Idaho Code § 19-6010 — Idaho Code / Title 19 / Chapter 60 / Section 19-6010
19-6010 DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL.
Status: in_force

19-6010. Duty to notify accused or detained of right to counsel. [effective until January 1, 2027] (1) If a person who is being detained by a law enforcement officer, or who is confined or who is the subject of hospitalization proceedings pursuant to section 66-322, 66-326, 66-329, 66-404 or 66-406, Idaho Code, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime, is not represented by an attorney under conditions in which a person having his own counsel would be entitled to be so represented, the law enforcement officers concerned, upon commencement of detention, or the court, upon formal charge or hearing, as the case may be, shall:

(a) Clearly inform him of his right to counsel and of the right of an indigent person to be represented by an attorney at public expense; and

(b) If the person detained or charged does not have an attorney, notify the indigent defense provider or trial court concerned, as the case may be, that he is not so represented. As used in this subsection, the term "commencement of detention" includes the taking into custody of a probationer.

(2) Upon commencement of any later judicial proceeding relating to the same matter including, but not limited to, preliminary hearing, arraignment, trial, any post-conviction proceeding or post-commitment proceeding, the presiding officer shall clearly inform the person so detained or charged of his right to counsel and of the right of an indigent person to be represented by an attorney at public expense. Provided, the appointment of an attorney at public expense in uniform post-conviction procedure act proceedings shall be in accordance with section 19-4904, Idaho Code.

(3) If a court determines that the person is entitled to be represented by an attorney at public expense, it shall promptly notify the state public defender.

(4) Upon notification by the court, the state public defender shall represent the person with respect to whom the notification is made.

19-6010. Duty to notify accused or detained of right to counsel. [effective January 1, 2027] (1) If a person who is being detained by a law enforcement officer, or who is confined or who is the subject of hospitalization proceedings pursuant to section 66-322, 66-326, 66-329, or 66-406, Idaho Code, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime, is not represented by an attorney under conditions in which a person having his own counsel would be entitled to be so represented, the law enforcement officers concerned, upon commencement of detention, or the court, upon formal charge or hearing, as the case may be, shall:

(a) Clearly inform him of his right to counsel and of the right of an indigent person to be represented by an attorney at public expense; and

(b) If the person detained or charged does not have an attorney, notify the indigent defense provider or trial court concerned, as the case may be, that he is not so represented. As used in this subsection, the term "commencement of detention" includes the taking into custody of a probationer.

(2) Upon commencement of any later judicial proceeding relating to the same matter including, but not limited to, preliminary hearing, arraignment, trial, any post-conviction proceeding or post-commitment proceeding, the presiding officer shall clearly inform the person so detained or charged of his right to counsel and of the right of an indigent person to be represented by an attorney at public expense. Provided, the appointment of an attorney at public expense in uniform post-conviction procedure act proceedings shall be in accordance with section 19-4904, Idaho Code.

(3) If a court determines that the person is entitled to be represented by an attorney at public expense, it shall promptly notify the state public defender.

(4) Upon notification by the court, the state public defender shall represent the person with respect to whom the notification is made.

History:

[(19-6010) 19-853, added 1967, ch. 181, sec. 3, p. 599; 1968 (2nd E.S.), ch. 10, sec. 3, p. 20; am. 1981, ch. 114, sec. 4, p. 172; am. 1982, ch. 59, sec. 4, p. 93; am. 1984, ch. 229, sec. 1, p. 548; am. 2001, ch. 160, sec. 1, p. 568; am. 2013, ch. 220, sec. 3, p. 516; am. 2014, ch. 247, sec. 4, p. 619; am. 2015, ch. 244, sec. 2, p. 1009; am. 2016, ch. 47, sec. 1, p. 98; am. 2016, ch. 195, sec. 3, p. 547; am. and redesig. 2023, ch. 220, sec. 6, p. 670; am. 2026, ch. 79, sec. 23, p. 415.]
Idaho Code § 19-1904 — Idaho Code / Title 19 / Chapter 19 / Section 19-1904
19-1904 ADDITIONAL JURORS.
Status: in_force

19-1904. Additional jurors. A court may direct that one (1) or more jurors in addition to the regular panel be called and impaneled to sit as alternate jurors. All jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges prior to deliberations. At the conclusion of closing arguments, jurors exceeding the number required of a regular panel shall be removed by lot. Those removed by lot may be discharged after the jury retires to consider its verdict. If more than one (1) additional juror is called, each party is entitled to two (2) peremptory challenges in addition to those otherwise allowed by law; provided however, that if only one (1) additional juror is called, each party shall be entitled to one (1) peremptory challenge in addition to those otherwise provided by law.

History:

[19-1904, added 2002, ch. 94, sec. 10, p. 262.]
Idaho Code § 19-1503 — Idaho Code / Title 19 / Chapter 15 / Section 19-1503
19-1503 ORDER FOR PRODUCTION OF DEFENDANT.
Status: in_force

19-1503. Order for production of defendant. When his personal appearance is necessary, if he is in custody, the court may direct and the officer in whose custody he is must bring him before it to be arraigned.

History:

[(19-1503) Cr. Prac. 1864, sec. 256, p. 244; R.S., R.C., & C.L., sec. 7712; C.S., sec. 8849; I.C.A., sec. 19-1403.]
Idaho Code § 19-1309 — Idaho Code / Title 19 / Chapter 13 / Section 19-1309
19-1309 DISCOVERY AND INSPECTION.
Status: in_force

19-1309. Discovery and inspection. (1) Upon motion of a defendant the court may order the prosecuting attorney to permit the defendant to inspect and copy or photograph any relevant:

(a) written or recorded statements or confessions made by the defendant, or copies thereof, within the possession, custody or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney,

(b) results or reports of physical or mental examinations, and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession, custody or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney, and

(c) recorded testimony of the defendant before a grand jury.

(2) Upon motion of a defendant the court may order the prosecuting attorney to permit the defendant to inspect and copy or photograph books, papers, documents, tangible objects, buildings or places, or copies or portions thereof, which are within the possession, custody or control of the state, upon a showing of materiality to the preparation of his defense and that the request is reasonable. Except as provided in subsection (1)(b), this section does not authorize the discovery or inspection of reports, memoranda, or other internal state documents made by state agents in connection with the investigation or prosecution of the case, or of statements made by state witnesses or prospective state witnesses (other than the defendant) to agents of the state.

