code § 19-2310 — Idaho Code / Title 19 / Chapter 23 / Section 19-2310
19-2310 DEFECTIVE SPECIAL VERDICT — NEW TRIAL.
Status: in_force

19-2310. Defective special verdict — New trial. If the jury do not, in a special verdict, pronounce affirmatively or negatively on the facts necessary to enable the court to give judgment, or if they find the evidence of facts merely, and not the conclusions of fact from the evidence, as established to their satisfaction, the court must order a new trial.

History:

[(19-2310) Cr. Prac. 1864, sec. 410, p. 262; R.S., R.C., & C.L., sec. 7924; C.S., sec. 8995; I.C.A., sec. 19-2210.]
Idaho Code § 19-2025 — Idaho Code / Title 19 / Chapter 20 / Section 19-2025
19-2025 EXAMINATION OF CHALLENGED JUROR.
Status: in_force

19-2025. Examination of challenged juror. Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness to prove or disprove the challenge, and must answer every question pertinent to the inquiry.

History:

[(19-2025) Cr. Prac. 1864, sec. 346, p. 253; R.S., R.C., & C.L., sec. 7841; C.S., sec. 8935; I.C.A., sec. 19-1925.]
Idaho Code § 19-208 — Idaho Code / Title 19 / Chapter 2 / Section 19-208
19-208 WARRANT OF ARREST.
Status: in_force

19-208. Warrant of arrest. If it appears from the depositions that there is just reason to fear the commission of the offense threatened by the person so informed against, the magistrate must issue a warrant, directed generally to the sheriff of the county or any constable, marshal or policeman in the state, reciting the substance of the information, and commanding the officer forthwith to arrest the person informed of and bring him before the magistrate.

History:

[(19-208) Cr. Prac. 1864, sec. 21, p. 216; R.S., R.C., & C.L., sec. 7382; C.S., sec. 8632; I.C.A., sec. 19-208.]
Idaho Code § 19-4104 — Idaho Code / Title 19 / Chapter 41 / Section 19-4104
19-4104 APPEARANCE AND ANSWER — DEFAULT.
Status: in_force

19-4104. Appearance and answer — Default. The defendant must appear at the time appointed in the notice and answer the accusation, unless for some sufficient cause the court assign another day for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence.

History:

[(19-4104) Cr. Prac. 1864, sec. 70, p. 221; R.S., R.C., & C.L., sec. 7448; C.S., sec. 8673; I.C.A., sec. 19-4204.]
Idaho Code § 19-809 — Idaho Code / Title 19 / Chapter 8 / Section 19-809
19-809 EXAMINATION OF WITNESSES FOR DEFENDANT.
Status: in_force

19-809. Examination of witnesses for defendant. When the examination of witnesses on the part of the people is closed, the defendant may produce any material witnesses, which witnesses must be sworn, examined and cross-examined in the presence of the defendant.

History:

[(19-809) R.S., R.C., & C.L., sec. 7573; C.S., sec. 8751; I.C.A., sec. 19-709; am. 1969, ch. 467, sec. 4, p. 1339.]
Idaho Code § 19-2105 — Idaho Code / Title 19 / Chapter 21 / Section 19-2105
19-2105 DOUBT AS TO DEGREE OF CRIME.
Status: in_force

19-2105. Doubt as to degree of crime. When it appears that the defendant has committed a public offense, and there is reasonable ground of doubt in which of two or more degrees he is guilty, he can be convicted of the lowest of such degrees only.

History:

[19-2105, added 1972, ch. 336, sec. 8, p. 987.]
Idaho Code § 19-1205 — Idaho Code / Title 19 / Chapter 12 / Section 19-1205
19-1205 FORM OF BENCH WARRANT.
Status: in_force

19-1205. Form of bench warrant. The bench warrant, upon presentment, must be substantially in the following form:

County of ….. The state of Idaho to any sheriff, constable, marshal or policeman in this state: A presentment having been made on the …. day of …., …. to the district court of the county of …., charging C.D. with the crime of …., (designating it generally) you are therefore commanded forthwith to arrest the above named C.D., and take him before E.F., a magistrate of this county, or in case of his absence or inability to act, before the nearest and most accessible magistrate in this county. Given under my hand with the seal of said court affixed, this …. day of …., …..

By order of the court.

(Seal.)

