Idaho Code § 19-1114 — Idaho Code / Title 19 / Chapter 11 / Section 19-1114
19-1114 NOTICE OF REFUSAL TO GIVE INCRIMINATING EVIDENCE — AGREEMENT TO TESTIFY WITH IMMUNITY — PERJURY — COMPELLING ANSWER.
Status: in_force

19-1114. Notice of refusal to give incriminating evidence — Agreement to testify with immunity — Perjury — Compelling answer. In any criminal proceeding or in any investigation or proceeding before a grand jury in connection with any criminal offense, if a person has advised the prosecuting attorney that he will refuse to answer a question or produce evidence, if called as a witness, on the ground that he may be incriminated thereby, the person may agree in writing with the prosecuting attorney of the county to testify voluntarily pursuant to this section. Upon written request of such prosecuting attorney being made to the district court in and for that county, said district court shall approve such written agreement, unless the court finds that to do so would be clearly contrary to the public interest. If after court approval of such agreement, and if, but for this section, the person 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 person in any manner in a criminal case but the person may, nevertheless, be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing or contempt committed in answering or in producing evidence in accordance with such agreement. If such person fails to give any answer or to produce any evidence in accordance with such agreement, that person shall be prosecuted or subjected to penalty or forfeiture in the same manner and to the same extent as he would be prosecuted or subjected to penalty or forfeiture but for this section: provided, that if such person fails to give any answer or to produce any evidence in accordance with such agreement, the prosecuting attorney may request the district court to compel the person to answer or produce evidence, in accordance with section 19-1115, Idaho Code.

History:

[19-1114, added 1970, ch. 60, sec. 1, p. 146; am. 2000, ch. 238, sec. 1, p. 668.]
Idaho Code § 19-1430 — Idaho Code / Title 19 / Chapter 14 / Section 19-1430
19-1430 DISTINCTION BETWEEN ACCESSORIES AND PRINCIPALS ABOLISHED.
Status: in_force

19-1430. Distinction between accessories and principals abolished. The distinction between an accessory before the fact and a principal and between principals in the first and second degree, in cases of felony, is abrogated; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried, and punished as principals, and no other facts need be alleged in any indictment against such an accessory than are required in an indictment against his principal.

History:

[(19-1430) Cr. Prac. 1864, sec. 251, p. 244; R.S., R.C., & C.L., sec. 7697; C.S., sec. 8845; I.C.A., sec. 19-1330.]
Idaho Code § 19-4410 — Idaho Code / Title 19 / Chapter 44 / Section 19-4410
19-4410 BREAKING DOORS TO LIBERATE OFFICER OR ASSISTANT.
Status: in_force

19-4410. Breaking doors to liberate officer or assistant. He may break open any outer or inner door or window of a house, for the purpose of liberating a person who, having entered to aid him in the execution of the warrant, is detained therein, or when necessary for his own liberation.

History:

[(19-4410) Cr. Prac. 1864, sec. 638, p. 292; R.S., R.C., & C.L., sec. 8399; C.S., sec. 9328; I.C.A., sec. 19-4510.]
Idaho Code § 19-2129 — Idaho Code / Title 19 / Chapter 21 / Section 19-2129
19-2129 DECISION OF QUESTIONS OF LAW.
Status: in_force

19-2129. Decision of questions of law. The court must decide all questions of law which arise in the course of a trial.

History:

[(19-2129) Cr. Prac. 1864, sec. 382, p. 259; R.S., R.C., & C.L., sec. 7883; C.S., sec. 8969; I.C.A., sec. 19-2029.]
Idaho Code § 19-503 — Idaho Code / Title 19 / Chapter 5 / Section 19-503
19-503 WHO ARE MAGISTRATES.
Status: in_force

19-503. Who are magistrates. The following persons are magistrates:

(1) The justices of the supreme court.

(2) The judges of the court of appeals.

(3) The district judges.

(4) Magistrates of the district court.

History:

[(19-503) Cr. Prac. 1864, sec. 101, p. 226; R.S., R.C., & C.L., sec. 7511; C.S., sec. 8708; I.C.A., sec. 19-503; am. 1972, ch. 35, sec. 1, p. 55; am. 2012, ch. 20, sec. 7, p. 68.]
Idaho Code § 19-5604 — Idaho Code / Title 19 / Chapter 56 / Section 19-5604
19-5604 ELIGIBILITY.
Status: in_force

19-5604. Eligibility. (1) No person has a right to be admitted into drug court. The drug court in each county shall determine the eligibility of persons who may be admitted into drug court except that each candidate, prior to being admitted, must undergo: (a) a substance abuse assessment; and (b) a criminogenic risk assessment.

(2) No person shall be eligible to participate in drug court if any of the following apply:

(a) The person is currently charged with, has pled or has been adjudicated or found guilty of, a felony crime of violence or a felony crime in which the person used either a firearm or a deadly weapon or instrument.

(b) The person is currently charged with, or has pled or been found guilty of, a felony in which the person committed, attempted to commit, conspired to commit, or intended to commit a sex offense.

(3) A drug court may, after consultation with the drug court team and with the consent of the prosecuting attorney, allow a person to participate in drug court who would otherwise be ineligible only because of the provisions of subsection (2)(a) of this section.

History:

[19-5604, added 2001, ch. 337, sec. 1, p. 1197; am. 2011, ch. 186, sec. 1, p. 536.]
Idaho Code § 19-1433 — Idaho Code / Title 19 / Chapter 14 / Section 19-1433
19-1433 UNNECESSARY TO NEGATE STATUTORY DEFENSES IN CERTAIN CASES.
Status: in_force

19-1433. Unnecessary to negate statutory defenses in certain cases. In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any of the provisions of chapters 22, 25, 27, 28, 29, 30, 31, 32, or 33, title 37, Idaho Code, it shall not be necessary to negate any exception, excuse, proviso, or exemption, contained in those chapters, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.

History:

[19-1433, added 1970, ch. 186, sec. 1, p. 540.]
Idaho Code § 19-2507 — Idaho Code / Title 19 / Chapter 25 / Section 19-2507
19-2507 FORM OF WARRANT.
Status: in_force

19-2507. Form of warrant. The bench warrant must be substantially in the following form:

County of …..

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

A.B., having been on the …. day of …., …. duly convicted in the district court of the …. judicial district of the state of Idaho, in and for the county of …., of the crime of …. (designating it generally), you are therefore commanded forthwith to arrest the above named A.B. and bring him before that court for judgment; or if the court has adjourned for the term, that you deliver him into the custody of the sheriff of the county of …..

Given under my hand, with the seal of said court affixed, this …. day of …., …..

By order of the court.

(Seal)

History:

[(19-2507) Cr. Prac. 1864, sec. 440, p. 266; R.S., R.C., & C.L., sec. 7986; C.S., sec. 9029; I.C.A., sec. 19-2407; am. 2007, ch. 90, sec. 11, p. 251.]
Idaho Code § 19-510 — Idaho Code / Title 19 / Chapter 5 / Section 19-510
19-510 PEACE OFFICERS ENUMERATED.
Status: in_force

19-510. Peace officers enumerated. A peace officer is a sheriff of a county, or a constable, marshal, or policeman of a city or town.

History:

[(19-510) Cr. Prac. 1864, sec. 108, p. 227; R.S., R.C., & C.L., sec. 7522; C.S., sec. 8715; I.C.A., sec. 19-510.]
Idaho Code § 19-5607 — Idaho Code / Title 19 / Chapter 56 / Section 19-5607
19-5607 DRUG COURT AND MENTAL HEALTH COURT FUNDING.
Status: in_force

19-5607. Drug court and mental health court funding. Subject to the appropriation power of the legislature, the supreme court shall be responsible for administering, allocating and apportioning all appropriations from the legislature for drug courts and mental health courts.

History:

[19-5607, added 2001, ch. 337, sec. 1, p. 1198; am. 2005, ch. 358, sec. 6, p. 1132.]
Idaho Code § 19-3503 — Idaho Code / Title 19 / Chapter 35 / Section 19-3503
19-3503 DEFENDANT TO BE DISCHARGED.
Status: in_force

19-3503. Defendant to be discharged. If the court directs the action to be dismissed, the defendant must, if in custody, be discharged therefrom; or if admitted to bail, his bail is exonerated, or money deposited instead of bail must be refunded to him.

History:

[(19-3503) Cr. Prac. 1864, sec. 583, p. 285; R.S., R.C., & C.L., sec. 8214; C.S., sec. 9178; I.C.A., sec. 19-3403.]
Idaho Code § 19-306 — Idaho Code / Title 19 / Chapter 3 / Section 19-306
19-306 OFFENSES COMMITTED ON BOATS, VESSELS, TRAINS, MOTOR VEHICLES OR AIRCRAFT.
Status: in_force

19-306. Offenses committed on boats, vessels, trains, motor vehicles or aircraft. When an offense is committed in this state, on board a boat, vessel, railroad train, motor vehicle or aircraft, the venue is in the county through which the boat, vessel, railroad train, motor vehicle, or aircraft passes or in the county where the trip terminates.

History:

[19-306, added 1972, ch. 336, sec. 4, p. 984; am. 1980, ch. 295, sec. 1, p. 766; am. 1986, ch. 289, sec. 6, p. 729.]
Idaho Code § 19-3505 — Idaho Code / Title 19 / Chapter 35 / Section 19-3505
19-3505 NOLLE PROSEQUI ABOLISHED.
Status: in_force

19-3505. Nolle prosequi abolished. The entry of a nolle prosequi is abolished, and neither the attorney-general nor the prosecuting attorney can discontinue or abandon a prosecution for a public offense except as provided in the last section.

History:

[(19-3505) Cr. Prac. 1864, sec. 585, p. 285; R.S., R.C., & C.L., sec. 8216; C.S., sec. 9180; I.C.A., sec. 19-3405.]
Idaho Code § 19-6017 — Idaho Code / Title 19 / Chapter 60 / Section 19-6017
19-6017 APPLICATION OF CHAPTER — STATE COURTS — FEDERAL COURTS.
Status: in_force

19-6017. Application of chapter — State courts — Federal courts. This chapter applies only to representation in the courts of this state, except that it does not prohibit a defending attorney from representing an indigent person in a federal court of the United States, if:

(1) The matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of the state; or

(2) Representation is under a plan of the United States district court as required by the criminal justice act of 1964, 18 U.S.C. 3006A, and is approved by the state public defender.

History:

[(19-6017) 19-865, added 1967, ch. 181, sec. 15, p. 599; am. 2013, ch. 220, sec. 13, p. 520; am. 2014, ch. 97, sec. 4, p. 269; am. and redesig. 2023, ch. 220, sec. 13, p. 673.]
Idaho Code § 19-219 — Idaho Code / Title 19 / Chapter 2 / Section 19-219
19-219 PROVISIONS OF CHAPTER EXCLUSIVE.
Status: in_force

19-219. Provisions of chapter exclusive. Security to keep the peace, or to be of good behavior, cannot be required except as prescribed in this chapter.

History:

[(19-219) Cr. Prac. 1864, sec. 32. p. 217; R.S., R.C., & C.L., sec. 7393; C.S., sec. 8643; I.C.A., sec. 19-219.]
Idaho Code § 19-614 — Idaho Code / Title 19 / Chapter 6 / Section 19-614
19-614 DUTY OF PRIVATE PERSON MAKING ARREST.
Status: in_force

19-614. Duty of private person making arrest. A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a magistrate, or deliver him to a peace officer.

History:

[(19-614) Cr. Prac. 1864, sec. 140, p. 230; R.S., R.C., & C.L., sec. 7551; C.S., sec. 8737; I.C.A., sec. 19-614.]
Idaho Code § 19-2126 — Idaho Code / Title 19 / Chapter 21 / Section 19-2126
19-2126 CUSTODY OF JURY DURING TRIAL.
Status: in_force

19-2126. Custody of jury during trial. The jury sworn to try any felony may, at any time during the trial, and after the submission of the cause, in the discretion of the court, be permitted to separate, or they may be kept together, in the charge of a proper officer. Provided however, that in causes where the defendant has been charged with first-degree murder, and the prosecuting attorney has filed a notice of intent to seek the death penalty pursuant to section 18-4004A, Idaho Code, and such notice has not been withdrawn, the jury may not be permitted to separate after submission of the cause and completion of the special sentencing proceeding held pursuant to section 19-2515 or 19-2515A, Idaho Code. Before permitting the jury to separate after the cause has been submitted, the court shall permit counsel to place objections, if any, on the record outside the presence of the jury. In case the court orders the jury to be kept together the county must provide a suitable place for the board and lodging of the jury, at the expense of the county, and when first given custody of the jury the officer or bailiff must be sworn to keep the jury together during each recess and adjournment during the trial; to allow no person to speak to or communicate with them, or any of them, nor to do so himself, on any subject connected with the trial, and to return them into court as ordered by the court.

History:

[(19-2126) Cr. Prac. 1864, sec. 379, p. 258; am. 1881, p. 227, sec. 4; R.S., R.C., & C.L., sec. 7880; C.S., sec. 8966; am. 1929, ch. 14, sec. 1, p. 14; I.C.A., sec. 19-2026; am. 1981, ch. 229, sec. 1, p. 466; am. 1987, ch. 145, sec. 1, p. 290; am. 2002, ch. 94, sec. 11, p. 262; am. 2003, ch. 19, sec. 3, p. 72; am. 2003, ch. 136, sec. 2, p. 394; am. 2008, ch. 22, sec. 1, p. 35.]
Idaho Code § 19-2521 — Idaho Code / Title 19 / Chapter 25 / Section 19-2521
19-2521 SENTENCING CRITERIA FOR PLACING DEFENDANT ON PROBATION OR IMPOSING IMPRISONMENT.
Status: in_force

19-2521. sentencing Criteria for placing defendant on probation or imposing imprisonment. (1) The policy of the state of Idaho regarding sentencing of persons convicted of a crime is as follows, unless otherwise provided by law:

(a) The sentencing court should first consider placement in the community. The goals of sentencing include the primary consideration of the protection of society, followed by the possibility of risk reduction through rehabilitation, deterrence of the individual and the public generally, and punishment or retribution for wrongdoing and the impact on the victim; and

(b) Each discretionary sentence should be specifically tailored to the individual defendant and take into account the totality of all relevant facts and circumstances.