(3) If the court grants relief sought by the defendant under subsection (1)(b) or subsection (2) of this section, it may, upon motion of the state, condition its order by requiring that the defendant permit the state to inspect and copy or photograph scientific or medical reports, books, papers, documents, tangible objects, or copies or portions thereof, which the defendant intends to produce at the trial and which are within his possession, custody or control, upon a showing of materiality to the preparation of the state's case and that the request is reasonable. Except as to scientific or medical reports, this subsection does not authorize the discovery or inspection of reports, memoranda, or other internal defense documents made by the defendant, or his attorneys or agents in connection with the investigation or defense of the case, or of statements made by the defendant, or by state or defense witnesses, or by prospective state or defense witnesses, to the defendant, his agents or attorneys.

(4) An order of the court granting relief under this section shall specify the time, place and manner of making the discovery and inspection permitted and may prescribe such terms and conditions as are just.

(5) Upon a sufficient showing the court may at any time order that the discovery or inspection be denied, restricted or deferred, or make such other order as is appropriate. Upon motion by the state, the court may permit the state to make such showing, in whole or in part, in the form of a written statement to be inspected by the court in camera. If the court enters an order granting relief following a showing in camera, the entire text of the state's statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal by the defendant.

(6) A motion under this section may be made only within ten (10) days after arraignment or at such reasonable later time as the court may permit. The motion shall include all relief sought under this section. A subsequent motion may be made only upon a showing of cause why such motion would be in the interest of justice.

(7) If, subsequent to compliance with an order issued pursuant to this section, and prior to or during trial, a party discovers additional material previously requested or ordered which is subject to discovery or inspection under the section, he shall promptly notify the other party or his attorney or the court of the existence of the additional material. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this section or with an order issued pursuant to this section, the court may order such party to permit the discovery or inspection of materials not previously disclosed, grant a continuance, or prohibit the party from introducing in evidence the material not disclosed, or it may enter such other order as it deems just under the circumstances.

History:

[I.C., sec. 19-1309, as added by 1969, ch. 243, sec. 1, p. 761.]
Idaho Code § 19-5112 — Idaho Code / Title 19 / Chapter 51 / Section 19-5112
19-5112 AGREEMENT BY OFFICER TO SERVE — VIOLATIONS.
Status: in_force

19-5112. Agreement by officer to serve — Violations. (1) Any peace officer attending such schools or programs shall execute an agreement whereby said officer promises to remain within the law enforcement profession in the state of Idaho in a position approved by rules and regulations of the council for two (2) years following graduation, subject only to such disqualifications as established by the council and included within the agreement.

(2) Violation of the provisions of this section or the terms of any contract or agreement entered into pursuant to such section shall give rise to a civil action which may be commenced by the council for and on behalf of the state of Idaho for restitution of any and all sums paid by the council plus costs and reasonable attorney's fees.

History:

[19-5112, added 1981, ch. 307, sec. 2, p. 631; am. 2006, ch. 47, sec. 2, p. 138.]
Idaho Code § 19-4113 — Idaho Code / Title 19 / Chapter 41 / Section 19-4113
19-4113 APPEAL — HOW TAKEN AND EFFECT.
Status: in_force

19-4113. Appeal — How taken and effect. From a judgment of removal an appeal may be taken to the supreme court, in the same manner as from a judgment in a civil action; but until such judgment is reversed the defendant is suspended from his office. Pending the appeal, the office must be filled as in case of a vacancy.

History:

[(19-4113) Cr. Prac. 1864, sec. 79, p. 222; R.S., R.C., & C.L., sec. 7457; C.S., sec. 8682; I.C.A., sec. 19-4213.]
Idaho Code § 19-1509 — Idaho Code / Title 19 / Chapter 15 / Section 19-1509
19-1509 PROCEEDINGS ON GIVING BAIL.
Status: in_force

19-1509. Proceedings on giving bail. If the defendant is brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto in the same manner as if the defendant had been brought before him upon a warrant of arrest, and the same proceedings must be had thereon.

History:

[(19-1509) Cr. Prac. 1864, sec. 264, p. 245; R.S., R.C., & C.L., sec. 7718; C.S., sec. 8855; I.C.A., sec. 19-1409.]
Idaho Code § 19-2008 — Idaho Code / Title 19 / Chapter 20 / Section 19-2008
19-2008 OVERRULING OR ALLOWANCE OF EXCEPTION.
Status: in_force

19-2008. Overruling or allowance of exception. If, on the exception, the court finds the challenge sufficient, it may, if justice require it, permit the party excepting to withdraw his exception, and to deny the facts alleged in the challenge. If the exception is allowed the court may, in like manner, permit an amendment of the challenge.

History:

[(19-2008) Cr. Prac. 1864, sec. 326, p. 250; R.S., R.C., & C.L., sec. 7822; C.S., sec. 8918; I.C.A., sec. 19-1908.]
Idaho Code § 19-2715 — Idaho Code / Title 19 / Chapter 27 / Section 19-2715
19-2715 MINISTERIAL ACTIONS RELATING TO STAYS OF EXECUTION, RESETTING EXECUTION DATES, AND ORDER FOR EXECUTION OF JUDGMENT OF DEATH.
Status: in_force

19-2715. Ministerial actions relating to stays of execution, resetting execution dates, and order for execution of judgment of death. (1) Hereafter, no further stays of execution shall be granted to persons sentenced to death except that a stay of execution shall be granted during an appeal taken pursuant to section 19-2719, Idaho Code, during the automatic review of judgments imposing the punishment of death provided by section 19-2827, Idaho Code, by order of a federal court or as part of a commutation proceeding pursuant to section 20-1016, Idaho Code.

(2) Upon remittitur or mandate after a sentence of death has been affirmed, the state shall apply for a warrant from the district court in which the conviction was had, authorizing execution of the judgment of death. Upon such application, the district court shall set a new execution date not more than thirty (30) days thereafter.

(3) If a stay of execution is granted pursuant to subsection (1) of this section and, as a result, no execution takes place on the date set by the district court, upon termination of the stay, the state shall apply for another warrant and, upon such application, the district court shall set a new execution date not more than thirty (30) days thereafter.

(4) If for any reason other than those set forth in subsection (1) of this section a judgment of death has not been executed, and it remains in force, the state shall apply for another warrant. Upon such application, the district court may inquire into the facts and, if no legal reason exists against the execution of the judgment, must make an order that the warden execute the judgment at a special specified time. The warden must execute the judgment accordingly.

(5) Action of the district court under this section is ministerial only. No hearing shall be required for setting a new execution date, and the court shall inquire only into the fact of an existing death sentence and the absence of a valid stay of execution.

(6) For purposes of this section, the phrase "stay of execution" shall refer to a temporary postponement of an execution as a result of a court order or an order of the governor postponing the execution while a petition for commutation is pending.