History:

[(19-1205) Cr. Prac. 1864, sec. 222, p. 239; R.S., R.C., & C.L., sec. 7651; C.S., sec. 8806; I.C.A., sec. 19-1105; am. 2007, ch. 90, sec. 10, p. 251.]
Idaho Code § 19-2911 — Idaho Code / Title 19 / Chapter 29 / Section 19-2911
19-2911 RELEASE OF DEFENDANT ON POSTING BAIL.
Status: in_force

19-2911. release of defendant on posting bail. Upon the posting of bail in the amount set by the court, the defendant shall be released from the actual custody of the sheriff.

History:

[19-2911, added 2009, ch. 90, sec. 2, p. 262.]
Idaho Code § 19-903 — Idaho Code / Title 19 / Chapter 9 / Section 19-903
19-903 INDICTMENTS AND ACCUSATIONS — WHERE FOUND.
Status: in_force

19-903. Indictments and accusations — Where found. All accusations against district, county, municipal and precinct officers, and all indictments, must be found in the district court.

History:

[(19-903) Cr. Prac. 1864, sec. 175, p. 234; R.S., R.C., & C.L., sec. 7602; C.S., sec. 8770; I.C.A., sec. 19-803.]
Idaho Code § 19-3946 — Idaho Code / Title 19 / Chapter 39 / Section 19-3946
19-3946 AFFIDAVIT AS TO MILES TRAVELED.
Status: in_force

19-3946. Affidavit as to miles traveled. Each juror and witness must state on oath to the judge, justice or coroner, the number of miles traveled for which he is entitled to pay; but no juror or witness shall receive mileage other than for the distance actually traveled, notwithstanding he may serve or testify in more than one case.

History:

[(19-3946) 1905, p. 173, sec. 2; reen. R.C. & C.L., sec. 8339; C.S., sec. 9272; I.C.A., sec. 19-4046.]
Idaho Code § 19-1815 — Idaho Code / Title 19 / Chapter 18 / Section 19-1815
19-1815 REMOVAL ON APPLICATION OF STATE — APPEAL FROM ORDER DENYING APPLICATION.
Status: in_force

19-1815. Removal on application of state — Appeal from order denying application. The sufficiency, in both law and fact, of the application and supporting affidavits may be reviewed by the supreme court on appeal from an order of the district court denying such application, and such appeal may be taken by the state on the relation of the county attorney of the county in which such application is made, or of any other attorney duly appointed and acting in the prosecution of such cause, and the procedure governing such appeal shall be, as near as may be, the same as provided by law for appeals in other criminal cases.

History:

[(19-1815) 1907, p. 168, sec. 8; reen. R.C. & C.L., sec. 7779c; C.S., sec. 8902; I.C.A., sec. 19-1715.]
Idaho Code § 19-2111 — Idaho Code / Title 19 / Chapter 21 / Section 19-2111
19-2111 CONSPIRACY — SUFFICIENCY OF EVIDENCE.
Status: in_force

19-2111. Conspiracy — Sufficiency of evidence. Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be convicted unless one (1) or more overt acts are expressly alleged in the indictment, nor unless one (1) of the acts alleged is proved; but other overt acts not alleged in the indictment may be given in evidence.

History:

[19-2111, added 1972, ch. 336, sec. 8, p. 988.]
Idaho Code § 19-1102 — Idaho Code / Title 19 / Chapter 11 / Section 19-1102
19-1102 PRESENTMENT DEFINED.
Status: in_force

19-1102. Presentment defined. A presentment is a formal statement in writing, by the grand jury, representing to the court that a public offense has been committed which is triable in the county, and that there is reasonable ground for believing that a particular individual named or described therein has committed it.

History:

[(19-1102) Cr. Prac. 1864, sec. 203, p. 237; R.S., R.C., & C.L., sec. 7631; C.S., sec. 8790; I.C.A., sec. 19-1002.]
Idaho Code § 19-4601 — Idaho Code / Title 19 / Chapter 46 / Section 19-4601
19-4601 ORDER FOR PRODUCTION OF PRISONER.
Status: in_force

19-4601. Order for production of prisoner. When it is necessary to have a person imprisoned in the state prison brought before any court, or a person imprisoned in a county jail brought before a court sitting in another county, an order for that purpose may be made by the court and executed by the sheriff of the county where it is made.