(2) The following factors, while not controlling the discretion of the court, shall be accorded weight in favor of avoiding a sentence of imprisonment:

(a) The defendant's criminal conduct neither caused nor threatened harm;

(b) The defendant did not contemplate that his criminal conduct would cause or threaten harm;

(c) The defendant's criminogenic needs indicate that the defendant will benefit from supervision and treatment in the community;

(d) There were substantial grounds tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;

(e) The victim of the defendant's criminal conduct induced or facilitated the commission of the crime;

(f) The defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that was sustained; provided, however, nothing in this section shall prevent the appropriate use of imprisonment and restitution in combination;

(g) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime;

(h) The defendant's criminal conduct was the result of circumstances unlikely to recur;

(i) The character and attitudes of the defendant indicate that the commission of another crime is unlikely; and

(j) The defendant demonstrates amenability to treatment.

(3) The following factors, while not controlling the discretion of the court, shall be accorded weight in favor of a sentence of imprisonment:

(a) There is undue risk that during the period of a suspended sentence or probation the defendant will commit another crime harmful to another person;

(b) A lesser sentence will depreciate the seriousness of the defendant's crime;

(c) Imprisonment will provide appropriate punishment and deterrent to the defendant;

(d) Imprisonment will provide an appropriate deterrent for other persons in the community; and

(e) The defendant is a multiple offender or professional criminal.

(4) As used in this section, "criminogenic needs" means those dynamic factors associated with the likelihood of reoffending but that may be changed through effective intervention.

History:

[(19-2521) 19-2520 added 1977, ch. 46, sec. 1, p. 85; am. and redesig. 1993, ch. 86, sec. 1, p. 215; am. and redesig. 1993, ch. 101, sec. 1, p. 255; am. 2014, ch. 150, sec. 2, p. 414; am. 2020, ch. 210, sec. 1, p. 616.]
Idaho Code § 19-2520F — Idaho Code / Title 19 / Chapter 25 / Section 19-2520F
19-2520F CONSECUTIVE SENTENCES FOR FELONIES COMMITTED IN CORRECTIONAL FACILITIES.
Status: in_force

19-2520F. Consecutive sentences for felonies committed in correctional facilities. Every person who has been found guilty of a commission of a felony on the grounds of a correctional facility located in this state shall have the sentence for such offense begin after all previous sentences have ended.

History:

[19-2520F, added 1990, ch. 238, sec. 1, p. 676.]
Idaho Code § 19-2908 — Idaho Code / Title 19 / Chapter 29 / Section 19-2908
19-2908 CASH DEPOSIT APPLIED TO PAYMENTS OF FINES, FEES, COSTS AND RESTITUTION.
Status: in_force

19-2908. cash deposit applied to payments of fines, fees, costs and restitution. When bail has been posted by cash deposit and remains on deposit at the time of the judgment or order withholding judgment, the clerk of the court shall, under the direction of the court, apply the money in satisfaction of fines, fees, costs and restitution imposed in the case and fines, fees, costs and restitution that have been imposed against the defendant in any other criminal or infraction action, and after satisfying the fines, fees, costs and restitution, shall refund the surplus, if any, to the person posting the cash deposit.

History:

[19-2908, added 2009, ch. 90, sec. 2, p. 261; am. 2019, ch. 148, sec. 1, p. 498.]
Idaho Code § 19-4011 — Idaho Code / Title 19 / Chapter 40 / Section 19-4011
19-4011 JUDGMENT OF CONVICTION.
Status: in_force

19-4011. Judgment of conviction. After conviction the senate must, at such time as it may appoint, pronounce judgment in the form of a resolution, entered upon the journals of the senate.

History:

[(19-4011) Cr. Prac. 1864, sec. 61, p. 220; R.S., R.C., & C.L., sec. 7435; C.S., sec. 8664; I.C.A., sec. 19-4111.]
Idaho Code § 19-5514 — Idaho Code / Title 19 / Chapter 55 / Section 19-5514
19-5514 LIMITATIONS ON DISCLOSURE OF INFORMATION.
Status: in_force

19-5514. Limitations on disclosure of information. (1) All DNA profiles retained by the bureau of forensic services pursuant to this chapter shall be treated as confidential as provided by chapter 1, title 74, Idaho Code.

(2) The DNA information shall be filed with the offender's file maintained by the Idaho state police.

(3) The DNA information shall not be included in the state summary criminal history information.

(4) The DNA information, and thumbprint impressions, shall be released only to law enforcement agencies, including, but not limited to, parole officers of the department of correction, hearing officers of the parole authority, and prosecuting attorneys' offices, at the request of the agency, except as specified in this chapter. Dissemination of this information to law enforcement agencies and prosecuting attorneys' offices outside the state shall be done in conformity with the provisions of this chapter.

(5) Any person who, by virtue of employment or official position, or any person contracting to carry out any function under this chapter, including any officers, employees and agents of such contractor who has possession of or access to individual identifiable DNA information contained in the state DNA database or databank and who willfully discloses such information in any manner to any person or agency not entitled to receive it is guilty of a misdemeanor.

(6) Furnishing DNA information or thumbprint comparison results to defense counsel for criminal defense purposes in compliance with discovery is not a violation of this section.

(7) It is not a violation of this section to disseminate statistical or research information obtained from the offender's file, the computerized databank system, or any of the bureau of forensic services' databases provided that the subject of the file is not identified and cannot be identified from the information disclosed. It is also not a violation of this section to include information obtained from a file in a transcript or record of a judicial proceeding or in any other public record when the inclusion of the information in the public record is authorized by a court, statute or case law.

History:

[19-5514, added 1997, ch. 120, sec. 1, p. 348; am. 1998, ch. 123, sec. 6, p. 459; am. 2000, ch. 469, sec. 53, p. 1504; am. 2015, ch. 141, sec. 20, p. 402.]
Idaho Code § 19-2120 — Idaho Code / Title 19 / Chapter 21 / Section 19-2120
19-2120 OFFENSE COMMITTED IN ANOTHER COUNTY.
Status: in_force

19-2120. Offense committed in another county. If the offense was committed within the exclusive jurisdiction of another county of this state, the court must direct the defendant to be committed for such time as it deems reasonable, to await a warrant from the proper county for his arrest; or if the offense is a misdemeanor only, it may admit him to bail in an undertaking, with sufficient sureties, that he will, within such time as the court may appoint, render himself amenable to a warrant for his arrest from the proper county, and, if not sooner arrested thereon, will attend at the office of the sheriff of the county where the trial was had, at a certain time particularly specified in the undertaking, to surrender himself upon the warrant, if issued, or that his bail will forfeit such sum as the court may fix, to be mentioned in the undertaking; and the clerk must forthwith transmit a certified copy of the indictment, and of all the papers filed in the action, to the prosecuting attorney of the proper county, the expense of which transmission is chargeable to that county.

History:

[(19-2120) Cr. Prac. 1864, secs. 369, 370, p. 257; R.S., R.C., & C.L., sec. 7874; C.S., sec. 8960; I.C.A., sec. 19-2020.]
Idaho Code § 19-4215 — Idaho Code / Title 19 / Chapter 42 / Section 19-4215
19-4215 RELIEF AVAILABLE FOR LOSS OF GOOD TIME CREDITS.
Status: in_force

19-4215. Relief available for loss of good time credits. (1) If the court finds that an in-state prisoner has lost good time credits without constitutionally sufficient due process, the court may order a rehearing by the correctional facility authority.

(2) Any court order requiring rehearing shall specify:

(a) How due process was constitutionally insufficient and direct that the insufficiency be cured; and

(b) Provide that the officials of the correctional facility shall have not less than thirty (30) days in which to convene the rehearing.

(3) The correctional facility authority shall have the responsibility for the recalculation and restoration of good time credits. If good time credits are restored to the petitioner as a result of the rehearing, and restoration of good time credits entitles the petitioner to release, he shall be so released.

History:

[19-4215, added 1999, ch. 376, sec. 2, p. 1032; am. 2000, ch. 271, sec. 9, p. 783.]
Idaho Code § 19-2606 — Idaho Code / Title 19 / Chapter 26 / Section 19-2606
19-2606 SUSPENDED OFFENDER — DUTY TO REPORT — ORDER ON REPORT.
Status: in_force

19-2606. suspended offender — Duty to report — Order on report. As ordered by the court, it shall be the duty of each person whose sentence is suspended to appear or report during the continuance of such suspension and to furnish, at his own expense, proof to the satisfaction of the court that he has, since his sentence was suspended or since the last date at which proof has been furnished, complied with the terms and conditions upon which his sentence was suspended by the court. The court may modify the terms and conditions of suspension or vacate the order of suspension of sentence and order retained jurisdiction or execution of the judgment as though suspension had not been made.

History:

[(19-2606) 1915, ch. 104, sec. 2, p. 245; reen. C.L., sec. 7999; C.S., sec. 9043; am. 1929, ch. 100, sec. 1, p. 163; I.C.A., sec. 19-2503; am. 2014, ch. 150, sec. 5, p. 419.]
Idaho Code § 19-4112 — Idaho Code / Title 19 / Chapter 41 / Section 19-4112
19-4112 JUDGMENT OF REMOVAL.
Status: in_force

19-4112. Judgment of removal. Upon a conviction, the court must, at such time as it may appoint, pronounce a judgment that the defendant be removed from office; but, to warrant a removal, the judgment must be entered upon the minutes, and the causes of removal must be assigned therein.

History:

[(19-4112) Cr. Prac. 1864, sec. 78, p. 222; R.S., R.C., & C.L., sec. 7456; C.S., sec. 8681; I.C.A., sec. 19-4212.]
Idaho Code § 19-2904 — Idaho Code / Title 19 / Chapter 29 / Section 19-2904
19-2904 BAIL, RELEASE ON RECOGNIZANCE AND CONDITIONS OF RELEASE.
Status: in_force

19-2904. bail, RELEASE ON RECOGNIZANCE and CONDITIONS OF RELEASE. The court may release a person on his own recognizance or set an amount of bail, and may impose any conditions of release. In making these determinations the court shall consider the following objectives:

(1) Ensuring the appearance of the defendant;

(2) Ensuring the integrity of the court process including the right of the defendant to bail as constitutionally provided;

(3) Ensuring the protection of victims and witnesses; and

(4) Ensuring public safety.

History:

[19-2904, added 2009, ch. 90, sec. 2, p. 260.]
Idaho Code § 19-502 — Idaho Code / Title 19 / Chapter 5 / Section 19-502
19-502 DEFINITION OF MAGISTRATE.
Status: in_force

19-502. Definition of magistrate. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense.

History:

[(19-502) Cr. Prac. 1864, sec. 100, p. 226; R.S., R.C., & C.L., sec. 7510; C.S., sec. 8707; I.C.A., sec. 19-502.]
Idaho Code § 19-1121 — Idaho Code / Title 19 / Chapter 11 / Section 19-1121
19-1121 SELF-INCRIMINATION — RIGHT TO COUNSEL.
Status: in_force

19-1121. Self-incrimination — Right to counsel. Any individual called to testify before a special inquiry judge, whether as a witness or principal, if not represented by an attorney appearing with the witness before the special inquiry judge, must be told of his privilege against self-incrimination. Such an individual must be informed that he has the right to have an attorney present to advise him as to his rights, obligations and duties before the special inquiry judge. Such attorney may be present as an observer and advisor during all proceedings, unless immunity has been granted pursuant to sections 19-1114, 19-1115 or 19-1122, Idaho Code. After immunity has been granted, such an individual may leave the special inquiry room to confer with his attorney.

History:

[19-1121, added 1980, ch. 251, sec. 6, p. 663.]
Idaho Code § 19-5116 — Idaho Code / Title 19 / Chapter 51 / Section 19-5116
19-5116 PEACE OFFICERS STANDARDS AND TRAINING FUND.
Status: in_force

19-5116. Peace officers standards and training fund. (a) There is hereby established in the state treasury the peace officers standards and training fund. All moneys deposited to the fund shall be expended by the peace officer standards and training council for the following purposes:

(1) Training peace officers, county detention officers, and self-sponsored students within the state of Idaho, including, but not limited to, sheriffs and their deputies, officers of the Idaho state police, conservation officers of the Idaho department of fish and game, emergency communications officers, and city and county prosecutors and their deputies;

(2) Salaries, costs and expenses relating to such training as provided in paragraph (1) of this subsection;

(3) Such capital expenditures as the peace officer standards and training council may provide for the acquisition, construction and/or improvement of a peace officer standards and training academy; and

(4) Such expenditures as may be necessary to aid approved peace officers training programs or county detention officer programs certified as having met the standards established by the peace officer standards and training council.

(b) The peace officers standards and training fund shall be funded as provided in sections 31-3201A, 31-3201B, and 23-404, Idaho Code.

(c) All contributions and other moneys and appropriations designated for peace officers standards and training shall be deposited in the peace officers standards and training fund.

(d) Moneys received into the fund as provided in subsection (c) of this section shall be accounted for separately.

(e) If the fiscal year-end balance in the fund pursuant to sections 31-3201A, 31-3201B, and 23-404, Idaho Code, exceeds one million dollars ($1,000,000), the excess shall revert to the general fund.

(f) Moneys received into the fund pursuant to the provisions of section 31-3201D, Idaho Code, shall be used for the purposes of providing basic training, continuing education and certification of misdemeanor probation officers, whether those officers are employees of or by private sector contract with a county.

History:

[19-5116, added 1983, ch. 117, sec. 1, p. 258; am. 1994, ch. 191, sec. 1, p. 620; am. 1997, ch. 84, sec. 3, p. 202; am. 1998, ch. 150, sec. 1, p. 521; am. 2000, ch. 469, sec. 40, p. 1495; am. 2003, ch. 237, sec. 2, p. 609; am. 2011, ch. 128, sec. 4, p. 357; am. 2017, ch. 181, sec. 2, p. 412; am. 2022, ch. 50, sec. 1, p. 151.]
Idaho Code § 19-2905 — Idaho Code / Title 19 / Chapter 29 / Section 19-2905
19-2905 DEFINITIONS.
Status: in_force

19-2905. definitions. As used in this chapter, unless the context requires otherwise:

(1) "Bail" means a monetary amount required by the court to release the defendant from custody and to ensure his appearance in court as ordered.