History:

[(19-2715) Cr. Prac. 1864, secs. 465, 466, p. 269; R.S., sec. 8019; am. 1899, p. 340, sec. 4; reen. R.C. & C.L., sec. 8019; C.S., sec. 9062; I.C.A., sec. 19-2615; am. 1984, ch. 159, sec. 6, p. 388; am. 2012, ch. 84, sec. 1, p. 241; am. 2021, ch. 196, sec. 23, p. 540; am. 2024, ch. 164, sec. 2, p. 623.]
Idaho Code § 19-4708 — Idaho Code / Title 19 / Chapter 47 / Section 19-4708
19-4708 COLLECTION OF DEBTS OWED TO COURTS — CONTRACTS FOR COLLECTION.
Status: in_force

19-4708. Collection of debts owed to courts — Contracts for collection. (1) The supreme court, or the clerks of the district court with the approval of the administrative district judge, may enter into contracts in accordance with this section for collection services for debts owed to courts. The cost of collection shall be paid by the defendant or juvenile offender as an administrative surcharge when the defendant or juvenile offender fails to pay any amount ordered by the court and the court utilizes the services of a contracting agent pursuant to this section.

(2) As used in this section:

(a) "Contracting agent" means a person, firm or other entity who contracts to provide collection services.

(b) "Cost of collection" means the fee specified in contracts to be paid to or retained by a contracting agent for collection services.

(c) "Debts owed to courts" means any assessment of fines, court costs, surcharges, penalties, fees, restitution, moneys expended in providing counsel and other defense services to indigent defendants or juvenile offenders or other charges which a court judgment or disposition has ordered to be paid to the court in civil, criminal, or juvenile cases, and which remain unpaid in whole or in part, and includes any interest or penalties on such unpaid amounts as provided for in the judgment or by law.

(3) The supreme court may adopt rules as deemed appropriate for the administration of this section, including procedures to be used in the negotiation and execution of contracts pursuant to this section, procedures to be followed by courts which utilize collection services under such contracts, and procedures for the compromise of debts owed to courts in criminal or juvenile cases.

(4) Each contract entered into pursuant to this section shall specify the scope of work to be performed and provide for a fee to be paid to or retained by the contracting agent for collection services. Such fee shall be designated as the cost of collection and shall not exceed thirty-three percent (33%) of the amount collected. The cost of collection shall be deducted from the amount collected but shall not be deducted from the debts owed to courts.

(5) Contracts entered into shall provide for the payment of any amounts collected to the clerk of the district court for the court in which the debt being collected originated after first deducting the collection fee. In accounting for amounts collected from any person pursuant to this section, the district court clerk shall credit the person's amount owed in the amount of the net proceeds collected and shall not reduce the amount owed by any person by that portion of any payment which constitutes the cost of collection pursuant to this section.

(6) With the appropriate cost of collection paid to the contracting agent as agreed upon in the contract, the clerk shall then distribute the amounts collected in accordance with the law.

History:

[19-4708, added 2000, ch. 330, sec. 1, p. 1109; am. 2009, ch. 102, sec. 1, p. 312; am. 2011, ch. 14, sec. 1, p. 42; am. 2019, ch. 219, sec. 1, p. 662.]
Idaho Code § 19-901 — Idaho Code / Title 19 / Chapter 9 / Section 19-901
19-901 INDICTMENT OR INFORMATION.
Status: in_force

19-901. Indictment or information. All public offenses triable in the district court must be prosecuted by indictment, or information, except as provided in the next section.

History:

[(19-901) Cr. Prac. 1864, sec. 173, p. 234; R.S., sec. 7600; am. R.C. & C.L., sec. 7600; C.S., sec. 8768; I.C.A., sec. 19-801.]
Idaho Code § 19-3105 — Idaho Code / Title 19 / Chapter 31 / Section 19-3105
19-3105 ORDER FOR EXAMINATION.
Status: in_force

19-3105. Order for examination. If the court or judge is satisfied that the examination of the witness is necessary, an order must be made that the witness be examined conditionally, at a specified time and place, and that a copy of the order be served on the prosecuting attorney, within a specified time before that fixed for the examination.

History:

[(19-3105) Cr. Prac. 1864, sec. 555, p. 281; R.S., R.C., & C.L., sec. 8164; C.S., sec. 9144; I.C.A., sec. 19-3005.]
Idaho Code § 19-223 — Idaho Code / Title 19 / Chapter 2 / Section 19-223
19-223 GOVERNOR MAY CALL OUT MILITIA.
Status: in_force

19-223. Governor may call out militia. If it appears to the governor that the civil power of any county is not sufficient to enable the sheriff to execute process delivered to him, he must, upon the application of the sheriff of the county, order such portion as shall be sufficient, or the whole, if necessary, of the militia of the state, to proceed to the assistance of the sheriff.

History:

[(19-223) Cr. Prac. 1864, sec. 37, p. 217; R.S., R.C., & C.L., sec. 7402; C.S., sec. 8647; I.C.A., sec. 19-223.]
Idaho Code § 19-4901 — Idaho Code / Title 19 / Chapter 49 / Section 19-4901
19-4901 REMEDY — TO WHOM AVAILABLE — CONDITIONS.
Status: in_force

19-4901. Remedy — To whom available — Conditions. (a) Any person who has been convicted of, or sentenced for, a crime and who claims:

(1) That the conviction or the sentence was in violation of the constitution of the United States or the constitution or laws of this state;

(2) That the court was without jurisdiction to impose sentence;

(3) That the sentence exceeds the maximum authorized by law;

(4) That there exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice;

(5) That his sentence has expired, his probation, or conditional release was unlawfully revoked by the court in which he was convicted, or that he is otherwise unlawfully held in custody or other restraint;

(6) Subject to the provisions of section 19-4902(b) through (g), Idaho Code, that the petitioner is innocent of the offense; or

(7) That the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding, or remedy: may institute, without paying a filing fee, a proceeding under this act to secure relief.

(b) This remedy is not a substitute for nor does it affect any remedy incident to the proceedings in the trial court, or of an appeal from the sentence or conviction. Any issue which could have been raised on direct appeal, but was not, is forfeited and may not be considered in post-conviction proceedings, unless it appears to the court, on the basis of a substantial factual showing by affidavit, deposition or otherwise, that the asserted basis for relief raises a substantial doubt about the reliability of the finding of guilt and could not, in the exercise of due diligence, have been presented earlier. Except as otherwise provided in this act, it comprehends and takes the place of all other common law, statutory, or other remedies heretofore available for challenging the validity of the conviction or sentence. It shall be used exclusively in place of them.