History:

[(19-4601) Cr. Prac. 1864, sec. 669, p. 296; R.S., R.C., & C.L., sec. 8435; C.S., sec. 9350; I.C.A., sec. 19-4701.]
Idaho Code § 19-1418 — Idaho Code / Title 19 / Chapter 14 / Section 19-1418
19-1418 SUFFICIENCY OF INDICTMENT.
Status: in_force

19-1418. Sufficiency of indictment. The indictment is sufficient if it can be understood therefrom:

1. That it is entitled in a court having authority to receive it, though the name of the court be not stated.

2. That it was found by a grand jury of the county in which the court was held.

3. That the defendant is named, or, if his name cannot be discovered that he is described by a fictitious name, with a statement that his true name is to the jury unknown.

4. That the offense was committed at some place within the jurisdiction of the court, except where the act, though done without the local jurisdiction of the county, is triable therein.

5. That the offense was committed at some time prior to the time of finding the indictment.

6. That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.

7. That the act or omission charged as the offense is stated with such a degree of certainty as to enable the court to pronounce judgment upon conviction, according to the right of the case.

History:

[(19-1418) Cr. Prac. 1864, sec. 242, p. 243; R.S., R.C., & C.L., sec. 7686; C.S., sec. 8834; I.C.A., sec. 19-1318.]
Idaho Code § 19-4419 — Idaho Code / Title 19 / Chapter 44 / Section 19-4419
19-4419 RETURN OF PAPERS TO COURT.
Status: in_force

19-4419. Return of papers to court. The magistrate must annex together the depositions, the search warrant and return, and the inventory, and return them to the next term of the court having power to inquire into the offenses in respect to which the search warrant was issued, at or before its opening on the first day.

History:

[(19-4419) Cr. Prac. 1864, sec. 648, p. 293; R.S., R.C., & C.L., sec. 8408; C.S., sec. 9337; I.C.A., sec. 19-4519.]
Idaho Code § 19-4804 — Idaho Code / Title 19 / Chapter 48 / Section 19-4804
19-4804 DATA OVERSIGHT COUNCIL.
Status: in_force

19-4804. data oversight council. (1) There is hereby created in the office of the state controller the data oversight council. All requests for projects, reports, and data analyses generated from the criminal justice integrated data system must be approved by the data oversight council.

(2) The data oversight council shall be comprised of:

(a) The governor or his designee;

(b) The chief justice of the Idaho supreme court or his designee;

(c) The attorney general or his designee;

(d) The state controller or his designee;

(e) The director of the department of correction or his designee;

(f) The executive director of the commission of pardons and parole or his designee;

(g) The director of the department of juvenile corrections or his designee;

(h) The director of the department of health and welfare or his designee;

(i) The director of the Idaho state police or his designee;

(j) The administrator of the office of information technology services or his designee; and

(k) A designee from the state board of education or the state department of education selected by the governor.

(3) Any designee under subsection (2) of this section must be an employee in the office, agency, or department of his respective designating authority. Members of the data oversight council shall serve without any additional compensation or honorarium.

(4) The data oversight council, by majority vote, shall elect a chairman and vice chairman among its members who shall serve a term of two (2) years while serving on the council.

(5) All meetings of the data oversight council shall be held in compliance with the open meetings law as provided in chapter 2, title 74, Idaho Code.

(6) The state controller shall work in collaboration with the data oversight council to manage the criminal justice integrated data system. It shall be the duty of the state controller, in conjunction with the data oversight council, to assure confidentiality of all records and data collected by the criminal justice integrated data system and to assure compliance with applicable state and federal laws and rules governing the privacy of records, data, and personal identifiable information.

(7) Any projects, reports, or data analyses in final form produced by persons authorized to conduct research and analyses under this chapter shall belong to the requesting local government or state agency or department and not the office of the state controller.

(8) The Idaho legislature, as well as the contributing state agencies and departments and local governments, shall have priority in requesting any projects, reports, or data analyses to be produced by persons authorized by the data oversight council. The data oversight council may, in its discretion, deny any requested project, report, or data analysis where it determines the request is unduly burdensome, voluminous, or cost-prohibitive.

(9) The office of the state controller, members of the data oversight council, and all contributing local governments, state agencies and departments, or volunteer nongovernmental entities shall be immune from liability to any person or entity for any invasion of the right to privacy or use of records or data generated by the criminal justice integrated data system.