(2) "Bail agent" means a producer licensed by the state of Idaho in the line of surety insurance who is authorized by an insurer to execute or countersign undertakings of bail in connection with judicial criminal proceedings.

(3) "Bail bond" means a financial guarantee, posted by a bail agent and underwritten by a surety insurance company, that the defendant will appear as ordered.

(4) "Bench warrant" means a warrant issued by the court because the defendant failed to appear as ordered, failed to comply with a condition of release or the sureties are no longer sufficient.

(5) "Cash deposit" means payment in the form of United States currency, money order, certified check, cashier's check or such other form of payment as provided by the rules of the supreme court.

(6) "Certificate of surrender" means a certificate in a form approved by the supreme court that is completed by a surety insurance company or its bail agent, or a person who has posted a property bond or cash deposit, and provided to the sheriff of the county where the action is pending for signature.

(7) "Conditions of release" means any reasonable restrictions, conditions or prohibitions placed upon the defendant's activities, movements, associations or residences by the court, excluding the court order requiring the defendant to appear in court.

(8) "Exoneration" means a court order directing the full or partial release and discharge from liability of the surety underwriting a bail bond or the person posting a cash deposit or a property bond.

(9) "Forfeiture" means an order of the court reciting that the defendant failed to appear as ordered and stating that bail is forfeited.

(10) "Order of recommitment" means an order of the court committing the defendant back to the custody of the sheriff.

(11) "Person" means a natural person, legal corporation, limited liability corporation, partnership, sole proprietorship or any other business entity recognized by the state of Idaho.

(12) "Property bond" means a financial guarantee approved by the court, secured by property, real or personal, that the defendant will appear in court as ordered.

(13) "Readmittance to bail" means an order of the court allowing the defendant to post new bail following an order of revocation.

(14) "Recommitment" means the return of the defendant to the custody of the sheriff following revocation or forfeiture of bail.

(15) "Reinstatement of bail" means an order of the court allowing the defendant to be released on the same bail previously posted that has been ordered forfeited.

(16) "Revocation of bail" means an order by the court revoking the defendant's release on bail.

(17) "Surety insurance company" means an admitted insurer authorized in the line of surety pursuant to title 41, Idaho Code.

(18) "Surrender" means the voluntary surrender or delivery of the defendant into the custody of the sheriff of the county where the action is pending.

History:

[19-2905, added 2009, ch. 90, sec. 2, p. 260.]
Idaho Code § 19-5903 — Idaho Code / Title 19 / Chapter 59 / Section 19-5903
19-5903 CREATION OF OFFICE OF THE STATE APPELLATE PUBLIC DEFENDER.
Status: in_force

19-5903. Creation OF OFFICE of the state appellate public defender. The office of the state appellate public defender is hereby created in the department of self-governing agencies.

History:

[19-5903, added 2021, ch. 164, sec. 2, p. 466; am. 2023, ch. 220, sec. 18, p. 675.]
Idaho Code § 19-1802 — Idaho Code / Title 19 / Chapter 18 / Section 19-1802
19-1802 FORM OF APPLICATION — HEARING IN ABSENCE OF DEFENDANT.
Status: in_force

19-1802. Form of application — Hearing in absence of defendant. The application must be made in open court and in writing, verified by the affidavit of the defendant, a copy of which must be served upon the prosecuting attorney at least one (1) day before the application is made. Whenever the affidavit shows that the defendant can not safely appear in person to make the application, because the popular excitement against him is so great as to endanger his personal safety, and such statement is sustained by other testimony, the application may be made by counsel, and heard and determined in the absence of the defendant, though he is indicted for felony, and has not at the time of such application been arrested, or given bail, or been arraigned, or pleaded or demurred to the indictment.

History:

[(19-1802) Cr. Prac. 1864, sec. 306, p. 249; R.S., R.C., & C.L., sec. 7769; C.S., sec. 8889; I.C.A., sec. 19-1702.]
Idaho Code § 19-4523 — Idaho Code / Title 19 / Chapter 45 / Section 19-4523
19-4523 APPLICATION FOR ISSUANCE OF REQUISITION — BY WHOM MADE — CONTENTS.
Status: in_force

19-4523. Application for issuance of requisition — By whom made — Contents. (1) When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, and the approximate time, place and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made, and certifying that, in the opinion of the said prosecuting attorney, the ends of justice require the arrest and return of the accused to this state for trial, and that the proceeding is not instituted to enforce a private claim.

(2) When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation or parole, the prosecuting attorney of the county in which the offense was committed, the director of the commission of pardons and parole, or the director of the department of correction or his designee, or head of any institution or facility operated by or under contract with the department of correction, or sheriff of the county from which escape was made, shall present to the governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole, and the state in which he is believed to be, including the location of the person therein at the time application is made.

(3) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two (2) certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or sentence. The prosecuting officer, director of the department of correction or his designee, or head of any institution or facility operated by or under contract with the department of correction, may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. One (1) copy of the application, with the action of the governor indicated by endorsement thereon, and one (1) of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or sentence shall be filed in the office of the secretary of state to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.

History:

[(19-4523) 1927, ch. 29, sec. 23, p. 31; I.C.A., sec. 19-4623; am. 1990, ch. 314, sec. 2, p. 859; am. 2002, ch. 28, sec. 1, p. 35; am. 2008, ch. 136, sec. 24, p. 392.]
Idaho Code § 19-1701 — Idaho Code / Title 19 / Chapter 17 / Section 19-1701
19-1701 DEMURRER OR PLEA.
Status: in_force

19-1701. Demurrer or plea. The only pleading on the part of the defendant is either a demurrer or a plea.

History:

[(19-1701) Cr. Prac. 1864, sec. 283, p. 247; R.S., R.C., & C.L., sec. 7740; C.S., sec. 8868; I.C.A., sec. 19-1601.]
Idaho Code § 19-1202 — Idaho Code / Title 19 / Chapter 12 / Section 19-1202
19-1202 MUST BE PRESENTED TO COURT.
Status: in_force

19-1202. Must be presented to court. The presentment, when found, must be presented by the foreman, in presence of the grand jury, to the court, and must be filed with the clerk.

History:

[(19-1202) Cr. Prac. 1864, sec. 217, p. 239; R.S., R.C., & C.L., sec. 7648; C.S., sec. 8803; I.C.A., sec. 19-1102.]
Idaho Code § 19-4801 — Idaho Code / Title 19 / Chapter 48 / Section 19-4801
19-4801 SHORT TITLE.
Status: in_force

19-4801. short title. This chapter shall be known and may be cited as the "Criminal Justice Integrated Data System Act."

History:

[19-4801, added 2020, ch. 239, sec. 1, p. 697.]
Idaho Code § 19-2007 — Idaho Code / Title 19 / Chapter 20 / Section 19-2007
19-2007 EXCEPTION TO CHALLENGE.
Status: in_force

19-2007. Exception to challenge. If the sufficiency of the facts alleged as ground of the challenge is denied, the adverse party may except to the challenge. The exception need not be in writing, but must be entered on the minutes of the court, and thereupon the court must proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be true.

History:

[(19-2007) Cr. Prac. 1864, secs. 324, 325, p. 250; R.S., R.C., & C.L., sec. 7821; C.S., sec. 8917; I.C.A., sec. 19-1907.]
Idaho Code § 19-1512 — Idaho Code / Title 19 / Chapter 15 / Section 19-1512
19-1512 RIGHT TO COUNSEL.
Status: in_force

19-1512. Right to counsel. If the defendant appears for arraignment without counsel he must be informed by the court that it is his right to have counsel before being arraigned, and must be asked if he desires the aid of counsel.

History:

[(19-1512) Cr. Prac. 1864, sec. 267, p. 246; R.S., R.C. & C.L., sec. 7721; C.S., sec. 8858; I.C.A., sec. 19-1412; am. 1967, ch. 181, sec. 20, p. 599.]
Idaho Code § 19-4512 — Idaho Code / Title 19 / Chapter 45 / Section 19-4512
19-4512 CONFINEMENT IN JAIL WHEN NECESSARY.
Status: in_force

19-4512. Confinement in jail when necessary. The officer or person executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may when necessary, confine the prisoner in the jail of any county or city through which he may pass, and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping; provided however, that such officer or agent shall produce and show to the keeper of such jail, satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state.

History:

[(19-4512) 1927, ch. 29, sec. 12, p. 31; I.C.A., sec. 19-4612; am. 2008, ch. 136, sec. 11, p. 388.]
Idaho Code § 19-1411 — Idaho Code / Title 19 / Chapter 14 / Section 19-1411
19-1411 CERTAINTY REQUIRED OF INDICTMENT.
Status: in_force

19-1411. Certainty required of indictment. It must be direct and certain as it regards:

1. The party charged.

2. The offense charged.

3. The particular circumstances of the offense charged, when they are necessary to constitute a complete offense.

History:

[(19-1411) Cr. Prac. 1864, sec. 235, p. 242; R.S., R.C., & C.L., sec. 7679; C.S., sec. 8827; I.C.A., sec. 19-1311.]
Idaho Code § 19-2311 — Idaho Code / Title 19 / Chapter 23 / Section 19-2311
19-2311 JURY TO FIND DEGREE OF CRIME.
Status: in_force

19-2311. Jury to find degree of crime. Whenever a crime is distinguished into degrees the jury, if they convict the defendant, must find the degree of the crime of which he is guilty.

History:

[(19-2311) 1874, p. 363, sec. 409; R.S., R.C., & C.L., sec. 7925; C.S., sec. 8996; I.C.A., sec. 19-2211.]
Idaho Code § 19-2404 — Idaho Code / Title 19 / Chapter 24 / Section 19-2404
19-2404 NEW TRIAL DEFINED.
Status: in_force

19-2404. New trial defined. A new trial is a reexamination of the issue in the same court, before another jury, after a verdict has been given.

History:

[(19-2404) Cr. Prac. 1864, sec. 426, p. 264; R.S., R.C., & C.L., sec. 7950; C.S., sec. 9015; I.C.A., sec. 19-2305.]
Idaho Code § 19-2909 — Idaho Code / Title 19 / Chapter 29 / Section 19-2909
19-2909 PROPERTY BOND.
Status: in_force

19-2909. property bond. A property bond may be posted by the defendant or third person on behalf of the defendant. For real property to qualify as sufficient surety, it must be located in the state of Idaho and must have an equity value, after deducting the outstanding balance of any existing liens and encumbrances, in the amount of the bail set by the court plus anticipated collection costs. Acceptance of a property bond is in the discretion of the court. A property bond posted with and accepted by the court pursuant to this section, and recorded, shall constitute a consensual lien on the property pursuant to section 55-1005(3), Idaho Code. All fees shall be paid by the person posting the property bond. An order of the court exonerating the property bond shall extinguish the lien and cancel the promissory note. The property bond and the promissory note shall be in a form approved by the supreme court.

History:

[19-2909, added 2009, ch. 90, sec. 2, p. 262.]
Idaho Code § 19-1708 — Idaho Code / Title 19 / Chapter 17 / Section 19-1708
19-1708 DISCHARGE OF DEFENDANT.
Status: in_force

19-1708. Discharge of defendant. If the court does not direct the case to be resubmitted, the defendant, if in custody, must be discharged, or if admitted to bail, his bail is exonerated, or if he has deposited money instead of bail, the money must be refunded to him.

History:

[(19-1708) Cr. Prac. 1864, sec. 290, p. 248; R.S., R.C., & C.L., sec. 7747; C.S., sec. 8875; I.C.A., sec. 19-1608.]
Idaho Code § 19-508 — Idaho Code / Title 19 / Chapter 5 / Section 19-508
19-508 ADDITIONAL REQUIREMENTS OF WARRANT.
Status: in_force

19-508. Additional requirements of warrant. The warrant must specify the name of the defendant, or, if it is unknown to the magistrate, the defendant may be designated therein by any name. It must also state the time of issuing it, and the county, city, or town where it is issued, and be signed by the magistrate, with his name of office, and state the offense charged.

History:

[(19-508) Cr. Prac. 1864, sec. 106, p. 227; R.S., R.C., & C.L., sec. 7520; C.S., sec. 8713; I.C.A., sec. 19-508.]
Idaho Code § 19-3807 — Idaho Code / Title 19 / Chapter 38 / Section 19-3807
19-3807 CONFISCATION OF FIREARMS, EXPLOSIVES OR CONTRABAND UPON CONVICTION.
Status: in_force

19-3807. Confiscation of firearms, explosives or contraband upon conviction. (1) At the time any person is convicted of a felony in any court of the state of Idaho, firearms, ammunition, bombs, nitroglycerin, or explosives of any nature, including illegal fireworks, or any other deadly weapons or contraband of any kind found in his possession or under his control at the time of his arrest may be confiscated and disposed of in accordance with the order of the court before which such person was tried. "Contraband" as used in this section shall mean any personal property, possession of which is illegal under the laws of the state of Idaho or the United States.

(2) Notice of confiscation proceedings shall be given to each owner or person who is believed to have an interest in the property in question by serving a copy of the state's motion describing the property with a notice of hearing on the motion as follows:

(a) Upon each owner or interested party whose name and address is known, by mailing a copy of the state's motion to confiscate and notice of hearing by certified mail to the owner or party's last known address, or to his attorney;

(b) Upon all other owners or interested parties whose addresses are unknown, but who are believed to have an interest in the property, by publishing one (1) notice in a newspaper of general circulation in the county where the property was seized.

(3) Within twenty (20) days after the mailing or publication of the notice, the owner of the property in question and any other interested party may file with the court a claim to the property described in the motion to confiscate.

(4) If one (1) or more claims are filed, the confiscation proceeding shall be set for hearing at least thirty (30) days after the last timely claim is filed.

(5) At the confiscation hearing any person who has filed a timely claim may show by competent evidence that the property in question was not in the possession or control of the defendant at the time of his arrest or that the owner is innocent of any involvement in the acts which led to the defendant's arrest, in which case the court may return the property to the owner or interested person or order any other disposition which is appropriate under the circumstances.