History:

[19-4901, added 1967, ch. 25, sec. 1, p. 42; am. 1975, ch. 8, sec. 1, p. 13; am. 1986, ch. 126, sec. 1, p. 326; am. 2001, ch. 317, sec. 2, p. 1129; am. 2010, ch. 135, sec. 2, p. 288.]
Idaho Code § 19-1717 — Idaho Code / Title 19 / Chapter 17 / Section 19-1717
19-1717 WHAT IS NOT A FORMER ACQUITTAL.
Status: in_force

19-1717. What is not a former acquittal. If the defendant was formerly acquitted on the ground of variance between the indictment and the proof, or the indictment was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense.

History:

[I.C., sec. 19-1717 as added by 1972, ch. 336, sec. 7, p. 987.]
Idaho Code § 19-2719 — Idaho Code / Title 19 / Chapter 27 / Section 19-2719
19-2719 SPECIAL APPELLATE AND POST-CONVICTION PROCEDURE FOR CAPITAL CASES — AUTOMATIC STAY.
Status: in_force

19-2719. Special appellate and post-conviction procedure for capital cases — Automatic stay. The following special procedures shall be interpreted to accomplish the purpose of eliminating unnecessary delay in carrying out a valid death sentence.

(1) When the punishment of death is imposed the time for filing an appeal shall begin to run when the death warrant is filed.

(2) The death warrant shall not be filed until forty-two (42) days after the judgment imposing the death sentence has been filed, or, in the event a post-conviction challenge to the conviction or sentence is filed, until the order deciding such post-conviction challenge is filed.

(3) Within forty-two (42) days of the filing of the judgment imposing the punishment of death, and before the death warrant is filed, the defendant must file any legal or factual challenge to the sentence or conviction that is known or reasonably should be known. The defendant must file any claims of ineffective assistance of appellate counsel within forty-two (42) days of the Idaho supreme court issuing the final remittitur in the unified appeal from which no further proceedings except issuance of a death warrant are ordered.

(4) Any remedy available by post-conviction procedure, habeas corpus or any other provision of state law must be pursued according to the procedures set forth in this section and within the time limitations of subsection (3) of this section. The special procedures for fingerprint or forensic DNA testing set forth in sections 19-4901(a)(6) and 19-4902(b) through (g), Idaho Code, are fully applicable in capital cases and are subject to the procedures set forth in this section, and must be pursued through a petition filed within the time limitations of subsection (3) of this section or by July 1, 2002, whichever is later.

(5) If the defendant fails to apply for relief as provided in this section and within the time limits specified, he shall be deemed to have waived such claims for relief as were known, or reasonably should have been known. The courts of Idaho shall have no power to consider any such claims for relief as have been so waived or grant any such relief.

(a) An allegation that a successive post-conviction petition may be heard because of the applicability of the exception herein for issues that were not known or could not reasonably have been known shall not be considered unless the applicant shows the existence of such issues by (i) a precise statement of the issue or issues asserted together with (ii) material facts stated under oath or affirmation by credible persons with first hand knowledge that would support the issue or issues asserted. A pleading that fails to make a showing of excepted issues supported by material facts, or which is not credible, must be summarily dismissed.

(b) A successive post-conviction pleading asserting the exception shall be deemed facially insufficient to the extent it alleges matters that are cumulative or impeaching or would not, even if the allegations were true, cast doubt on the reliability of the conviction or sentence.

(c) A successive post-conviction pleading asserting the exception shall be deemed facially insufficient to the extent it seeks retroactive application of new rules of law.

(6) In the event the defendant desires to appeal from any post-conviction order entered pursuant to this section, his appeal must be part of any appeal taken from the conviction or sentence. All issues relating to conviction, sentence and post-conviction challenge shall be considered in the same appellate proceeding.

(7) If post-conviction challenge is made under this section, questions raised thereby shall be heard and decided by the district court within ninety (90) days of the filing of any motion or petition for relief timely filed as provided by this section. The court shall give first priority to capital cases. In the event the district court fails to act within the time specified, the supreme court of Idaho shall, on its own motion or the motion of any party, order the court to proceed forthwith, or if appropriate, reassign the case to another judge. When the supreme court intervenes as provided, it shall set a reasonable time limit for disposition of the issues before the district court.

(8) The time limit provided in subsection (7) of this section for disposition of post-conviction claims may be extended only upon a showing of extraordinary circumstances which would make it impossible to fairly consider defendant's claims in the time provided. Such showing must be made under oath and the district court's finding that extraordinary circumstances exist for extending the time shall be in writing and shall be immediately reported to the supreme court, which shall at once independently consider the sufficiency of the circumstances shown and determine whether an extension of time is warranted.

(9) When a judgment imposing the penalty of death is filed, the clerk and the reporter shall begin preparation of the transcripts of the trial, and other proceedings, and the clerk's transcript.

(10) When the procedures specified in this section and section 19-2827, Idaho Code, have been carried out and a remittitur issued, and an execution date set as provided by law, the defendant shall be deemed to have exhausted all state remedies.

(11) Any successive petition for post-conviction relief not within the exception of subsection (5) of this section shall be dismissed summarily. Notwithstanding any other statute or rule, the order of dismissal shall not be subject to any motion to alter, amend or reconsider. Such order shall not be subject to any requirement for the giving of notice of the court's intent to dismiss. The order of dismissal shall not be appealable.

(12) A stay of execution while the special appellate procedures specified herein are followed and during the pendency of automatic review of death sentences shall be automatically entered by the clerk of the supreme court at the time the district court transmits to the supreme court the report required by section 19-2827, Idaho Code. If the sentence is upheld, the clerk shall dissolve such stay when the remittitur is filed. Thereafter the district court shall set a new execution date.

History:

[19-2719, added 1984, ch. 159, sec. 7, p. 388; am. 1995, ch. 140, sec. 3, p. 596; am. 2001, ch. 317, sec. 1, p. 1127; am. 2010, ch. 135, sec. 1, p. 287; am. 2015, ch. 245, sec. 1, p. 1040.]
Idaho Code § 19-4015 — Idaho Code / Title 19 / Chapter 40 / Section 19-4015
19-4015 SUSPENSION PENDING TRIAL.
Status: in_force

19-4015. Suspension pending trial. Whenever articles of impeachment against any officer subject to impeachment are presented to the senate, such officer is temporarily suspended from his office, and cannot act in his official capacity until he is acquitted. Upon such suspension of any state officer, his office must at once be temporarily filled by an appointment made by the governor, with the advice and consent of the senate, until the acquittal of the party impeached; or, in case of his removal, until the vacancy is filled as required by law.