(10) In collaboration with contributing local governments, state agencies and departments, or volunteer nongovernmental entities and the data oversight council, the state controller may establish policies addressing the creation of reports generated through the query of records and data possessed by the criminal justice integrated data system. Provided, however, contributing volunteer nongovernmental entities may collaborate only with respect to the data or information contributed by that volunteer nongovernmental entity.

History:

[19-4804, added 2020, ch. 239, sec. 1, p. 697; am. 2021, ch. 84, sec. 1, p. 283; am. 2021, ch. 321, sec. 1, p. 945.]
Idaho Code § 19-5518 — Idaho Code / Title 19 / Chapter 55 / Section 19-5518
19-5518 SEVERABILITY.
Status: in_force

19-5518. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.

History:

[19-5518, added 1997, ch. 120, sec. 1, p. 350.]
Idaho Code § 19-601 — Idaho Code / Title 19 / Chapter 6 / Section 19-601
19-601 ARREST DEFINED.
Status: in_force

19-601. Arrest defined. An arrest is taking a person into custody in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.

History:

[(19-601) Cr. Prac. 1864, secs. 121, 122, p. 228; R.S., R.C., & C.L., sec. 7538; C.S., sec. 8724; I.C.A., sec. 19-601.]
Idaho Code § 19-6012 — Idaho Code / Title 19 / Chapter 60 / Section 19-6012
19-6012 QUALIFICATIONS OF COUNSEL.
Status: in_force

19-6012. Qualifications of counsel. No person may be given the primary responsibility of representing an indigent person unless he is licensed to practice law in this state and is otherwise competent to counsel and defend a person charged with a crime.

History:

[(19-6012) 19-855, added 1967, ch. 181, sec. 5, p. 599; am. 2013, ch. 220, sec. 5, p. 518; am. and redesig. 2023, ch. 220, sec. 8, p. 672.]
Idaho Code § 19-703 — Idaho Code / Title 19 / Chapter 7 / Section 19-703
19-703 CONSTRUCTION OF SECTION.
Status: in_force

19-703. Construction of section. Section 1 of this act shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.

History:

[19-703, added 1941, ch. 69, sec. 3, p. 133.]
Idaho Code § 19-2015 — Idaho Code / Title 19 / Chapter 20 / Section 19-2015
19-2015 PEREMPTORY CHALLENGE DEFINED.
Status: in_force

19-2015. Peremptory challenge defined. A peremptory challenge can be taken by either party and may be oral. It is an objection to a juror for which no reason need be given, but upon which the court must exclude him.

History:

[(19-2015) Cr. Prac. 1864, sec. 334, p. 252; R.S., R.C., & C.L., sec. 7829; C.S., sec. 8925; I.C.A., sec. 19-1915.]
Idaho Code § 19-2512 — Idaho Code / Title 19 / Chapter 25 / Section 19-2512
19-2512 PRONOUNCEMENT OF JUDGMENT.
Status: in_force

19-2512. Pronouncement of judgment. If no sufficient cause is alleged or appears to the court why judgment should not be pronounced, it must thereupon be rendered.

History:

[(19-2512) Cr. Prac. 1864, sec. 445, p. 267; R.S., & R.C., sec. 7991; reen. 1915, ch. 104, sec. 1, p. 244; reen. C.L., sec. 7991; C.S., sec. 9034; I.C.A., sec. 19-2412.]
Idaho Code § 19-4220 — Idaho Code / Title 19 / Chapter 42 / Section 19-4220
19-4220 SETTLEMENTS AND CONSENT DECREES IN CONDITIONS OF CONFINEMENT CASES.
Status: in_force

19-4220. Settlements and consent decrees in conditions of confinement cases. (1) In any civil action with respect to conditions of confinement, the court shall not enter or approve a settlement or consent decree unless it complies with the limitations on relief set forth in section 19-4217, Idaho Code.

(2) This section, together with sections 19-4217, 19-4218 and 19-4219, Idaho Code, applies to all settlements or consent decrees in effect at the time of passage of this act. Any settlement or consent decree entered into before enactment of this act shall not be construed as a waiver of the application of this section by any party to the settlement or consent decree, and may be terminated consistent with sections 19-4218 and 19-4219, Idaho Code.

History:

[19-4220, added 1999, ch. 376, sec. 2, p. 1034.]
Idaho Code § 19-6305 — Idaho Code / Title 19 / Chapter 63 / Section 19-6305
19-6305 NOTICE TO VICTIMS.
Status: in_force

19-6305. Notice to victims. The attorney general shall notify all known victims within thirty (30) days after money is deposited in escrow. Victims may file lawsuits or use restitution orders to claim funds during the escrow period.