(6) If no claim has been filed within twenty (20) days after the state's motion to confiscate and notice of hearing has been mailed or published, the court shall hear evidence concerning the defendant's possession and control of the property in question at the time of arrest. If it finds that the property was in the defendant's possession and control at the time of arrest or, if pursuant to subsection (5) of this section, the court rejects any claim which has been filed, the court may direct the delivery to the law enforcement agency which apprehended the defendant, for its use or for any other disposition in its discretion or, in the case of a firearm or ammunition, the court shall direct the delivery to the law enforcement agency which apprehended the defendant for disposition in accordance with section 55-403(4), Idaho Code.

History:

[19-3807, added 1941, ch. 53, sec. 1, p. 112; am. 1984, ch. 177, sec. 1, p. 424; am. 2005, ch. 217, sec. 1, p. 690.]
Idaho Code § 19-3901 — Idaho Code / Title 19 / Chapter 39 / Section 19-3901
19-3901 COMPLAINT OR CITATION.
Status: in_force

19-3901. Complaint or citation. All proceedings and actions before the magistrates division of the district court for a public offense of which such court has jurisdiction, must be commenced by complaint setting forth the offense charged, with such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of, and to answer the complaint. A complaint for a misdemeanor must be sworn to before a magistrate or judge. A complaint for an infraction may be an unsworn complaint signed by a law enforcement officer. Provided, however, as to any misdemeanor or infraction triable by a magistrate, a law enforcement officer may, in lieu of making a written complaint, issue to the defendant a uniform citation containing a complaint and a summons to appear in a form and in the manner prescribed by rule of the supreme court. The complaint in the uniform citation shall contain a certification by the law enforcement officer to the effect that he certifies that he has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to law. The citation shall be served upon the defendant by obtaining his written promise to appear in court at a time certain or by physically delivering the citation to the defendant. The citation shall be processed in the courts as prescribed by rule of the supreme court. If the defendant fails to appear on a misdemeanor citation at the time indicated in the summons, the defendant may be prosecuted for the misdemeanor offense of failure to appear under section 19-3901A, Idaho Code.

History:

[(19-3901) Cr. Prac. 1864, sec. 595, p. 287; R.S., R.C., & C.L., sec. 8280; C.S., sec. 9227; I.C.A., sec. 19-4001; am. 1967, ch. 152, sec. 1, p. 342; am. 1971, ch. 117, sec. 1, p. 400; am. 1979, ch. 165, sec. 1, p. 509; am. 1982, ch. 353, sec. 9, p. 874; am. 1983, ch. 25, sec. 1, p. 67.]
Idaho Code § 19-5104 — Idaho Code / Title 19 / Chapter 51 / Section 19-5104
19-5104 COUNCIL — EXPIRATION OF TERM — VACANCIES — ADDITIONAL TERMS.
Status: in_force

19-5104. Council — Expiration of term — Vacancies — Additional terms. No member shall serve beyond the time when he holds the office or employment by reason of which he was initially eligible for appointment and any member chosen to fill a vacancy created otherwise than by expiration of term shall be appointed for the unexpired portion of the term of the member whom he succeeds. Any member may be appointed for additional terms.

History:

[19-5104, added 1981, ch. 307, sec. 2, p. 630.]
Idaho Code § 19-1206 — Idaho Code / Title 19 / Chapter 12 / Section 19-1206
19-1206 SERVICE OF BENCH WARRANT.
Status: in_force

19-1206. Service of bench warrant. The bench warrant may be served in any county, and the officer serving it must proceed thereon as upon a warrant of arrest on an information.

History:

[(19-1206) Cr. Prac. 1864, sec. 223, p. 239; R.S., R.C., & C.L., sec. 7652; C.S., sec. 8807; I.C.A., sec. 19-1106.]
Idaho Code § 19-5111 — Idaho Code / Title 19 / Chapter 51 / Section 19-5111
19-5111 APPLICATION FOR TRAINING — APPROVAL BY COUNCIL.
Status: in_force

19-5111. Application for training — Approval by council. The council shall be the exclusive body for the approval of applications to attend the schools and programs supported under the provisions of section 19-5109, Idaho Code.

History:

[19-5111, added 1981, ch. 307, sec. 2, p. 631.]
Idaho Code § 19-2714 — Idaho Code / Title 19 / Chapter 27 / Section 19-2714
19-2714 FINDING IN CASE OF PREGNANCY.
Status: in_force

19-2714. Finding in case of pregnancy. If it is found by the report that the female is not pregnant, the warden must execute the judgment; if it is found that she is pregnant, the warden must suspend the execution of the judgment, and transmit the report to the district court that imposed the sentence. When the district court that imposed the sentence is satisfied that the female is no longer pregnant, he may issue his warrant appointing a day for the execution of the judgment.

History:

[(19-2714) Cr. Prac. 1864, secs. 463, 464, p. 269; R.S., R.C., & C.L., sec. 8018; C.S., sec. 9061; I.C.A., sec. 19-2614; am. 1984, ch. 159, sec. 5, p. 388.]
Idaho Code § 19-2315 — Idaho Code / Title 19 / Chapter 23 / Section 19-2315
19-2315 JUDGMENT ON INFORMAL VERDICT.
Status: in_force

19-2315. Judgment on informal verdict. If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their intention is to find in favor of the defendant upon the issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal. But no judgment of conviction can be given unless the jury expressly find against the defendant upon the issue, or judgment is given against him on a special verdict.

History:

[(19-2315) Cr. Prac. 1864, sec. 415, p. 262; R.S., R.C., & C.L., sec. 7929; C.S., sec. 9000; I.C.A., sec. 19-2215.]
Idaho Code § 19-3805 — Idaho Code / Title 19 / Chapter 38 / Section 19-3805
19-3805 DELIVERY TO COUNTY TREASURER.
Status: in_force

19-3805. Delivery to county treasurer. If the property stolen or embezzled is not claimed by the owner before the expiration of six (6) months from the conviction of a person for stealing or embezzling it, the magistrate or other officer having it in custody must, on the payment of the necessary expenses incurred in its preservation, deliver it to the county treasurer, by whom it must be sold and the proceeds paid into the county treasury.

History:

[(19-3805) Cr. Prac. 1864, sec. 593, p. 286; R.S., R.C., & C.L., sec. 8242; C.S., sec. 9196; I.C.A., sec. 19-3705.]
Idaho Code § 19-4301A — Idaho Code / Title 19 / Chapter 43 / Section 19-4301A
19-4301A DEATHS TO BE REPORTED TO LAW ENFORCEMENT OFFICIALS AND CORONER.
Status: in_force

19-4301A. Deaths to be reported to law enforcement officials and coroner. (1) Where any death occurs which would be subject to investigation by the coroner under section 19-4301(1), Idaho Code, the person who finds or has custody of the body shall promptly notify either the coroner, who shall notify the appropriate law enforcement agency, or a law enforcement officer or agency, which shall notify the coroner. Pending arrival of a law enforcement officer, the person finding or having custody of the body shall take reasonable precautions to preserve the body and body fluids and the scene of the event shall not be disturbed by anyone until authorization is given by the law enforcement officer conducting the investigation.

(2) Except as otherwise provided in subsection (3) of this section, any person who fails to notify the coroner or law enforcement pursuant to subsection (1) of this section shall be guilty of a misdemeanor and shall be punished by up to one (1) year in the county jail or by a fine not to exceed one thousand dollars ($1,000), or by both such imprisonment and fine.

(3) Any person who, with the intent to prevent discovery of the manner of death, fails to notify or delays notification to the coroner or law enforcement pursuant to subsection (1) of this section, shall be guilty of a felony and shall be punished by imprisonment in the state prison for a term not to exceed ten (10) years or by a fine not to exceed fifty thousand dollars ($50,000) or by both such fine and imprisonment.

History:

[19-4301A, as added by 1961, ch. 262, sec. 3, p. 459; am. 2006, ch. 239, sec. 1, p. 724.]
Idaho Code § 19-3606 — Idaho Code / Title 19 / Chapter 36 / Section 19-3606
19-3606 INVESTIGATION BY GRAND JURY.
Status: in_force

19-3606. Investigation by grand jury. If the magistrate returns a certificate that there is sufficient cause to believe the corporation guilty of the offense charged, the grand jury may proceed thereon as in case of a natural person held to answer.

History:

[(19-3606) 1874, p. 363, sec. 588; R.S., R.C., & C.L., sec. 8227; C.S., sec. 9187; I.C.A., sec. 19-3506.]
Idaho Code § 19-402 — Idaho Code / Title 19 / Chapter 4 / Section 19-402
19-402 COMMENCEMENT OF PROSECUTIONS FOR FELONIES.
Status: in_force

19-402. Commencement of prosecutions for felonies. A prosecution for any felony other than those specified in section 19-401, Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after its commission, provided however, a prosecution under sections 18-1506A and 18-1506B, Idaho Code, must be commenced within three (3) years after the date of initial disclosure by the victim to law enforcement.

History:

[19-402, added 1972, ch. 336, sec. 5, p. 986; am. 1985, ch. 157, sec. 1, p. 416; am. 1989, ch. 270, sec. 2, p. 659; am. 1990, ch. 210, sec. 3, p. 468; am. 1992, ch. 146, sec. 1, p. 442; am. 2000, ch. 277, sec. 3, p. 900; am. 2001, ch. 142, sec. 2, p. 508; am. 2002, ch. 222, sec. 9, p. 630; am. 2003, ch. 280, sec. 3, p. 757; am. 2006, ch. 39, sec. 2, p. 117; am. 2019, ch. 130, sec. 2, p. 465.]
Idaho Code § 19-808 — Idaho Code / Title 19 / Chapter 8 / Section 19-808
19-808 EXAMINATION OF WITNESSES FOR STATE.
Status: in_force

19-808. Examination of witnesses for state. The witnesses for the prosecution must be examined under oath in the presence of the defendant, and may be cross-examined in his behalf.

History:

[(19-808) Cr. Prac. 1864, sec. 150, p. 231; R.S., R.C., & C.L., sec. 7572; C.S., sec. 8750; I.C.A., sec. 19-708; am. 1969, ch. 467, sec. 3, p. 1339.]
Idaho Code § 19-1415 — Idaho Code / Title 19 / Chapter 14 / Section 19-1415
19-1415 ERRONEOUS DESIGNATION OF PERSON INJURED.
Status: in_force

19-1415. Erroneous designation of person injured. When an offense involves the commission of, or an attempt to commit, a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured, or intended to be injured, is not material.

History:

[(19-1415) Cr. Prac. 1864, sec. 239, p. 242; R.S., R.C., & C.L., sec. 7683; C.S., sec. 8831; I.C.A., sec. 19-1315.]
Idaho Code § 19-5512 — Idaho Code / Title 19 / Chapter 55 / Section 19-5512
19-5512 PENALTIES.
Status: in_force

19-5512. Penalties. Any person subject to the terms of this chapter who fails to give a DNA sample or thumbprint impression, after a request by the bureau of forensic services, the department of correction, any law enforcement personnel, or any officer of the court, is guilty of a felony. The samples and impressions required by this chapter may be taken by the use of reasonable force once a person is imprisoned for failure to give the required sample.

History:

[19-5512, added 1997, ch. 120, sec. 1, p. 347.]
Idaho Code § 19-1304 — Idaho Code / Title 19 / Chapter 13 / Section 19-1304
19-1304 PROVISIONS CONCERNING INDICTMENT APPLICABLE TO INFORMATION.
Status: in_force

19-1304. Provisions concerning indictment applicable to information. The provisions of this code in relation to indictments, and all other provisions of law applying to prosecutions upon indictments, to writs and process therein, and the issuing and service thereof, to motions, pleadings, trials and punishments, or the execution of any sentence, and to all other proceedings in cases of indictment, whether in the court of original or appellate jurisdiction, shall in the same manner and to the same extent, as near as may be, apply to informations and all prosecutions and proceedings thereon.

History:

[(19-1304) 1890-1891, p. 184, sec. 4; reen. 1899, p. 125, sec. 4; am. R.C. & C.L., sec. 7658; C.S., sec. 8812; I.C.A., sec. 19-1204.]
Idaho Code § 19-1405 — Idaho Code / Title 19 / Chapter 14 / Section 19-1405
19-1405 PRESENTMENT AND FILING OF INDICTMENT.
Status: in_force

19-1405. Presentment and filing of indictment. An indictment, when found by the grand jury, must be presented by their foreman, in their presence, to the court, and must be filed with the clerk.

History:

[(19-1405) Cr. Prac. 1864, sec. 229, p. 241; R.S., R.C., & C.L., sec. 7669; C.S., sec. 8821; I.C.A., sec. 19-1305.]
Idaho Code § 19-2523 — Idaho Code / Title 19 / Chapter 25 / Section 19-2523
19-2523 CONSIDERATION OF MENTAL ILLNESS IN SENTENCING.
Status: in_force

19-2523. Consideration of mental illness in sentencing. (1) Evidence of mental condition shall be received, if offered, at the time of sentencing of any person convicted of a crime. In determining the sentence to be imposed in addition to other criteria provided by law, if the defendant's mental condition is a significant factor, the court shall consider such factors as:

(a) The extent to which the defendant is mentally ill;

(b) The degree of illness or defect and level of functional impairment;

(c) The prognosis for improvement or rehabilitation;

(d) The availability of treatment and level of care required;

(e) Any risk of danger which the defendant may create for the public, if at large, or the absence of such risk;

(f) The capacity of the defendant to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law at the time of the offense charged.

(2) The court shall authorize treatment during the period of confinement or probation specified in the sentence if, after the sentencing hearing, it concludes by clear and convincing evidence that:

(a) The defendant suffers from a severe and reliably diagnosable mental illness or defect resulting in the defendant's inability to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law;

(b) Without treatment, the immediate prognosis is for major distress resulting in serious mental or physical deterioration of the defendant;

(c) Treatment is available for such illness or defect;

(d) The relative risks and benefits of treatment or nontreatment are such that a reasonable person would consent to treatment. (of the offense charged.)