History:

[(19-4015) Cr. Prac. 1864, sec. 65, p. 221; R.S., R.C., & C.L., sec. 7439; C.S., sec. 8668; I.C.A., sec. 19-4115.]
Idaho Code § 19-1112 — Idaho Code / Title 19 / Chapter 11 / Section 19-1112
19-1112 PROCEEDINGS TO BE SECRET.
Status: in_force

19-1112. Proceedings to be secret. Every member of the grand jury must keep secret whatever he himself, or any other grand juror may have said, or in what manner he or any other grand juror may have voted on a matter before them; and such matters shall be subject to disclosure according to chapter 1, title 74, Idaho Code, but may, however, be required by any court to disclose the testimony of a witness examined before the grand jury, for the purpose of ascertaining whether it is consistent with that given by the witness before the court, or to disclose the testimony given before them by any person, upon a charge against such person for perjury in giving his testimony, or upon trial therefor.

History:

[(19-1112) Cr. Prac. 1864, secs. 213, 214, p. 238; R.S., R.C., & C.L., sec. 7641; C.S., sec. 8800; I.C.A., sec. 19-1012; am. 1990, ch. 213, sec. 13, p. 499; am. 2015, ch. 141, sec. 19, p. 401.]
Idaho Code § 19-1813 — Idaho Code / Title 19 / Chapter 18 / Section 19-1813
19-1813 REMOVAL ON APPLICATION OF STATE — PROCEEDINGS AFTER TRANSFER.
Status: in_force

19-1813. Removal on application of state — Proceedings after transfer. The court to which the action is removed must proceed to trial and judgment therein as if the action had been commenced in such court. If it is necessary to have any of the original pleadings or other papers before such court, the court from which the action is removed must, at any time, upon application of the county attorney or the relator, order such papers or pleadings to be transmitted by the clerk, a certified copy thereof being retained. The costs accruing upon such removal and trial are a charge against the county from which such criminal action was removed.

History:

[(19-1813) 1907, p. 168, sec. 6; reen. R.S. & C.L., sec. 7779a; C.S., sec. 8900; I.C.A., sec. 19-1713.]
Idaho Code § 19-625 — Idaho Code / Title 19 / Chapter 6 / Section 19-625
19-625 DETENTION FOR OBTAINING EVIDENCE OF IDENTIFYING PHYSICAL CHARACTERISTICS.
Status: in_force

19-625. Detention for obtaining evidence of identifying physical characteristics. (1) A peace officer who is engaged, within the scope of his authority, in the investigation of an alleged criminal offense which is a felony may make written application upon oath or affirmation to a judge of any district court, or magistrates division thereof, for an order authorizing the temporary detention, for the purpose of obtaining evidence of identifying physical characteristics, of an identified or particularly described individual residing in or found in the jurisdiction over which the judicial officer presides. The order shall require the presence of the identified or particularly described individual at such time and place as the court shall direct for obtaining the identifying physical characteristic evidence. Such order may be issued by the judicial officer upon a showing under oath of all the following:

(A) Probable cause for belief that a specifically described criminal offense which is a felony has been committed.

(B) Reasonable grounds exist, which may or may not amount to probable cause, to believe that the identified or particularly described individual committed the criminal offense.

(C) Procurement of evidence of identifying physical characteristics from the identified or particularly described individual may contribute to the identification of the individual who committed such offense.

(D) Such evidence cannot otherwise be obtained by the investigating officer.

(2) Any order issued pursuant to the provisions of this section shall specify the following:

(A) The alleged criminal offense which is the subject of the application.

(B) The specific type of identifying physical characteristic evidence which is sought.

(C) The relevance of such evidence to the particular investigation.

(D) The identity or description of the individual who may be detained for obtaining such evidence.

(E) The name and official status of the investigative officer authorized to effectuate such detention and obtain such evidence.

(F) The place at which the obtaining of such evidence shall be effectuated.

(G) The time that such evidence shall be taken except that no person may be detained for a period of more than three (3) hours for the purpose of taking such evidence.

(H) That the individual so identified or described shall have the right to legal counsel during the detention when such evidence is obtained and if he is unable to afford private counsel an attorney shall be provided at public expense as provided by section 19-6009, Idaho Code.

(I) That the individual will be under no legal obligation to submit to any interrogation or to make any statement during the period of his appearance unless sound of voice identification is required.

(J) The period of time, not exceeding ten (10) days, during which the order shall continue in force and effect. If the order is not executed within ten (10) days, a new order may be issued, pursuant to the provisions of this section.

(3) The order issued pursuant to this section shall be returned to the court not later than fifteen (15) days after its date of issuance and shall be accompanied by a sworn statement indicating how and when the evidence was taken and the type of evidence taken. The court shall give to the person from whom such evidence was taken a copy of the order and a copy of the sworn statement indicating what type of evidence was taken, if any.

(4) For the purposes of this section, "identifying physical characteristics" shall mean the fingerprints, palm prints, footprints, measurements, handwriting, handprinting, sound of voice, blood samples, urine samples, saliva samples, hair samples, comparative personal appearance, or photographs of an individual.

History:

[19-625, added 1972, ch. 116, sec. 1, p. 230; am. 2001, ch. 142, sec. 3, p. 508; am. 2023, ch. 220, sec. 35, p. 681.]
Idaho Code § 19-2511 — Idaho Code / Title 19 / Chapter 25 / Section 19-2511
19-2511 GROUNDS FOR WITHHOLDING JUDGMENT.
Status: in_force

19-2511. Grounds for withholding judgment. He may show, for cause against the judgment that he has good cause to offer, either in arrest of judgment or for a new trial, in which case the court may, in its discretion, order the judgment to be deferred, and proceed to decide upon the motion in arrest of judgment or for a new trial.

History:

[(19-2511) Cr. Prac. 1864, sec. 444, p. 267; R.S., R.C., & C.L., sec. 7990; C.S., sec. 9033; I.C.A., sec. 19-2411; am. 1970, ch. 31, sec. 14, p. 61.]
Idaho Code § 19-5115 — Idaho Code / Title 19 / Chapter 51 / Section 19-5115
19-5115 REIMBURSEMENT FOR EXPENSES.
Status: in_force

19-5115. Reimbursement for expenses. Members of the council shall be compensated as provided in section 59-509(b), Idaho Code, to be paid from the funds authorized and appropriated to the council pursuant to the provisions of section 23-404, Idaho Code.

History:

[19-5115, added 1981, ch. 307, sec. 2, p. 632.]
Idaho Code § 19-2818 — Idaho Code / Title 19 / Chapter 28 / Section 19-2818
19-2818 DUTIES OF THE SUPREME COURT UPON REMAND FROM A FEDERAL COURT.
Status: in_force

19-2818. Duties of the supreme court upon remand from a federal court. In the event a sentence of death is returned by a federal court for further proceedings in the state courts, the Idaho supreme court shall consider whether any legal or factual error alleged by a federal court may be corrected without remanding the cause to the district court and shall: (a) make any specific fact findings required by a federal court when such findings are implicit in the judgment of the district court, though not expressly stated; (b) correct any formal error that may be corrected by reference to the record without remanding to the district court for resentencing; (c) make such findings as may be necessary to uphold a death sentence and can be made on the record without remanding the cause to the district court for further proceedings.