History:

[19-6305, added 2026, ch. 39, sec. 2, p. 168.]
Idaho Code § 19-2713 — Idaho Code / Title 19 / Chapter 27 / Section 19-2713
19-2713 PROCEEDINGS WHEN FEMALE SUPPOSED TO BE PREGNANT.
Status: in_force

19-2713. Proceedings when female supposed to be pregnant. If there is good reason to suppose that a female against whom a judgment of death is rendered is pregnant, the sheriff of the county, with the concurrence of the judge of the court by which the judgment was rendered, may summon a jury of three (3) physicians to inquire into the supposed pregnancy. Immediate notice thereof must be given to the prosecuting attorney of the county, and the provisions of sections 19-2710, 19-2711 apply to the proceedings upon the inquisition.

History:

[(19-2713) Cr. Prac. 1864, sec. 462, p. 269; R.S., R.C., & C.L., sec. 8017; C.S., sec. 9060; I.C.A., sec. 19-2613.]
Idaho Code § 19-811 — Idaho Code / Title 19 / Chapter 8 / Section 19-811
19-811 EXCLUSION OF OTHER PERSONS.
Status: in_force

19-811. Exclusion of other persons. The magistrate must also, upon the request of the defendant, exclude from the examination every person except his clerk, the prosecutor and his counsel, the attorney general, the prosecuting attorney of the county, the defendant and his counsel, and the officer having the defendant in custody.

History:

[(19-811) Cr. Prac. 1864, sec. 158, p. 232; R.S., R.C., & C.L., sec. 7575; C.S., sec. 8753; I.C.A., sec. 19-711.]
Idaho Code § 19-1113 — Idaho Code / Title 19 / Chapter 11 / Section 19-1113
19-1113 JUROR NOT TO BE QUESTIONED.
Status: in_force

19-1113. Juror not to be questioned. A grand juror cannot be questioned for anything he may say, or any vote he may give in the grand jury relative to a matter legally pending before the jury, except for a perjury of which he may have been guilty, in making an accusation or giving testimony to his fellow jurors.

History:

[(19-1113) Cr. Prac. 1864, sec. 215, p. 238; R.S., R.C., & C.L., sec. 7642; C.S., sec. 8801; I.C.A., sec. 19-1013.]
Idaho Code § 19-3903 — Idaho Code / Title 19 / Chapter 39 / Section 19-3903
19-3903 ISSUANCE AND FORM OF WARRANT.
Status: in_force

19-3903. Issuance and form of warrant. If the magistrate judge is satisfied therefrom that the offense complained of has been committed, he must issue a warrant of arrest, which must be substantially in the following form:

County of…..

The state of Idaho to any sheriff, constable, marshal or policeman, in this state:

Complaint, upon oath, having been this day made before me…. (magistrate judge), by C.D., that the offense of…. (designating it generally), has been committed, and accusing E.F. thereof; you are therefore commanded forthwith to arrest the above named E.F. and bring him before me forthwith at…. (naming place).

Witness my hand at…., this…. day of….,….. A.B.

History:

[(19-3903) Cr. Prac. 1864, sec. 597, p. 287; R.S., R.C., & C.L., sec. 8281; C.S., sec. 9229; I.C.A., sec. 19-4003; am. 2002, ch. 32, sec. 8, p. 49; am. 2012, ch. 20, sec. 12, p. 68.]
Idaho Code § 19-5704 — Idaho Code / Title 19 / Chapter 57 / Section 19-5704
19-5704 CERTIFICATION CANCELLATION.
Status: in_force

19-5704. Certification cancellation. (1) The secretary of state may cancel a program participant's certification if there is a change in the name or residential address from that listed on the application, unless the program participant provides the secretary of state with seven (7) days' prior notice of the change of name or address.

(2) The secretary of state may cancel certification of a program participant if mail forwarded by the secretary to the program participant's address is returned as nondeliverable.

(3) The secretary of state may cancel certification of a program participant who applies using false information.

History:

[19-5704, added 2008, ch. 232, sec. 1, p. 705.]
Idaho Code § 19-2901 — Idaho Code / Title 19 / Chapter 29 / Section 19-2901
19-2901 SHORT TITLE.
Status: in_force

19-2901. short title. This chapter shall be known and may be cited as the "Idaho Bail Act."