(3) In addition to the authorization of treatment, the court shall pronounce sentence as provided by law.

History:

[19-2523, added 1982, ch. 368, sec. 10, p. 925.]
Idaho Code § 19-3929 — Idaho Code / Title 19 / Chapter 39 / Section 19-3929
19-3929 PRONOUNCEMENT AND ENTRY OF JUDGMENT.
Status: in_force

19-3929. Pronouncement and entry of judgment. If the judgment is not arrested, or a new trial granted judgment must be pronounced at the time appointed and entered in the minutes of the court.

History:

[(19-3929) Cr. Prac. 1864, sec. 621, p. 290; R.S., R.C., & C.L., sec. 8307; C.S., sec. 9255; I.C.A., sec. 19-4029.]
Idaho Code § 19-3202 — Idaho Code / Title 19 / Chapter 32 / Section 19-3202
19-3202 APPLICATION FOR ORDER.
Status: in_force

19-3202. Application for order. When a material witness for the defendant resides out of the state the defendant may apply for an order that the witness be examined on a commission.

History:

[(19-3202) R.S., R.C., & C.L., sec. 8177; C.S., sec. 9153; I.C.A., sec. 19-3102.]
Idaho Code § 19-4003 — Idaho Code / Title 19 / Chapter 40 / Section 19-4003
19-4003 DELIVERY OF ARTICLES TO PRESIDENT OF SENATE.
Status: in_force

19-4003. Delivery of articles to president of senate. When an officer is impeached by the house of representatives for a misdemeanor in office, the articles of impeachment must be delivered to the president of the senate.

History:

[(19-4003) Cr. Prac. 1864, sec. 51, p. 219; R.S., R.C., & C.L., sec. 7427; C.S., sec. 8656; I.C.A., sec. 19-4103.]
Idaho Code § 19-6103 — Idaho Code / Title 19 / Chapter 61 / Section 19-6103
19-6103 COMPLAINT — EQUITABLE RELIEF.
Status: in_force

19-6103. COMPLAINT — EQUITABLE RELIEF. (1) Any person, including the federal government, may file a complaint with the attorney general if the person offers evidence to support an allegation that a governmental entity has adopted, enforced, or endorsed a policy under which the entity prohibits or discourages the enforcement of immigration laws or that the entity, by consistent actions, prohibits or discourages the enforcement of those laws. The person must include with the complaint the evidence the person has that supports the complaint.

(2) If the attorney general determines that a complaint filed under subsection (1) of this section against a governmental entity is valid, the attorney general may file a petition for a writ of mandamus or apply for other appropriate equitable relief in a district court in Ada county, or in a county in which the principal office of the entity is located, to compel the entity that adopts, enforces, or endorses a policy under which the governmental entity prohibits or discourages the enforcement of immigration laws or that, by consistent actions, prohibits or discourages the enforcement of those laws to comply with section 19-6102, Idaho Code. The attorney general may recover reasonable expenses incurred in obtaining relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs.

History:

[(19-6103) 19-6003, added 2023, ch. 263, sec. 1, p. 789; am. and redesig. 2024, ch. 16, sec. 4, p. 137.]
Idaho Code § 19-5608 — Idaho Code / Title 19 / Chapter 56 / Section 19-5608
19-5608 DRUG COURT AND MENTAL HEALTH COURT FEE.
Status: in_force

19-5608. Drug court and mental health court fee. Each person admitted into a drug court or mental health court shall pay the drug court and mental health court fee as established in section 31-3201E, Idaho Code.

History:

[19-5608, added 2004, ch. 249, sec. 2, p. 715; am. 2005, ch. 358, sec. 7, p. 1132.]
Idaho Code § 19-1425 — Idaho Code / Title 19 / Chapter 14 / Section 19-1425
19-1425 MISDESCRIPTION OF FORGED INSTRUMENT.
Status: in_force

19-1425. Misdescription of forged instrument. When an instrument which is the subject of an indictment for forgery has been destroyed or withheld by the act or the procurement of the defendant, and the fact of such destruction or withholding is alleged in the indictment and established on the trial, the misdescription of the instrument is immaterial.

History:

[(19-1425) Cr. Prac. 1864, sec. 248, p. 243; R.S., R.C., & C.L., sec. 7692; C.S., sec. 8840; I.C.A., sec. 19-1325.]
Idaho Code § 19-5114 — Idaho Code / Title 19 / Chapter 51 / Section 19-5114
19-5114 ANNUAL REPORTS.
Status: in_force

19-5114. Annual reports. The council shall report annually to the governor and legislature through the director of the Idaho state police on its activities and may make such other reports and recommendations as it deems desirable.

History:

[19-5114, added 1981, ch. 307, sec. 2, p. 632; am. 2000, ch. 469, sec. 39, p. 1495.]
Idaho Code § 19-2012 — Idaho Code / Title 19 / Chapter 20 / Section 19-2012
19-2012 INSTRUCTION AS TO RIGHT OF CHALLENGE.
Status: in_force

19-2012. Instruction as to right of challenge. Before a juror is called the defendant must be informed by the court, or under its direction, that if he intends to challenge an individual juror he must do so before the jury is sworn.

History:

[(19-2012) Cr. Prac. 1864, sec. 331, p. 252; R.S., R.C., & C.L., sec. 7826; C.S., sec. 8922; I.C.A., sec. 19-1912.]
Idaho Code § 19-3025 — Idaho Code / Title 19 / Chapter 30 / Section 19-3025
19-3025 WITNESS PSYCHIATRIC, PSYCHOLOGICAL EXAMINATION.
Status: in_force

19-3025. Witness psychiatric, psychological examination. Except upon the agreement of the parties, the court shall not order a witness in a prosecution for any offense or a victim of any offense to submit to a psychiatric or psychological examination for the purpose of assessing the witness's or victim's credibility.

History:

[19-3025, added 1989, ch. 304, sec. 1, p. 758.]
Idaho Code § 19-1110 — Idaho Code / Title 19 / Chapter 11 / Section 19-1110
19-1110 ACCESS TO PRISONS AND PUBLIC RECORDS.
Status: in_force

19-1110. Access to prisons and public records. They are also entitled to free access, at all reasonable times, to the public prisons, and to the examination, without charge, of all public records within the county.

History:

[(19-1110) Cr. Prac. 1864, sec. 211, p. 238; R.S., R.C., & C.L., sec. 7639; C.S., sec. 8798; I.C.A., sec. 19-1010.]
Idaho Code § 19-3502 — Idaho Code / Title 19 / Chapter 35 / Section 19-3502
19-3502 CONTINUANCE FOR CAUSE.
Status: in_force

19-3502. Continuance for cause. If the defendant is not indicted or tried, as provided in the last section, and sufficient reason therefor is shown, the court may order the action to be continued to a date subsequent, and in the meantime may discharge the defendant from custody on his own undertaking of bail for his appearance to answer the charge at the time to which the action is continued.

History:

[(19-3502) Cr. Prac. 1864, sec. 582, p. 285; R.S., R.C., & C.L., sec. 8213; C.S., sec. 9177; I.C.A., sec. 19-3402; am. 1994, ch. 270, sec. 1, p. 833.]
Idaho Code § 19-5204 — Idaho Code / Title 19 / Chapter 52 / Section 19-5204
19-5204 EXECUTIVE OFFICER OF BOARD.
Status: in_force

19-5204. Executive officer of board. The director of the Idaho state police shall be the executive officer of the ILETS board and shall be responsible for the carrying out of the policies and rules of the board and with the management and expenditures of such funds as may be appropriated to implement this chapter.

History:

[19-5204, added 1971, ch. 195, sec. 4, p. 884; am. 1974, ch. 27, sec. 12, p. 811; am. 2000, ch. 469, sec. 43, p. 1498; am. 2005, ch. 115, sec. 6, p. 375.]
Idaho Code § 19-2319 — Idaho Code / Title 19 / Chapter 23 / Section 19-2319
19-2319 COMMITTAL OF DEFENDANT ON CONVICTION.
Status: in_force

19-2319. Committal of defendant on conviction. If a general verdict is rendered against the defendant, or a special verdict is given, he must be remanded, if in custody, or if on bail he may be committed to the proper officer of the county to await the judgment of the court upon the verdict. When committed, his bail is exonerated, or if money is deposited instead of bail, it must be refunded to the defendant.

History:

[(19-2319) Cr. Prac. 1864, sec. 419, p. 263; R.S., R.C., & C.L., sec. 7933; C.S., sec. 9004; I.C.A., sec. 19-2219.]
Idaho Code § 19-4004 — Idaho Code / Title 19 / Chapter 40 / Section 19-4004
19-4004 TIME AND NOTICE OF HEARING.
Status: in_force

19-4004. Time and notice of hearing. The senate must assign a day for the hearing of the impeachment and inform the house of representatives thereof. The president of the senate must cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed, to be served on the defendant not less than ten (10) days before the day fixed for the hearing.

History:

[(19-4004) Cr. Prac. 1864, sec. 52, p. 219; R.S., R.C., & C.L., sec. 7428; C.S., sec. 8657; I.C.A., sec. 19-4104.]
Idaho Code § 19-2506 — Idaho Code / Title 19 / Chapter 25 / Section 19-2506
19-2506 CLERK TO ISSUE WARRANT.
Status: in_force

19-2506. Clerk to issue warrant. The clerk, on the application of the prosecuting attorney, may, at any time after the order, whether the court be sitting or not, issue a bench warrant into one or more counties.

History:

[(19-2506) Cr. Prac. 1864, sec. 439, p. 266; R.S., R.C., & C.L., sec. 7985; C.S., sec. 9028; I.C.A., sec. 19-2406.]
Idaho Code § 19-4418 — Idaho Code / Title 19 / Chapter 44 / Section 19-4418
19-4418 RESTORATION OF PROPERTY.
Status: in_force

19-4418. Restoration of property. If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person from whom it was taken.

History:

[(19-4418) Cr. Prac. 1864, sec. 647, p. 293; R.S., R.C., & C.L., sec. 8407; C.S., sec. 9336; I.C.A., sec. 19-4518.]
Idaho Code § 19-1604 — Idaho Code / Title 19 / Chapter 16 / Section 19-1604
19-1604 ORDER FOR RESUBMISSION.
Status: in_force

19-1604. Order for resubmission. If the court directs the case to be resubmitted, the defendant, if already in custody, must so remain, unless he is admitted to bail; or, if already admitted to bail, or money has been deposited instead thereof, the bail or money is answerable for the appearance of the defendant to answer a new indictment; and, unless a new indictment is found before the next grand jury of the county is discharged, the court must, on the discharge of such grand jury, make the order prescribed by the preceding section.

History:

[(19-1604) Cr. Prac. 1864, secs. 280, p. 247, 281; R.S., R.C., & C.L., sec. 7733; C.S., sec. 8866; I.C.A., sec. 19-1504.]
Idaho Code § 19-4517 — Idaho Code / Title 19 / Chapter 45 / Section 19-4517
19-4517 EXTENSION OF TIME OF COMMITMENT.
Status: in_force

19-4517. Extension of time of commitment. If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, as provided in section 19-4515, Idaho Code, a judge or magistrate may discharge him or may recommit him for a further period not to exceed sixty (60) days, or a judge or magistrate may again take bail for his appearance and surrender, as provided in section 19-4516, Idaho Code, but within a period not to exceed sixty (60) days after the date of such new bond.

History:

[(19-4517) 1927, ch. 29, sec. 17, p. 31; I.C.A., sec. 19-4617; am. 2008, ch. 136, sec. 18, p. 390.]
Idaho Code § 19-5113 — Idaho Code / Title 19 / Chapter 51 / Section 19-5113
19-5113 INVESTIGATIONS — AUTHORITY TO ADMINISTER OATHS — SUBPOENAS.
Status: in_force

19-5113. Investigations — Authority to administer oaths — Subpoenas. To determine whether the standards, training, qualifications of instructors or schools, the obligations of applicants for aid, or recipients of aid, are being complied with and for such other purposes as the council deems necessary and not inconsistent with the intent of this act, the director of the Idaho state police or his authorized representative may administer oaths, take depositions and/or issue subpoenas to compel the attendance of witnesses and the production of books, papers, records, memoranda or other information. If any person fails to comply with any subpoena issued under this section or refuses to testify on any matter on which he lawfully may be interrogated, compliance with such subpoena shall be sought in the district court wherein such subpoena was served.

History:

[19-5113, added 1981, ch. 307, sec. 2, p. 632; am. 2000, ch. 469, sec. 38, p. 1495.]
Idaho Code § 19-5302 — Idaho Code / Title 19 / Chapter 53 / Section 19-5302
19-5302 VICTIMS OF CRIME.
Status: in_force

19-5302. Victims of crime. If a district court or a magistrate division orders the defendant to pay restitution, the court shall order the defendant to pay such restitution to the victim or victims injured by the defendant's action.

History:

[19-5302, added 1984, ch. 86, sec. 1, p. 169; am. 1985, ch. 122, sec. 4, p. 300; am. 1986, ch. 197, sec. 1, p. 495; am. 2004, ch. 21, sec. 1, p. 23; am. 2018, ch. 189, sec. 2, p. 415.]
Idaho Code § 19-4105 — Idaho Code / Title 19 / Chapter 41 / Section 19-4105
19-4105 ANSWER OR DEMURRER.
Status: in_force

19-4105. Answer or demurrer. The defendant may answer the accusation either by objecting to the sufficiency thereof, or of any article therein, or by denying the truth of the same.

History:

[(19-4105) Cr. Prac. 1864, sec. 71, p. 221; R.S., R.C., & C.L., sec. 7449; C.S., sec. 8674; I.C.A., sec. 19-4205.]
Idaho Code § 19-2718 — Idaho Code / Title 19 / Chapter 27 / Section 19-2718
19-2718 RETURN OF DEATH WARRANT.
Status: in_force

19-2718. Return of death warrant. After the execution, the executioner shall make a return upon the death warrant to the district court, showing the time, mode and manner in which it was executed.