History:

[19-2818, added 1995, ch. 140, sec. 5, p. 598.]
Idaho Code § 19-822 — Idaho Code / Title 19 / Chapter 8 / Section 19-822
19-822 SECURITY FOR APPEARANCE — INFANTS AND MARRIED WOMEN.
Status: in_force

19-822. Security for appearance — Infants and married women. Infants and married women who are material witnesses against the defendant may be required to procure sureties for their appearance, as provided in the last section.

History:

[(19-822) Cr. Prac. 1864, sec. 168, p. 233; R.S., R.C., & C.L., sec. 7586; C.S., sec. 8764; I.C.A., sec. 19-722.]
Idaho Code § 19-3932 — Idaho Code / Title 19 / Chapter 39 / Section 19-3932
19-3932 IMPRISONMENT PENDING PAYMENT OF FINE.
Status: in_force

19-3932. Imprisonment pending payment of fine. When a judgment is entered imposing a fine, or costs, or both fine and costs, or ordering the defendant to be imprisoned until the fine, or costs, or fine and costs, be paid, he must be held in custody during the time specified in the judgment, unless the fine, or costs, or fine and costs, are sooner paid.

History:

[(19-3932) Cr. Prac. 1864, sec. 624, p. 290; R.S., sec. 8310; am. 1899, p. 379, sec. 7; reen. R.C. & C.L., sec. 8310; C.S., sec. 9258; I.C.A., sec. 19-4032.]
Idaho Code § 19-2912 — Idaho Code / Title 19 / Chapter 29 / Section 19-2912
19-2912 INCREASING OR REDUCING BAIL.
Status: in_force

19-2912. increasing or reducing bail. After a defendant has been admitted to bail, the court in which the charge is pending may, upon good cause shown, increase or reduce the amount of bail. If the amount is increased, the court shall order the defendant to be committed to the actual custody of the sheriff until bail is posted in the increased amount. Any previous bail posted in the case shall be exonerated by the court. If the defendant applies for a reduction of the amount of bail, notice of the application shall be served upon the attorney for the state and the person posting bail within five (5) business days.

History:

[19-2912, added 2009, ch. 90, sec. 2, p. 262.]
Idaho Code § 19-2317 — Idaho Code / Title 19 / Chapter 23 / Section 19-2317
19-2317 RECORDING VERDICT.
Status: in_force

19-2317. Recording verdict. When the verdict given is such as the court may receive, the clerk must immediately record it in full upon the minutes, read it to the jury, and inquire of them whether it is their verdict. If any juror disagree, the fact must be entered upon the minutes and the jury again sent out; but if no disagreement is expressed, the verdict is complete, and the jury must be discharged from the case.

History:

[(19-2317) Cr. Prac. 1864, sec. 417, p. 263; R.S., R.C., & C.L., sec. 7931; C.S., sec. 9002; I.C.A., sec. 19-2217.]
Idaho Code § 19-4705 — Idaho Code / Title 19 / Chapter 47 / Section 19-4705
19-4705 PAYMENT OF FINES AND FORFEITURES — SATISFACTION OF JUDGMENT — DISPOSITION — APPORTIONMENT.
Status: in_force

19-4705. Payment of fines and forfeitures — Satisfaction of judgment — Disposition — Apportionment. (1) Except as otherwise provided in subsection (2) of this section:

(a) All fines and forfeitures collected pursuant to the judgment of any court of the state shall be remitted to the court in which the judgment was rendered. The judgment shall then be satisfied by entry in the docket of the court. The clerk of the court shall daily remit all fines and forfeitures to the county auditor, who shall at the end of each month apportion the proceeds according to the provisions of this chapter. Other existing laws regarding the disposition of fines and forfeitures are hereby repealed to the extent such laws are inconsistent with the provisions of this chapter, except as provided in section 49-1013(5), Idaho Code.

(b) Fines and forfeitures remitted for violations of fish and game laws shall be apportioned two and one-half percent (2 1/2%) to the state treasurer for deposit in the state general fund, ten percent (10%) to the search and rescue account, twenty-two and one-half percent (22 1/2%) to the district court fund, and sixty-five percent (65%) to the public shooting range fund as provided in section 36-418, Idaho Code.

(c) Fines and forfeitures remitted for violations of state motor vehicle laws, for violation of state driving privilege laws, and for violation of state laws prohibiting driving while under the influence of alcohol, drugs or any other intoxicating substances shall be apportioned ten percent (10%) to the state treasurer, of which eighty-six percent (86%) shall be deposited to the state general fund and fourteen percent (14%) shall be deposited to the peace officers standards and training fund authorized in section 19-5116, Idaho Code, forty-five percent (45%) to the state treasurer for deposit in the highway distribution account, twenty-two and one-half percent (22 1/2%) to the district court fund, and twenty-two and one-half percent (22 1/2%) to the state treasurer for deposit in the public school income fund; provided, however, that fines and forfeitures remitted for violation of state motor vehicle laws, for violation of state driving privilege laws, and for violation of state laws prohibiting driving while under the influence of alcohol, drugs or any other intoxicating substances, where an arrest is made or a citation is issued by a city law enforcement official or by a law enforcement official of a governmental agency under contract to provide law enforcement services for a city, shall be apportioned ten percent (10%) to the state treasurer, of which eighty-six percent (86%) shall be deposited to the state general fund and fourteen percent (14%) shall be deposited to the peace officers standards and training fund authorized in section 19-5116, Idaho Code, and ninety percent (90%) to the city whose officer made the arrest or issued the citation.

(d) Fines and forfeitures remitted for violation of any state law not involving fish and game laws, motor vehicle laws, state driving privilege laws, or state laws prohibiting driving while under the influence of alcohol, drugs or any other intoxicating substances shall be apportioned ten percent (10%) to the state treasurer, of which eighty-six percent (86%) shall be deposited to the state general fund and fourteen percent (14%) shall be deposited to the peace officers standards and training fund authorized in section 19-5116, Idaho Code, and ninety percent (90%) to the district court fund of the county in which the violation occurred.

(e) Fines and forfeitures remitted for violation of county ordinances shall be apportioned ten percent (10%) to the state treasurer, of which eighty-six percent (86%) shall be deposited to the state general fund and fourteen percent (14%) shall be deposited to the peace officers standards and training fund authorized in section 19-5116, Idaho Code, and ninety percent (90%) to the district court fund of the county whose ordinance was violated.