History:

[19-2901, added 2009, ch. 90, sec. 2, p. 259.]
Idaho Code § 19-506 — Idaho Code / Title 19 / Chapter 5 / Section 19-506
19-506 WHEN WARRANT MAY ISSUE.
Status: in_force

19-506. When warrant may issue. A magistrate may issue a warrant for the arrest of the defendant only after making a determination that there is probable cause to believe that an offense has been committed and that the defendant committed it.

History:

[(19-506) Cr. Prac. 1864, sec. 104, p. 226; R.S., R.C., & C.L., sec. 7518; C.S., sec. 8711; I.C.A., sec. 19-506; am. 1998, ch. 91, sec. 2, p. 330.]
Idaho Code § 19-3906 — Idaho Code / Title 19 / Chapter 39 / Section 19-3906
19-3906 PROCEEDINGS AFTER PLEA.
Status: in_force

19-3906. Proceedings after plea. Upon a plea other than a plea of guilty, if the parties waive a trial by jury, and an adjournment or change of venue is not granted, the court must proceed to try the case.

History:

[(19-3906) R.S., R.C., & C.L., sec. 8284; C.S., sec. 9232; I.C.A., sec. 19-4006.]
Idaho Code § 19-3934 — Idaho Code / Title 19 / Chapter 39 / Section 19-3934
19-3934 ADMITTANCE TO BAIL.
Status: in_force

19-3934. Admittance to bail. The defendant, at any time after his arrest, and before conviction, may be admitted to bail.

History:

[(19-3934) R.S., R.C., & C.L., sec. 8312; C.S., sec. 9260; I.C.A., sec. 19-4034; am. 2003, ch. 117, sec. 1, p. 361.]
Idaho Code § 19-5508 — Idaho Code / Title 19 / Chapter 55 / Section 19-5508
19-5508 ADDITIONAL SAMPLES AUTHORIZED.
Status: in_force

19-5508. Additional samples authorized. Whenever the bureau of forensic services notifies the department of correction or other responsible agency that a DNA sample or thumbprint impression is not adequate for any reason, the department of correction or other custodial agency shall draw or take additional samples and impressions as necessary to satisfy the requirements of this chapter, and transmit such samples and impressions to the bureau of forensic services.

History:

[19-5508, added 1997, ch. 120, sec. 1, p. 346.]
Idaho Code § 19-3911 — Idaho Code / Title 19 / Chapter 39 / Section 19-3911
19-3911 WAIVER OF TRIAL BY JURY.
Status: in_force

19-3911. Waiver of trial by jury. A trial by jury may be waived by the consent of both parties expressed in open court and entered in the docket. The formation of the jury is provided for in chapter 1, of title 2.

History:

[(19-3911) R.S., R.C., & C.L., sec. 8289; C.S., sec. 9237; I.C.A., sec. 19-4011.]
Idaho Code § 19-6011 — Idaho Code / Title 19 / Chapter 60 / Section 19-6011
19-6011 DETERMINATION OF INDIGENCY — FACTORS CONSIDERED — PARTIAL PAYMENT BY ACCUSED — REIMBURSEMENT.
Status: in_force

19-6011. Determination of indigency — Factors considered — Partial payment by accused — Reimbursement. (1) The determination of whether a person covered under section 19-6009, Idaho Code, is an indigent person shall be deferred until his first appearance in court or in a suit for payment or reimbursement under section 19-6015, Idaho Code, whichever occurs earlier. Thereafter, the court concerned shall determine, with respect to each proceeding, whether he is an indigent person.

(2) The court concerned shall presume that the following persons are indigent persons unless such a determination is contrary to the interests of justice:

(a) Persons whose current monthly income does not exceed one hundred eighty-seven percent (187%) of the federal poverty guidelines issued annually by the federal department of health and human services;

(b) Persons who receive, or whose dependents receive, public assistance pursuant to title 56, Idaho Code, in the form of food assistance, health coverage, cash assistance or child care assistance; or

(c) Persons who are currently serving a sentence in a correctional facility or are being housed in a mental health facility.

(3) The court concerned may determine that persons other than those described in subsection (2) of this section are indigent persons. In determining whether a person is an indigent person and in determining the extent of his inability to pay, the court concerned may consider such factors as income, property owned, outstanding obligations, the number and ages of his dependents and the cost of bail. Participation in the Idaho health insurance exchange shall not result in the presumption of indigency.