History:

[(19-2718) R.S., sec. 8022; am. 1899, p. 340, sec. 6; reen. R.C. & C.L., sec. 8022; C.S., sec. 9065; I.C.A., sec. 19-2618; am. 1941, ch. 150, sec. 3, p. 303; am. 2012, ch. 83, sec. 1, p. 240.]
Idaho Code § 19-4406 — Idaho Code / Title 19 / Chapter 44 / Section 19-4406
19-4406 ISSUANCE OF WARRANT.
Status: in_force

19-4406. Issuance of warrant. If the magistrate is thereupon satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, he must issue a search warrant, signed by him with his name of office, to a peace officer in his county, commanding him forthwith to search the person or place named, for the property specified, and to bring it before the magistrate.

If the affidavit for the warrant is related to the court telephonically, the magistrate may verbally authorize a peace officer to sign the magistrate's name on a duplicate original warrant, which verbal authorization shall be recorded and transcribed. After service of the warrant, this duplicate original warrant must be returned to the magistrate who authorized the signing of his name on it. The magistrate shall then endorse his name and enter the date on the warrant when it is returned to him. Any failure of the magistrate to make such an endorsement does not in itself invalidate the warrant.

History:

[(19-4406) Cr. Prac. 1864, sec. 634, p. 291; R.S., R.C. & C.L., sec. 8395; C.S., sec. 9324; I.C.A., sec. 19-4506; am. 1994, ch. 415, sec. 2, p. 1304.]
Idaho Code § 19-1303 — Idaho Code / Title 19 / Chapter 13 / Section 19-1303
19-1303 STATEMENT OF OFFENSE CHARGED.
Status: in_force

19-1303. Statement of offense charged. The offense charged in all informations shall be stated with the same fullness and precision in matters of substance as is required in indictments in like cases, and in all cases defendant or defendants shall have the same rights as to proceedings therein as he or they would have if prosecuted for the same offense upon indictment.

History:

[(19-1303) 1890-1891, p. 184, sec. 3; am. 1893, p. 164, sec. 1; reen. 1899, p. 125, sec. 3; reen. R.C. & C.L., sec. 7657; C.S., sec. 8811; I.C.A., sec. 19-1203.]
Idaho Code § 19-1103 — Idaho Code / Title 19 / Chapter 11 / Section 19-1103
19-1103 INDICTMENT DEFINED.
Status: in_force

19-1103. Indictment defined. An indictment is an accusation in writing, presented by the grand jury to a competent court, charging a person with a public offense.

History:

[(19-1103) Cr. Prac. 1864, sec. 202, p. 237; R.S., R.C., & C.L., sec. 7632; C.S., sec. 8791; I.C.A., sec. 19-1003.]
Idaho Code § 19-2603 — Idaho Code / Title 19 / Chapter 26 / Section 19-2603
19-2603 PRONOUNCEMENT AND EXECUTION OF JUDGMENT AFTER VIOLATION OF PROBATION.
Status: in_force

19-2603. Pronouncement and execution of judgment after violation of probation. When the court finds that the defendant has violated the terms and conditions of probation, it may, if judgment has been withheld, pronounce any judgment which it could originally have pronounced, or, if judgment was originally pronounced but suspended, revoke probation. The time such person shall have been at large under such suspended sentence shall not be counted as a part of the term of his sentence. The defendant shall receive credit for time served from the date of service of a bench warrant issued by the court after a finding of probable cause to believe the defendant has violated a condition of probation, for any time served following an arrest of the defendant pursuant to section 20-227, Idaho Code, and for any time served as a condition of probation under the withheld judgment or suspended sentence.

History:

[(19-2603) 1915, ch. 104, part of sec. 1, p. 245; reen. C.L., sec. 8001; C.S., sec. 9045; I.C.A., sec. 19-2505; am. 2015, ch. 99, sec. 2, p. 240.]
Idaho Code § 19-2409 — Idaho Code / Title 19 / Chapter 24 / Section 19-2409
19-2409 ARREST WITHOUT MOTION.
Status: in_force

19-2409. Arrest without motion. The court may also, on its own view of any of these defects, arrest the judgment without motion.

History:

[(19-2409) Cr. Prac. 1864, sec. 430, p. 265; R.S., R.C., & C.L., sec. 7961; C.S., sec. 9020; I.C.A., sec. 19-2310.]
Idaho Code § 19-4210 — Idaho Code / Title 19 / Chapter 42 / Section 19-4210
19-4210 DISCOVERY IN HABEAS CORPUS PROCEEDINGS.
Status: in_force

19-4210. Discovery in habeas corpus proceedings. (1) Discovery shall not ordinarily be permitted in habeas corpus cases.

(2) No discovery shall be permitted if the issues raised by the petition, the response or reply are wholly legal in nature.

(3) If factual issues are raised by the pleadings, the court may, upon motion, grant leave for discovery in accordance with Idaho rules of civil procedure.

(a) The party must file a motion for leave to conduct discovery, attaching a copy of the discovery sought.

(b) If the court finds that discovery is necessary to protect or defend a substantive state or federal constitutional right at issue, it shall enter an order tailored to allow discovery for that limited purpose.

History:

[19-4210, added 1999, ch. 376, sec. 2, p. 1031.]
Idaho Code § 19-824 — Idaho Code / Title 19 / Chapter 8 / Section 19-824
19-824 CONDITIONAL EXAMINATION.
Status: in_force

19-824. Conditional examination. When, however, it satisfactorily appears by examination on oath of the witness, or any other person, that the witness is unable to procure sureties, he may be forthwith conditionally examined on behalf of the people. Such examination must be by question and answer in the presence of the defendant, or after notice to him, if on bail, and conducted in the same manner as the examination before a committing magistrate is required by this chapter to be conducted, and the witness thereupon be discharged; but this section does not apply to an accomplice in the commission of the offense charged.

History:

[(19-824) Cr. Prac. 1864, sec. 170, p. 233; R.S., R.C., & C.L., sec. 7588; C.S., sec. 8766; I.C.A., sec. 19-724.]
Idaho Code § 19-3024 — Idaho Code / Title 19 / Chapter 30 / Section 19-3024
19-3024 STATEMENTS BY CHILD.
Status: in_force

19-3024. Statements by child. Statements made by a child under the age of ten (10) years describing any act of sexual abuse, physical abuse, or other criminal conduct committed with or upon the child, although not otherwise admissible by statute or court rule, are admissible in evidence after a proper foundation has been laid in accordance with the Idaho rules of evidence in any proceedings under the child protective act, chapter 16, title 16, Idaho Code, or in any criminal proceedings in the courts of the state of Idaho if:

1. The court finds, in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statements provide sufficient indicia of reliability; and

(2) The child either:

(a) Testifies at the proceedings; or

(b) Is unavailable as a witness. A child is unavailable as a witness when the child is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity. Provided, that when the child is unavailable as a witness, such statements may be admitted only if there is corroborative evidence of the act.

Statements may not be admitted unless the proponent of the statements notifies the adverse party of his intention to offer the statements and the particulars of the statements sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statements.

History:

[19-3024, added 1986, ch. 196, sec. 1, p. 494.]
Idaho Code § 19-5706 — Idaho Code / Title 19 / Chapter 57 / Section 19-5706
19-5706 DISCLOSURE OF RECORDS PROHIBITED — EXCEPTIONS.
Status: in_force

19-5706. Disclosure of records prohibited — Exceptions. Notwithstanding any other provision of state law, the secretary of state shall not make any records in a program participant's file available for inspection or copying, other than the address designated by the secretary of state, except under the following circumstances:

(1) If requested by a law enforcement agency, to the law enforcement agency; or

(2) If directed by a court order, to a person identified in the order.

History:

[19-5706, added 2008, ch. 232, sec. 1, p. 705.]
Idaho Code § 19-2027 — Idaho Code / Title 19 / Chapter 20 / Section 19-2027
19-2027 DISPOSITION OF CHALLENGE FOR BIAS.
Status: in_force

19-2027. Disposition of challenge for bias. On the trial of a challenge for either implied or actual bias, the court must determine the law and the fact, and must either allow or disallow the challenge, and direct an entry accordingly upon the minutes.

History:

[(19-2027) Cr. Prac. 1864, secs. 348, 349, p. 254; R.S., sec. 7843; am. 1905, p. 9, sec. 1; reen. R.C. & C.L., sec. 7843; C.S., sec. 8937; I.C.A., sec. 19-1927.]
Idaho Code § 19-507 — Idaho Code / Title 19 / Chapter 5 / Section 19-507
19-507 FORM OF WARRANT.
Status: in_force

19-507. Form of warrant. A warrant of arrest is an order in writing, in the name of the state of Idaho, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form:

County of …., state of Idaho.

To any sheriff, constable, marshal, or policeman of said state, or of the county of ….:

A complaint on oath, having this day been laid before me, by A.B., that the crime of (designating it) has been committed, and accusing C.D. thereof, you are therefore commanded forthwith to arrest the above named C.D. and bring him before me at (naming the place), or in the case of my absence or inability to act, before the nearest or most accessible magistrate in this county.

Dated at …., this …. day of …., …..

History:

[(19-507) Cr. Prac. 1864, sec. 105, p. 226; R.S., R.C., & C.L., sec. 7519; C.S., sec. 8712; I.C.A., sec. 19-507; am. 2002, ch. 32, sec. 2, p. 47.]
Idaho Code § 19-2001 — Idaho Code / Title 19 / Chapter 20 / Section 19-2001
19-2001 KINDS OF CHALLENGE.
Status: in_force

19-2001. Kinds of challenge. A challenge is an objection made to trial jurors and is of two kinds:

1. To the panel.

2. To an individual juror.

History:

[(19-2001) Cr. Prac. 1864, sec. 318, p. 250; R.S., R.C., & C.L., sec. 7815; C.S., sec. 8911; I.C.A., sec. 19-1901.]
Idaho Code § 19-4224 — Idaho Code / Title 19 / Chapter 42 / Section 19-4224
19-4224 EXCLUSIVE REMEDY.
Status: in_force

19-4224. Exclusive remedy. This chapter sets forth the exclusive procedures and remedies in habeas corpus actions.

History:

[19-4224, added 1999, ch. 376, sec. 2, p. 1034.]
Idaho Code § 19-2601A — Idaho Code / Title 19 / Chapter 26 / Section 19-2601A
19-2601A BLENDED SENTENCE.
Status: in_force

19-2601A. blended sentence. (1) If the convicted juvenile is a juvenile held for adult criminal proceedings, the court may suspend execution of judgment of a sentence, retain jurisdiction and issue an order committing the convicted juvenile to dual custody with the state board of correction and the department of juvenile corrections.

(2) During this period of dual custody and retained jurisdiction:

(a) The department of juvenile corrections shall assume physical custody of and financial responsibility for the convicted juvenile from the time of the court's order until the court terminates the department's custody, jurisdiction is relinquished or the juvenile reaches twenty-one (21) years of age, whichever occurs first;

(b) The department of juvenile corrections shall be responsible for determining the placement of the convicted juvenile and such education, programming and treatment as it determines to be appropriate. However, court approval is required by the sentencing court prior to the department placing a convicted juvenile in a community residential setting;

(c) The state board of correction shall be a member of the convicted juvenile's treatment team. The state board of correction shall participate in staffings and shall provide supervision pursuant to section 20-219, Idaho Code, if the convicted juvenile is placed in a community residential setting by the department of juvenile corrections. During this period of supervision, the state board of correction shall not file a probation violation, but may petition the court to terminate the custody of the department pursuant to paragraph (d) of this subsection;

(d) While the convicted juvenile is in the physical custody of the department of juvenile corrections, if either the department or the state board of correction reasonably believes that the juvenile is failing to comply with all reasonable program requirements, the department or the state board of correction may petition the sentencing court to terminate custody of the department. If the juvenile has successfully completed the program or is sixty (60) days or less from turning twenty-one (21) years of age, the department of juvenile corrections shall return the convicted juvenile to the court for further disposition;

(e) Any recommendation made by the state board of correction or the department of juvenile corrections to the court regarding the convicted juvenile shall be in the nature of an addendum to the presentence report; and

(f) Upon the release of the juvenile by the department of juvenile corrections, its duties and obligations cease and custody of the convicted juvenile with the department is terminated.

(3) All time served under the custody of the department of juvenile corrections shall be credited toward the total sentence given the convicted juvenile. However, in no event may the total of the actual time spent by the convicted juvenile in the custody of the department, plus any adult sentence imposed by the court, exceed the maximum period of imprisonment that could be imposed on an adult convicted of the same crime.

(4) Upon the release of the convicted juvenile by the department of juvenile corrections or termination of department custody, the court may impose another period of retained jurisdiction pursuant to subsection 4. of section 19-2601, Idaho Code, relinquish jurisdiction and impose the remainder of the sentence with the state board of correction, or place the convicted juvenile on adult felony probation.

History:

[19-2601A, added 2015, ch. 113, sec. 3, p. 283.]
Idaho Code § 19-3904 — Idaho Code / Title 19 / Chapter 39 / Section 19-3904
19-3904 DOCKET AND MINUTES.
Status: in_force

19-3904. Docket and minutes. A docket must be kept by the magistrate judge, or by the clerk of the court, in which must be entered each action and the proceedings of the court therein.

History:

[(19-3904) Cr. Prac. 1864, sec. 600, p. 288; R.S., R.C., & C.L., sec. 8282; C.S., sec. 9230; I.C.A., sec. 19-4004; am. 2012, ch. 20, sec. 13, p. 69.]
Idaho Code § 19-3935 — Idaho Code / Title 19 / Chapter 39 / Section 19-3935
19-3935 SUBPOENAS FOR WITNESSES.
Status: in_force

19-3935. Subpoenas for witnesses. The justice or judge of either of the courts mentioned in this chapter may issue subpoenas for witnesses and punish disobedience thereof, as provided in sections 19-3004, 19-3006—19-3012 inclusive.

History:

[(19-3935) R.S., R.C., & C.L., sec. 8313; C.S., sec. 9261; I.C.A., sec. 19-4035.]
Idaho Code § 19-4412 — Idaho Code / Title 19 / Chapter 44 / Section 19-4412
19-4412 TIME FOR EXECUTING WARRANT.
Status: in_force

19-4412. Time for executing warrant. A search warrant must be executed and returned to the magistrate who issued it, within fourteen (14) days after its date; after the expiration of this time the warrant, unless executed, is void.