(f) Fines and forfeitures remitted for violation of city ordinances shall be apportioned ten percent (10%) to the state treasurer, of which eighty-six percent (86%) shall be deposited to the state general fund and fourteen percent (14%) shall be deposited to the peace officers standards and training fund authorized in section 19-5116, Idaho Code, and ninety percent (90%) to the city whose ordinance was violated.

(g) Fines and forfeitures remitted for violations not specified in this chapter shall be apportioned ten percent (10%) to the state treasurer, of which eighty-six percent (86%) shall be deposited to the state general fund and fourteen percent (14%) shall be deposited to the peace officers standards and training fund authorized in section 19-5116, Idaho Code, and ninety percent (90%) to the district court fund of the county in which the violation occurred, except in cases where a duly designated officer of any city police department or city law enforcement official made the arrest for any such violation, in which case ninety percent (90%) shall be apportioned to the city whose officer made the arrest.

(h) Fines and forfeitures remitted for violations involving any of the provisions of chapter 71, title 67, Idaho Code, shall be apportioned ten percent (10%) to the state treasurer, of which eighty-six percent (86%) shall be deposited to the state general fund and fourteen percent (14%) shall be deposited to the peace officers standards and training fund authorized in section 19-5116, Idaho Code, and ninety percent (90%) to the general fund of the county or city whose law enforcement official issued the citation.

(i) Fines and forfeitures remitted for violations of overweight laws as provided in section 49-1013(3), Idaho Code, shall be deposited one hundred percent (100%) into the highway distribution account.

(j) Fines remitted for violations of section 18-7008, Idaho Code, shall be apportioned ten percent (10%) to the district court fund, sixty-five percent (65%) to the county where the trespass occurred for appropriation to the sheriff's office, and twenty-five percent (25%) to the Idaho rangeland resources commission for expanded education programs regarding private property rights and land user responsibility.

(k) Fines remitted for violations of section 18-9101, Idaho Code, shall be apportioned ninety percent (90%) to the county where the violation occurred for appropriation to the sheriff's office and ten percent (10%) to the district court fund of the county where the violation occurred.

(2) Any fine or forfeiture remitted for any misdemeanor violation for which an increase in the maximum fine became effective on or after July 1, 2005, shall be apportioned as follows:

(a) Any funds remitted, up to the maximum amount that could have been imposed before July 1, 2005, as a fine for the misdemeanor violation shall be apportioned according to the applicable provisions of subsection (1) of this section; and

(b) Any other funds remitted, in excess of the maximum amount that could have been imposed before July 1, 2005, as a fine for the misdemeanor violation shall be remitted to the state treasurer and shall be deposited in the drug court, mental health court and family court services fund as set forth in section 1-1625, Idaho Code.

(3) As used in this section, the term "city law enforcement official" shall include an official of any governmental agency providing law enforcement services to a city in accordance with the terms of a contract or agreement, when such official makes the arrest or issues a citation within the geographical limits of the city and when the contract or agreement provides for payment to the city of fines and forfeitures resulting from such service.

History:

[19-4705, added 1969, ch. 136, sec. 1, p. 420; am. 1971, ch. 65, sec. 1, p. 149; am. 1971, ch. 102, sec. 1, p. 221; am. 1972, ch. 6, sec. 1, p. 8; am. 1976, ch. 307, sec. 1, p. 1052; am. 1978, ch. 285, sec. 1, p. 692; am. 1981, ch. 84, sec. 1, p. 116; am. 1983, ch. 187, sec. 1, p. 506; am. 1984, ch. 161, sec. 1, p. 400; am. 1984, ch. 195, sec. 2, p. 446; am. 1986, ch. 333, sec. 1, p. 817; am. 1991, ch. 226, sec. 5, p. 545; am. 1993, ch. 311, sec. 1, p. 1146; am. 1998, ch. 426, sec. 1, p. 1343; am. 2001, ch. 179, sec. 1, p. 604; am. 2005, ch. 114, sec. 1, p. 365; am. 2005, ch. 360, sec. 2, p. 1144; am. 2006, ch. 71, sec. 20, p. 222; am. 2011, ch. 151, sec. 8, p. 420; am. 2018, ch. 350, sec. 8, p. 832; am. 2021, ch. 149, sec. 25, p. 415; am. 2021, ch. 249, sec. 1, p. 775; am. 2022, ch. 111, sec. 11, p. 374; am. 2025, ch. 252, sec. 2, p. 1117; am. 2026, ch. 251, sec. 6, p. 1056.]
Idaho Code § 19-1308 — Idaho Code / Title 19 / Chapter 13 / Section 19-1308
19-1308 PRELIMINARY EXAMINATION NECESSARY.
Status: in_force

19-1308. Preliminary examination necessary. No information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor, as provided by law, before a justice of the peace, or other examining magistrate or officer, unless such person shall waive his right to such examination: provided, that information may be filed without such examination against fugitives from justice, and any fugitive from justice against whom an information shall be filed may be demanded by the governor of this state of the executive authority of any other state or territory, or of any foreign government, in the same manner, and the same proceedings may be had thereon, as provided by law in like cases of demand upon indictment filed.

History:

[(19-1308) 1890-1891, p. 184, sec. 8; reen. 1899, p. 125, sec. 8; reen. R.C. & C.L., sec. 7662; C.S., sec. 8816; I.C.A., sec. 19-1208.]
Idaho Code § 19-2209 — Idaho Code / Title 19 / Chapter 22 / Section 19-2209
19-2209 FINAL ADJOURNMENT OF THE COURT DISCHARGES THE JURY.
Status: in_force

19-2209. Final adjournment of the court discharges the jury. A final adjournment of the court discharges the jury.

History:

[(19-2209) Cr. Prac. 1864, sec. 399, p. 261; R.S., R.C., & C.L., sec. 7908; C.S., sec. 8984; I.C.A., sec. 19-2109.]
Idaho Code § 19-606 — Idaho Code / Title 19 / Chapter 6 / Section 19-606
19-606 PERSON ARRESTING MAY SUMMON ASSISTANCE.
Status: in_force

19-606. Person arresting may summon assistance. Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.

History:

[(19-606) Cr. Prac. 1864, sec. 123, p. 228; R.S., R.C., & C.L., sec. 7543; C.S., sec. 8729; I.C.A., sec. 19-606.]
Idaho Code § 19-1806 — Idaho Code / Title 19 / Chapter 18 / Section 19-1806
19-1806 PROCEEDINGS AFTER REMOVAL.
Status: in_force

19-1806. Proceedings after removal. The court to which the action is removed must proceed to trial and judgment therein as if the action had been commenced in such court. If it is necessary to have any of the original pleadings or other papers before such court, the court from which the action is removed must, at any time, upon application of the prosecuting attorney or the defendant, order such papers or pleadings to be transmitted by the clerk, a certified copy thereof being retained. The costs accruing upon such removal and trial are a charge against the county in which the indictment was found.