(4) Release on bail does not necessarily prevent a person from being an indigent person.

(5) In each case, the person shall, subject to the penalties for perjury, certify in writing or by other record such material factors relating to his ability to pay as the court prescribes by rule. No information provided by a person pursuant to this subsection may be used as substantive evidence in any criminal or civil proceeding against the person except:

(a) For impeachment purposes;

(b) In a prosecution for perjury or contempt committed in providing the information; or

(c) In an attempt to enforce an obligation to reimburse the state for the cost of counsel.

(6) To the extent that a person covered under section 19-6009, Idaho Code, is able to provide for an attorney, the other necessary services and facilities of representation, and court costs, the court may order him to provide for their payment.

(7) Upon conviction, notwithstanding the form of judgment or withheld judgment, plea of guilty or finding of guilt for any crime regardless of the original crime or number of counts, an indigent person who receives the services of a defending attorney may be required by the court to reimburse the state public defense fund for all or a portion of the cost of those services related to the conviction, plea of guilty or finding of guilt, unless the requirement would impose a manifest hardship on the indigent person. Any funds received due to an existing or future order for reimbursement for the services of a defending attorney shall be deposited into the state public defense fund. The current inability of the indigent person to pay the reimbursement shall not, in and of itself, restrict the court from ordering reimbursement.

History:

[(19-6011) 19-854, added 1967, ch. 181, sec. 4, p. 599; am. 2001, ch. 287, sec. 1, p. 1023; am. 2013, ch. 220, sec. 4, p. 517; am. 2014, ch. 243, sec. 1, p. 612; am. and redesig. 2023, ch. 220, sec. 7, p. 671.]
Idaho Code § 19-2915 — Idaho Code / Title 19 / Chapter 29 / Section 19-2915
19-2915 FORFEITURE OF BAIL.
Status: in_force

19-2915. forfeiture of bail. (1) If without sufficient excuse the defendant fails to appear before the court as ordered, the court shall immediately:

(a) Enter the defendant's failure to appear in the minutes;

(b) Order forfeiture of the bail; and

(c) Issue a bench warrant for the arrest of the defendant.

(2) The court, in its discretion, may:

(a) Set the amount of bail in the bench warrant;

(b) Set the amount of bail in the bench warrant but require that the defendant appear before the court where the charge or charges are pending before being released on bail; or

(c) Set no bail on the bench warrant and require that the defendant not be released until appearing before the court where the charges are pending, at which time the court shall set bail or release the defendant on the defendant's own recognizance, and shall set any conditions of release.

(3) The clerk shall provide the person posting bail written notice of the order of forfeiture by mailing notice within five (5) business days of the order of forfeiture to the last known address of the person posting bail or that person's designated agent.

(4) If the court quashes the bench warrant within one hundred eighty (180) days after the order of forfeiture, the forfeiture of bail shall be set aside and the court shall notify the person posting bail of the setting aside of the forfeiture within five (5) business days of the date of the order quashing the bench warrant and reinstating the bail.

History:

[19-2915, added 2009, ch. 90, sec. 2, p. 263; am. 2015, ch. 182, sec. 2, p. 587.]
Idaho Code § 19-1811 — Idaho Code / Title 19 / Chapter 18 / Section 19-1811
19-1811 REMOVAL ON APPLICATION OF STATE — TRANSFER OF CAUSE.
Status: in_force

19-1811. Removal on application of state — Transfer of cause. The order of removal must be entered upon the minutes, and the clerk must immediately make out and transmit to the court to which the action is removed a certified copy of the order of removal, record, pleadings and proceedings in the action, including the undertakings for the appearance of the defendant and of the witnesses.

History:

[(19-1811) 1907, p. 168, sec. 4; reen. R.C. & C.L., sec. 7778; C.S., sec. 8896; I.C.A., sec. 19-1711.]
Idaho Code § 19-1122 — Idaho Code / Title 19 / Chapter 11 / Section 19-1122
19-1122 SELF-INCRIMINATION — REFUSAL TO TESTIFY OR GIVE EVIDENCE — PROCEDURE.
Status: in_force

19-1122. Self-incrimination — Refusal to testify or give evidence — Procedure. If in any proceedings before a special inquiry judge, a person refuses, or indicates in advance a refusal, to testify or provide evidence of any other kind on the ground that he may be incriminated thereby, and if a prosecuting attorney requests the court to order that person to testify or provide the evidence, the court shall then hold a hearing and shall so order unless it finds that to do so would be clearly contrary to the public interest, and that person shall comply with the order.