History:

[(19-4412) Cr. Prac. 1864, sec. 640, p. 292; R.S., R.C., & C.L., sec. 8401; C.S., sec. 9330; I.C.A., sec. 19-4512; am. 2001, ch. 201, sec. 1, p. 681.]
Idaho Code § 19-1714 — Idaho Code / Title 19 / Chapter 17 / Section 19-1714
19-1714 PLEA OF GUILTY.
Status: in_force

19-1714. Plea of guilty. A plea of guilty can be put in by the defendant himself only in open court, unless upon indictment against a corporation, in which case it may be put in by counsel. The court may at any time before judgment, upon a plea of guilty, permit it to be withdrawn and a plea of not guilty substituted: provided, that upon the application of the defendant, a plea of guilty may be received, and sentence may be passed, at chambers as provided in section 1-901.

History:

[(19-1714) Cr. Prac. 1864, secs. 297, 298, p. 249; R.S., sec. 7757; am. R.C. & C.L., sec. 7757; C.S., sec. 8881; I.C.A., sec. 19-1614.]
Idaho Code § 19-3007A — Idaho Code / Title 19 / Chapter 30 / Section 19-3007A
19-3007A SERVICE OF SUBPOENA BY MAIL OR MESSENGER.
Status: in_force

19-3007A. Service of subpoena by mail or messenger. (1) Notwithstanding the provisions of section 19-3007, Idaho Code, a subpoena may be delivered by mail or messenger. Service shall be effected when the witness acknowledges receipt of the subpoena to the sender by telephone, by mail, or in person, and identifies himself or herself by reference to his date of birth and his driver's license number or social security number. The sender shall make a written notation of the identifying information obtained during any acknowledgement by telephone or in person. A subpoena issued and acknowledged pursuant to this section shall have the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt, and the subpoena may so state; provided, that a warrant of arrest or a body attachment may not be issued based upon a failure to appear after being subpoenaed pursuant to this section.

(2) A party requesting a continuance based upon the failure of a witness to appear in court at the time and place required for his appearance or testimony pursuant to a subpoena shall prove to the court that the party has complied with the provisions of this section. Such a continuance shall only be granted for a period of time which would allow personal service of the subpoena and a reasonable time for the witness to appear before the court.

History:

[19-3007A, added 1989, ch. 267, sec. 2, p. 653.]
Idaho Code § 19-3002 — Idaho Code / Title 19 / Chapter 30 / Section 19-3002
19-3002 HUSBAND AND WIFE AS WITNESSES.
Status: in_force

19-3002. Husband and wife as witnesses. Neither husband nor wife are competent witnesses for or against each other in a criminal action or proceeding to which one or both are parties, except:

1. With the consent of both, or

2. In cases of criminal violence upon one by the other; or acts of physical injury upon a child of either the husband or the wife where the injury has been caused as a result of physical abuse or neglect by one or both of the parents; or to acts or attempted acts of lewd conduct with a minor child; or

3. In cases of desertion or nonsupport of wife or child by the husband.

History:

[(19-3002) R.S. & R.C., sec. 8142; compiled and reen. C.L., sec. 8142; C.S., sec. 9130; I.C.A., sec. 19-2902; am. 1979, ch. 152, sec. 1, p. 468.]
Idaho Code § 19-2716A — Idaho Code / Title 19 / Chapter 27 / Section 19-2716A
19-2716A PRACTICE OF MEDICINE AND POSSESSION OF CONTROLLED SUBSTANCES — EXEMPTION — EXCEPTIONS TO GOVERNMENTAL LIABILITY — CONFIDENTIALITY — LICENSURE.
Status: in_force

19-2716A. practice of medicine and possession of controlled substances — exemption — exceptions to governmental liability — confidentiality — licensure. (1) Notwithstanding any other provision of law, infliction of the punishment of death in the manner required by section 19-2716, Idaho Code, shall not be construed as the practice of medicine. The director of the department of correction and all persons authorized by him to participate in an execution, as provided in section 19-2716, Idaho Code, shall be exempt from all laws, rules and regulations governing the practice of medicine.

(2) For the purposes of carrying out the provisions of section 19-2716, Idaho Code, any pharmacy, prescriber, manufacturer, wholesale distributor or other entity authorized by law to possess controlled substances may distribute controlled substances to the director or his designees and shall not be subject to criminal or civil liability for the death of the condemned person.

(3) For the purposes of carrying out the provisions of section 19-2716, Idaho Code, the director and his designees may obtain, possess, store and administer controlled substances and are exempt from all laws, rules and regulations governing pharmacies and controlled substances, notwithstanding any other provision of law. Any employee of the state of Idaho participating in an execution pursuant to section 19-2716, Idaho Code, shall be presumed to be acting within the course and scope of his employment and without malice or criminal intent for purposes of section 6-903, Idaho Code. Any employee, agent or contractor of the state of Idaho participating in an execution pursuant to section 19-2716, Idaho Code, shall not be subject to criminal or civil liability for the death of the condemned person.

(4) For purposes of carrying out the provisions of section 19-2716, Idaho Code, the identities of any of the following persons or entities involved in the planning, training, or performance of an execution shall be confidential, shall not be subject to disclosure, and shall not be admissible as evidence or discoverable in any proceeding before any court, tribunal, board, agency, or person:

(a) The on-site emergency medical personnel, any member of the escort team, medical team, or firing squad, and any person or entity that provides technical assistance during the execution process; and

(b) Any person or entity who compounds, synthesizes, tests, sells, supplies, manufactures, stores, transports, procures, dispenses, or prescribes the chemicals or substances for use in an execution or that provides the medical supplies or medical equipment for the execution process.

(5) If any person who participates or performs ancillary functions in an execution is licensed by a board, the licensing board shall not suspend or revoke the person's license, or take disciplinary action against the person, because of the person's participation in an execution.

History:

[19-2716A, added 2012, ch. 85, sec. 1, p. 242; am. 2022, ch. 182, sec. 1, p. 590; am. 2026, ch. 225, sec. 3, p. 1002.]
Idaho Code § 19-4504 — Idaho Code / Title 19 / Chapter 45 / Section 19-4504
19-4504 GOVERNOR MAY INVESTIGATE CASE.
Status: in_force

19-4504. Governor may investigate case. When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney-general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.

History:

[(19-4504) 1927, ch. 29, sec. 4, p. 31; I.C.A., sec. 19-4604.]
Idaho Code § 19-5119 — Idaho Code / Title 19 / Chapter 51 / Section 19-5119
19-5119 POWERS OF THE COUNCIL — STANDARDS OF TRAINING, EDUCATION AND EMPLOYMENT OF EMERGENCY COMMUNICATIONS OFFICERS — CERTIFICATION — PENALTIES.
Status: in_force

19-5119. powers of the council — standards of training, education and employment of emergency communications officers — certification — penalties. (1) The council shall have the duty and the power to:

(a) Establish the requirements of minimum basic training for all emergency communications officers, in order to be eligible for permanent employment as an emergency communications officer, that can be completed within eighteen (18) months of employment as an emergency communications officer;

(b) Establish such basic training and certification, to include alternative authorized council training, so that certification can be attained within eighteen (18) months of employment as an emergency communications officer;

(c) Establish the requirements of minimum training standards for employment as an emergency communications officer in probationary, temporary, part-time and emergency situations;

(d) Certify emergency communications officers as having completed all requirements established by the council to be eligible for permanent employment as an emergency communications officer; and

(e) Maintain permanent files and transcripts for all emergency communications officers certified by the council, to include only courses or advanced courses of instruction successfully completed by such emergency communications officers and specifically required to obtain and maintain emergency communications officer certification while employed in this state. Such information shall be made available by the council to any employer upon the receipt of a signed waiver from the emergency communications officer to release such files and transcripts.

(2) The council shall, upon recommendation of the Idaho public safety communications commission and pursuant to the requirements of this section, establish minimum basic training and certification standards for all emergency communications officers whose primary responsibility is to receive and dispatch calls for emergency services in the state of Idaho, and that can be completed within eighteen (18) months of employment.

(3) The council shall decertify any emergency communications officer convicted of any felony or offense that would be a felony if committed in this state. The council may decertify any emergency communications officer who:

(a) Is convicted of a misdemeanor;

(b) Willfully or otherwise falsifies or omits any information to obtain any certified status; or

(c) Violates any of the standards of conduct as established by the council's code of ethics, as adopted and amended by the council.

All decertification proceedings taken by the council shall be conducted in accordance with chapter 52, title 67, Idaho Code.

(4) Any emergency communications officers who begin employment after July 1, 2017, shall be trained and certified within eighteen (18) months of employment. Current emergency communications officers who began employment between July 1, 2012, and June 30, 2017, shall comply with the training and certification provisions of this section by January 1, 2019. Current emergency communications officers who began employment prior to July 1, 2012, may comply with the training and certification provisions of this section at the discretion of their employers.

History:

[19-5119, added 2017, ch. 181, sec. 3, p. 413.]
Idaho Code § 19-4216 — Idaho Code / Title 19 / Chapter 42 / Section 19-4216
19-4216 RELIEF AVAILABLE FOR DETAINERS.
Status: in_force

19-4216. Relief available for detainers. (1) An in-state prisoner may petition for writ of habeas corpus to challenge the legality of a detainer which has been lodged against him by another state under the interstate agreement on detainers, chapter 50, title 19, Idaho Code.

(2) The court may set a hearing on a petition for writ of habeas corpus to inquire into factual issues involving the legality of the detainer or the legality of delivery of the prisoner to the prosecuting state under the detainer. However, if the petition involves legal issues only, the court shall decide the matter without hearing consistent with section 19-4209, Idaho Code.

History:

[19-4216, added 1999, ch. 376, sec. 2, p. 1032; am. 2000, ch. 271, sec. 10, p. 784.]
Idaho Code § 19-2520C — Idaho Code / Title 19 / Chapter 25 / Section 19-2520C
19-2520C EXTENSION OF PRISON TERMS FOR REPEATED SEX OFFENSES, EXTORTION AND KIDNAPPING.
Status: in_force

19-2520C. Extension of prison terms for repeated sex offenses, extortion and kidnapping. (1) Any person who is found guilty of violation of the provisions of sections 18-2401 (extortion), 18-4501 (kidnapping), 18-6101 (rape), or 18-1508 (lewd and lascivious conduct), Idaho Code, or any attempt or conspiracy to commit such crime(s); and committed such crime(s) by force, violence, duress, menace or threat of great bodily injury and who has been previously found guilty of any such crime, shall be sentenced to an extended term sentence. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by fifteen (15) years; provided, however, that no extension shall be imposed under this section for any such crime occurring prior to a period of fifteen (15) years during which the person remained free of prison custody, parole and being found guilty of a crime which is a felony; provided further that no extension shall be imposed under this subsection when the provisions of section 19-2520B, Idaho Code, would be applicable.

(2) Any person found guilty of an offense specified in subsection (1) of this section who has served two (2) or more prior prison terms for any crime specified in subsection (1) hereof, shall be sentenced to an extended term sentence. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by twenty (20) years; provided, that no extended term of imprisonment shall be imposed under this subsection for any prison term served prior to a period of fifteen (15) years during which the person remained free of prison custody, parole and being found guilty of a crime which is a felony.

(3) The extended terms of imprisonment required by this section shall apply to any aider or abettor; a person who acts in concert with, or a person who conspires with, the perpetrator of the crime.

(4) Any extended term of imprisonment required by this section shall not be imposed unless the fact of the prior commission of a crime is separately charged in the accusatory pleading and admitted by the accused or found to be true by the trier of fact after a verdict or finding of guilty on the substantive crime.

History:

[19-2520C, added 1981, ch. 150, sec. 2, p. 261; am. 1983, ch. 183, sec. 4, p. 498; am. 1984, ch. 63, sec. 3, p. 113; am. 1986, ch. 319, sec. 4, p. 786; am. 2022, ch. 124, sec. 21, p. 455.]
Idaho Code § 19-3924 — Idaho Code / Title 19 / Chapter 39 / Section 19-3924
19-3924 MALICIOUS PROSECUTION — JUDGMENT AGAINST PROSECUTOR.
Status: in_force

19-3924. Malicious prosecution — Judgment against prosecutor. If the prosecutor does not pay the costs, or give security therefor, the court may enter judgment against him for the amount thereof, which may be enforced in all respects, in the same manner as a judgment rendered in a civil action.

History:

[(19-3924) Cr. Prac. 1864, sec. 615, p. 289; R.S., R.C., & C.L., sec. 8302; C.S., sec. 9250; I.C.A., sec. 19-4024.]
Idaho Code § 19-2206 — Idaho Code / Title 19 / Chapter 22 / Section 19-2206
19-2206 WHEN JURY MAY BE DISCHARGED.
Status: in_force

19-2206. When jury may be discharged. Except as provided in the last section, the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict and rendered it in open court, unless by consent of both parties entered upon the minutes, or unless, at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.

History:

[(19-2206) Cr. Prac. 1864, sec. 396, p. 260; R.S., R.C., & C.L., sec. 7905; C.S., sec. 8981; I.C.A., sec. 19-2106.]
Idaho Code § 19-4404 — Idaho Code / Title 19 / Chapter 44 / Section 19-4404
19-4404 ORAL AFFIDAVIT — TELEPHONIC AFFIDAVIT — PROCEDURES.
Status: in_force

19-4404. Oral affidavit — Telephonic affidavit — Procedures. In lieu of a written affidavit, the magistrate may take an oral statement under oath which shall be recorded and transcribed. The judge is authorized to administer an oath or affirmation by telephone, and to take testimony by telephone. All testimony given over the telephone that is intended to support an application for a search warrant must be given on oath or affirmation and must identify the person testifying. The affidavit or oral testimony as recorded must be filed with the clerk of the court.

History:

[19-4404, added 1994, ch. 415, sec. 1, p. 1304.]
Idaho Code § 19-309 — Idaho Code / Title 19 / Chapter 3 / Section 19-309
19-309 STOLEN PROPERTY CARRIED FROM COUNTY TO COUNTY.
Status: in_force

19-309. Stolen property carried from county to county. When property taken in one county by burglary, robbery, or theft has been brought into another, the venue of the offense is in either county. But, if at any time before the conviction of the defendant in the latter, he is indicted in the former county, the sheriff of the latter county must, upon demand, deliver him to the sheriff of the former.

History:

[19-309, added 1972, ch. 336, sec. 4, p. 985; am. 1986, ch. 289, sec. 9, p. 730.]
Idaho Code § 19-4524 — Idaho Code / Title 19 / Chapter 45 / Section 19-4524
19-4524 IMMUNITY FROM SERVICE OF PROCESS IN CERTAIN CIVIL ACTIONS.
Status: in_force

19-4524. Immunity from service of process in certain civil actions. A person brought into this state by or after waiver of extradition based on a criminal charge, shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings for which he is being or has been returned, until he has been convicted in the criminal proceeding, or if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.

History:

[(19-4524) 1927, ch. 29, sec. 24, p. 31; I.C.A., sec. 19-4624; am. 2008, ch. 136, sec. 25, p. 393.]
Idaho Code § 19-805 — Idaho Code / Title 19 / Chapter 8 / Section 19-805
19-805 COMMITMENT OR BAIL ON POSTPONEMENT.
Status: in_force

19-805. Commitment or bail on postponement. If a postponement is had the magistrate must commit the defendant for examination, admit him to bail or discharge him from custody upon the deposit of money as provided in this code, as security for his appearance at the time to which the examination is postponed.

History:

[(19-805) Cr. Prac. 1864, sec. 147, p. 230; R.S., R.C., & C.L., sec. 7569; C.S., sec. 8747; I.C.A., sec. 19-705.]
Idaho Code § 19-809A — Idaho Code / Title 19 / Chapter 8 / Section 19-809A
19-809A CHILD'S OUT OF COURT STATEMENTS ADMISSIBLE IN PRELIMINARY EXAMINATIONS.
Status: in_force

19-809A. Child's out of court statements admissible in preliminary examinations. Notwithstanding the provisions of sections 19-808 and 19-809, Idaho Code, and any rules promulgated by the Idaho supreme court, in any preliminary examination, the magistrate shall receive into evidence any out-of-court statement of a child under the age of ten (10) years provided the magistrate finds the source of the evidence credible.

History:

[19-809A, added 1986, ch. 195, sec. 1, p. 493.]
Idaho Code § 19-2701 — Idaho Code / Title 19 / Chapter 27 / Section 19-2701
19-2701 AUTHORITY FOR EXECUTION OF JUDGMENT.
Status: in_force

19-2701. Authority for execution of judgment. When a judgment, other than of death, has been pronounced, a certified copy of the entry thereof upon the minutes must be forthwith furnished to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its execution.

History:

[(19-2701) Cr. Prac. 1864, sec. 450, p. 268; R.S., R.C., & C.L., sec. 8005; C.S., sec. 9048; I.C.A., sec. 19-2601.]
Idaho Code § 19-613 — Idaho Code / Title 19 / Chapter 6 / Section 19-613
19-613 WEAPONS MAY BE TAKEN.
Status: in_force

19-613. Weapons may be taken. Any person making an arrest may take from the person arrested all offensive weapons which he may have about his person, and must deliver them to the magistrate before whom he is taken.

History:

[(19-613) R.S., R.C., & C.L., sec. 7550; C.S., sec. 8736; I.C.A., sec. 19-613.]
Idaho Code § 19-2303 — Idaho Code / Title 19 / Chapter 23 / Section 19-2303
19-2303 MANNER OF TAKING VERDICT.
Status: in_force

19-2303. Manner of taking verdict. When the jury appear they must be asked by the court or clerk whether they have agreed upon their verdict, and if the foreman answers in the affirmative they must, on being required, declare the same.

History:

[(19-2303) Cr. Prac. 1864, sec. 403, p. 261; R.S., R.C., & C.L., sec. 7917; C.S., sec. 8988; I.C.A., sec. 19-2203.]
Idaho Code § 19-517 — Idaho Code / Title 19 / Chapter 5 / Section 19-517
19-517 OFFENSES TRIABLE IN ANOTHER COUNTY — PROCEEDINGS.
Status: in_force

19-517. Offenses triable in another county — Proceedings. When a complaint is laid before a magistrate of the commission of a public offense, triable in another county of the state, but showing that defendant is in the county where the complaint is laid, the same proceedings must be had as prescribed in this chapter, except that the warrant must require the defendant to be taken before the magistrate most accessible to the witnesses for the prosecution, but in the county in which the offense is triable, and the complaint must be delivered by the magistrate to the officer to whom the warrant is delivered.

History:

[(19-517) Cr. Prac. 1864, sec. 117, p. 228; R.S., R.C., & C.L., sec. 7530; C.S., sec. 8721; I.C.A., sec. 19-517; am. 1969, ch. 79, sec. 5, p. 230.]
Idaho Code § 19-2108 — Idaho Code / Title 19 / Chapter 21 / Section 19-2108
19-2108 DISCHARGE OF DEFENDANT TO TESTIFY FOR CODEFENDANTS.
Status: in_force

19-2108. Discharge of defendant to testify for codefendants. When two (2) or more persons are included in the same indictment, and the court is of opinion that in regard to a particular defendant there is not sufficient evidence to put him on his defense, it must order him to be discharged from the indictment before the evidence is closed, that he may be a witness for his codefendants.

History:

[19-2108, added 1972, ch. 336, sec. 8, p. 988.]
Idaho Code § 19-4208 — Idaho Code / Title 19 / Chapter 42 / Section 19-4208
19-4208 GENERAL PROCEDURES GOVERNING HABEAS CORPUS PROCEEDINGS.
Status: in_force

19-4208. General procedures governing habeas corpus proceedings. A habeas corpus proceeding is a civil action and is governed by the provisions of this chapter and the Idaho court rules to the extent that such rules are not inconsistent with this act.

History:

[19-4208, added 1999, ch. 376, sec. 2, p. 1029.]
Idaho Code § 19-1412 — Idaho Code / Title 19 / Chapter 14 / Section 19-1412
19-1412 INDICTMENT BY FICTITIOUS NAME.
Status: in_force

19-1412. Indictment by fictitious name. When a defendant is indicted by a fictitious or erroneous name, and in any stage of the proceedings his true name is discovered, it must be inserted in the subsequent proceedings, referring to the fact of his being indicted by the name mentioned in the indictment.

History:

[(19-1412) Cr. Prac. 1864, sec. 236, p. 242; R.S., R.C., & C.L., sec. 7680; C.S., sec. 8828; I.C.A., sec. 19-1312.]
Idaho Code § 19-4301D — Idaho Code / Title 19 / Chapter 43 / Section 19-4301D
19-4301D CORONER TO MAKE REPORTS.
Status: in_force

19-4301D. Coroner to make reports. When the cause and manner of death is established under the provisions of this chapter the coroner shall make and file a written report of the material facts concerning the cause and manner of death in the office of the clerk of the district court. The coroner shall promptly deliver to the prosecuting attorney of each county having criminal jurisdiction over the case copies of all records relating to every death as to which further investigation may be advisable. Any prosecuting attorney or other law enforcement official may upon request secure copies of the original of such records or other documents or pertinent objects or information deemed necessary by him to the performance of his official duties.

History:

[I.C., sec. 19-4301D, as added by 1961, ch. 262, sec. 6, p. 459.]
Idaho Code § 19-5502 — Idaho Code / Title 19 / Chapter 55 / Section 19-5502
19-5502 DEFINITIONS.
Status: in_force

19-5502. Definitions. (1) "CODIS" means the federal bureau of investigation's combined DNA index system that allows the storage and exchange of DNA records submitted by state and local forensic laboratories.

(2) "Director" means the director of the Idaho state police.

(3) "DNA" means deoxyribonucleic acid.

(4) "DNA analysis" means the scientific test of a DNA sample for the purpose of obtaining a DNA profile.

(5) "DNA profile" means the list of one (1) or more genetic types determined for an individual based on variations in DNA sequence.

(6) "DNA record" means DNA information stored in the statewide DNA database system of the bureau of forensic services or CODIS and includes information commonly referred to as a DNA profile.

(7) "DNA sample" means a body fluid or tissue sample provided by any person convicted of a felony crime or any body fluid or tissue sample submitted to the statewide DNA database system for analysis pursuant to a criminal investigation or missing person investigation.

(8) "Forensic laboratory" means the bureau of forensic services of the Idaho state police.

(9) "Law enforcement purpose" means to assist federal, state, or local criminal justice and law enforcement agencies within and outside the state of Idaho in identification or prosecution of felony crimes or other crimes and the identification and location of missing and unidentified persons.

(10) "Serious crime" means, for purposes of this chapter, any felony crime; the attempt to commit any felony crime; any crime that requires sex offender registration pursuant to sections 18-8304 and 18-8410, Idaho Code; misdemeanor domestic violence (18-918, Idaho Code); or sexual battery (18-924, Idaho Code).

(11) "Statewide DNA databank" or "databank" means the state repository of DNA samples collected under this chapter and administered by the Idaho bureau of forensic services.

(12) "Statewide DNA database system" or "database" means the DNA record system administered by the Idaho bureau of forensic services.

History:

[19-5502, added 1997, ch. 120, sec. 1, p. 342; am. 2000, ch. 469, sec. 45, p. 1498; am. 2004, ch. 157, sec. 1, p. 505; am. 2011, ch. 211, sec. 2, p. 593; am. 2026, ch. 40, sec. 3, p. 169.]
Idaho Code § 19-4109 — Idaho Code / Title 19 / Chapter 41 / Section 19-4109
19-4109 PROCEEDINGS ON PLEA.
Status: in_force

19-4109. Proceedings on plea. If the defendant pleads guilty, or refuses to answer the accusation, the court must render judgment of conviction against him. If he denies the matters charged, the court must immediately, or at such time as it may appoint, proceed to try the accusation.

History:

[(19-4109) Cr. Prac. 1864, sec. 75, p. 222; R.S., R.C., & C.L., sec. 7453; C.S., sec. 8678; I.C.A., sec. 19-4209.]
Idaho Code § 19-2919 — Idaho Code / Title 19 / Chapter 29 / Section 19-2919
19-2919 REVOCATION OF BAIL — VIOLATION OF CONDITIONS OF RELEASE.
Status: in_force

19-2919. revocation of bail — violation of conditions of release. (1) Upon its own motion or upon a verified petition alleging that the defendant willfully violated a condition of release, the court may issue a bench warrant directing that the defendant be arrested and brought before the court for a bail revocation hearing, or the court may order the defendant to appear before the court at a time certain. At the bail revocation hearing, if the court finds that the defendant willfully violated a condition of release and the defendant is present before the court, the court may revoke the bail and remand the defendant to the custody of the sheriff. At any time thereafter, the court may reset bail in the same or a new amount and impose conditions of release. If the defendant fails to appear at the bail revocation hearing, the court shall issue a bench warrant for the defendant's arrest.

(2) In its order revoking bail, the court shall recite generally the facts upon which revocation of bail is founded and order that the defendant be recommitted to the custody of the sheriff of the county where the action is pending to be detained until legally released. The court may reset bail in the same or a new amount and impose any appropriate conditions of release.

(3) The court may deny readmittance to bail if the court finds that the defendant has intimidated or harassed a victim, potential witness, juror or judicial officer or has committed one (1) or more violations of the conditions of release and such violation or violations constituted a threat to the integrity of the judicial system.

History:

[19-2919, added 2009, ch. 90, sec. 2, p. 264.]
Idaho Code § 19-307 — Idaho Code / Title 19 / Chapter 3 / Section 19-307
19-307 KIDNAPPING AND SIMILAR OFFENSES.
Status: in_force

19-307. KIDNAPPING and similar offenses. In any case where a person:

1. Seizes, confines, inveigles or kidnaps another, with intent to cause him, without authority of law, to be secretly confined or imprisoned within this state, or to be sent out of this state, or in any way held to service or kept or detained against his will; or

2. Leads, takes, entices away or detains a child under the age of sixteen (16) years, with intent to keep or conceal it from its custodial parent, guardian or other person having lawful care or control thereof, or with intent to steal any article upon the person of the child; or

3. Abducts, entices or by force or fraud unlawfully takes or carries away another at or from a place without the state, or procures, advises, aids or abets such an abduction, enticing, taking or carrying away, and afterwards sends, brings, has or keeps such person, or causes him to be kept or secreted within this state; or

4. Seizes, confines, inveigles, leads, takes, entices away or kidnaps another against his will to extort money, property or any other things of value or obtain money, property or reward or any other thing of value for the return or disposition of such person; or

5. Inveigles or entices any unmarried person of previous chaste character, under the age of eighteen (18) years, into any house of ill-fame, or of assignation, or elsewhere, for the purpose of prostitution, or to have illicit carnal connection with any other person; and every person who aids or assists in such inveiglement or enticement; or

6. Takes away any person under the age of eighteen (18) years from his or her father, mother, guardian, or other person having the legal charge of that person, without their consent, for the purpose of prostitution;

Venue is in the county in which the offense is committed, or out of which the person upon whom the offense was committed may, in the commission of the offense, have been brought, or in which an act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense, or in abetting the parties concerned therein.

History:

[19-307, added 1972, ch. 336, sec. 4, p. 984; am. 1986, ch. 289, sec. 7, p. 729; am. 2026, ch. 251, sec. 5, p. 1055.]
Idaho Code § 19-6013 — Idaho Code / Title 19 / Chapter 60 / Section 19-6013
19-6013 WAIVER OF COUNSEL — CONSIDERATION BY COURT.
Status: in_force

19-6013. Waiver of counsel — Consideration by court. A person who has been appropriately informed of his right to counsel may waive any right provided by this chapter if the court concerned, at the time of or after waiver, finds of record that he has acted with full awareness of his rights and of the consequences of a waiver and if the waiver is otherwise according to law. The court shall consider such factors as the person's age, education and familiarity with the English language and the complexity of the crime involved.

History:

[(19-6013) 19-857, added 1967, ch. 181, sec. 7, p. 599; am. 2013, ch. 220, sec. 7, p. 518; am. and redesig. 2023, ch. 220, sec. 9, p. 672.]