If, but for this section, he would have been privileged to withhold the answer given or the evidence produced by him, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but none of the testimony nor evidence presented by the witness relative to the issue under investigation before the special inquiry judge, nor any information directly or indirectly derived from his testimony, can be used against him in any further criminal proceeding. He may nevertheless be prosecuted for failing to comply with the order to answer, or for perjury or for offering false evidence to the special inquiry judge.

History:

[19-1122, added 1980, ch. 251, sec. 7, p. 663.]
Idaho Code § 19-4303 — Idaho Code / Title 19 / Chapter 43 / Section 19-4303
19-4303 EXAMINATION OF WITNESSES.
Status: in_force

19-4303. Examination of witnesses. Coroners may issue subpoenas for witnesses, returnable forthwith, or at such time and place as they may appoint, which may be served by any competent person. They must summon and examine as witnesses every person who, in their opinion, or that of any of the jury, or the prosecuting attorney, has any knowledge of the facts.

History:

[(19-4303) 1863, p. 475, sec. 137; R.S., R.C., & C.L., sec. 8379; C.S., sec. 9311; I.C.A., sec. 19-4403; am. 1961, ch. 262, sec. 8, p. 459.]
Idaho Code § 19-2520D — Idaho Code / Title 19 / Chapter 25 / Section 19-2520D
19-2520D PRIOR FOREIGN CONVICTION.
Status: in_force

19-2520D. Prior foreign conviction. Every person who has been found guilty in any other state, country or jurisdiction of an offense for which, if committed within this state, such person could have been punished under the laws of this state by imprisonment in the state prison, is punishable for any subsequent crime committed within this state in the manner prescribed by law and to the same extent as if such prior conviction had taken place in a court of this state.

History:

[19-2520D, added 1981, ch. 150, sec. 3, p. 262.]
Idaho Code § 19-4514 — Idaho Code / Title 19 / Chapter 45 / Section 19-4514
19-4514 ARREST WITHOUT A WARRANT.
Status: in_force

19-4514. Arrest without a warrant. The arrest of a person may be lawfully made by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one (1) year. When so arrested the accused must be taken before a judge or magistrate with all practicable speed, and complaint must be made against him under oath setting forth the grounds for the arrest as provided in section 19-4513, Idaho Code, and thereafter his answer shall be heard as if he had been arrested on a warrant.

History:

[19-4514, added 1979, ch. 228, sec. 3, p. 627; am. 2008, ch. 136, sec. 14, p. 389.]
Idaho Code § 19-201A — Idaho Code / Title 19 / Chapter 2 / Section 19-201A
19-201A LEGISLATIVE INTENT — CASTLE DOCTRINE AND STAND YOUR GROUND.
Status: in_force

19-201A. legislative intent — castle doctrine and stand your ground. It is the intent of the legislature to incorporate provisions of the castle doctrine and stand your ground provided in Idaho case law and jury instructions into certain sections of this chapter and in section 18-4009, Idaho Code.

History:

[19-201A, added 2018, ch. 222, sec. 3, p. 501.]
Idaho Code § 19-5702 — Idaho Code / Title 19 / Chapter 57 / Section 19-5702
19-5702 DEFINITIONS.
Status: in_force

19-5702. Definitions. Unless the context clearly requires otherwise, for purposes of this chapter, the following terms have the following meanings:

(1) "Address" means a residential street address of an individual as specified on the individual's application to be a program participant under this chapter.

(2) "Domestic violence" means an act pursuant to section 18-918, Idaho Code.

(3) "Human trafficking" means an act pursuant to chapter 86, title 18, Idaho Code.

(4) "Malicious harassment" means an act pursuant to section 18-7902, Idaho Code.

(5) "Program participant" means a person certified as a program participant pursuant to section 19-5703, Idaho Code.

(6) "Sexual assault" means an act pursuant to section 18-1506, 18-1508, 18-1508A or 18-6101, Idaho Code.

(7) "Stalking" means an act pursuant to section 18-7905 or 18-7906, Idaho Code.

History:

[19-5702, added 2008, ch. 232, sec. 1, p. 704; am. 2018, ch. 112, sec. 2, p. 227; am. 2024, ch. 147, sec. 49, p. 585.]