History:

[(19-1806) Cr. Prac. 1864, secs. 310, 674, pp. 250 and 296; R.S., R.C., & C.L., sec. 7773; C.S., sec. 8893; I.C.A., sec. 19-1706.]
Idaho Code § 19-704 — Idaho Code / Title 19 / Chapter 7 / Section 19-704
19-704 DISTRICT OF COLUMBIA INCLUDED.
Status: in_force

19-704. District of Columbia included. For the purpose of this act the word "state" shall include the District of Columbia.

History:

[19-704, added 1941, ch. 69, sec. 4, p. 133.]
Idaho Code § 19-3020 — Idaho Code / Title 19 / Chapter 30 / Section 19-3020
19-3020 EXEMPTION FROM ARREST AND SERVICE OF PROCESS.
Status: in_force

19-3020. Exemption from arrest and service of process. If a witness from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, he shall not while in this state pursuant to the order be subject to arrest or the service of process, civil or criminal, because of any act committed prior to his arrival in this state under the order.

History:

[19-3020, added 1959, ch. 10, sec. 8, p. 25.]
Idaho Code § 19-4111 — Idaho Code / Title 19 / Chapter 41 / Section 19-4111
19-4111 PROCESS FOR WITNESSES.
Status: in_force

19-4111. Process for witnesses. The prosecuting attorney and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses as upon a trial of an indictment.

History:

[(19-4111) Cr. Prac. 1864, sec. 77, p. 222; R.S., R.C., & C.L., sec. 7455; C.S., sec. 8680; I.C.A., sec. 19-4211.]
Idaho Code § 19-4016 — Idaho Code / Title 19 / Chapter 40 / Section 19-4016
19-4016 IMPEACHMENT NOT A BAR TO INDICTMENT.
Status: in_force

19-4016. Impeachment not a bar to indictment. If the offense for which the defendant is convicted on impeachment is also the subject of an indictment, the indictment is not barred thereby.

History:

[(19-4016) Cr. Prac. 1864, sec. 66, p. 221; R.S., R.C., & C.L., sec. 7440; C.S., sec. 8669; I.C.A., sec. 19-4116.]
Idaho Code § 19-4420 — Idaho Code / Title 19 / Chapter 44 / Section 19-4420
19-4420 SEARCH OF ACCUSED PERSON.
Status: in_force

19-4420. Search of accused person. When a person charged with a felony is supposed by the magistrate before whom he is brought to have on his person a dangerous weapon, or any thing which may be used as evidence of the commission of the offense, the magistrate may direct him to be searched in his presence, and the weapon or other thing to be retained, subject to his order, or to the order of the court in which the defendant may be tried.

History:

[(19-4420) Cr. Prac. 1864, sec. 651, p. 293; R.S., R.C., & C.L., sec. 8409; C.S., sec. 9338; I.C.A., sec. 19-4520.]
Idaho Code § 19-2005 — Idaho Code / Title 19 / Chapter 20 / Section 19-2005
19-2005 CHALLENGE TO PANEL — GROUNDS.
Status: in_force

19-2005. Challenge to panel — Grounds. A challenge to the panel can be founded only on a material departure from the forms prescribed in respect to the drawing and return of the jury in civil actions, or on the intentional omission of the sheriff to summon one (1) or more of the jurors drawn.

History:

[(19-2005) Cr. Prac. 1864, sec. 322, p. 250; R.S., R.C., & C.L., sec. 7819; C.S., sec. 8915; I.C.A., sec. 19-1905.]
Idaho Code § 19-5004 — Idaho Code / Title 19 / Chapter 50 / Section 19-5004
19-5004 PERSISTENT VIOLATORS.
Status: in_force

19-5004. Persistent violators. Nothing in this act or in the agreement on detainers shall be construed to require the application of section 19-2514, Idaho Code, to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement.

History:

[19-5004, added 1971, ch. 167, sec. 4, p. 790.]
Idaho Code § 19-4203 — Idaho Code / Title 19 / Chapter 42 / Section 19-4203
19-4203 WHO MAY PETITION FOR A WRIT OF HABEAS CORPUS.
Status: in_force

19-4203. Who may petition for a writ of habeas corpus. (1) Any person, not a prisoner as defined in section 19-4201A, Idaho Code, who believes he is unlawfully restrained of his liberty in this state may file a petition for writ of habeas corpus to request that the court inquire into the cause and/or legality of the restraint.

(2) An in-state prisoner, as defined in section 19-4201A, Idaho Code, or a person who is restrained of his liberty while involved in parole revocation proceedings, or while held on an agent or commission warrant in this state, may file a petition for writ of habeas corpus to request that a court inquire into state or federal constitutional questions concerning:

(a) The conditions of his confinement;

(b) Revocation of parole;

(c) Miscalculation of his sentence;

(d) Loss of good time credits;

(e) A detainer lodged against him.

(3) An out-of-state prisoner, as defined in section 19-4201A, Idaho Code, may file a petition for writ of habeas corpus only to request that an Idaho court inquire into a state or federal constitutional question concerning the conditions of his confinement. Habeas corpus relief shall not be available for an out-of-state prisoner to challenge:

(a) Any issue concerning the legality of his out-of-state conviction or sentence;

(b) Any issue concerning the legality of the fact or duration of his confinement in this state;

(c) Any issue concerning the legality of the contract or agreement or any terms thereof pursuant to which he is housed in this state;

(d) Any issue concerning the grant, denial or revocation of parole for his out-of-state conviction and sentence;

(e) Miscalculation of his out-of-state sentence;

(f) Loss of out-of-state good time credits or lack of (failure to grant) good time credits under the laws of the state of Idaho;

(g) A detainer lodged against him.

(4) Habeas corpus shall not be used as a substitute for, or in addition to, a direct appeal of a criminal conviction or proceedings under Idaho criminal rule 35 or the uniform post-conviction procedures act, chapter 49, title 19, Idaho Code, and the statutes of limitations imposed therein.

(5) Habeas corpus shall not be used as a substitute for or in addition to proceedings available in child custody matters and proceedings under the Idaho domestic violence crime prevention act, chapter 63, title 39, Idaho Code.

(6) Habeas corpus is an individual remedy only.

(7) For purposes of this chapter and any other civil challenges to conditions of confinement, the term "conditions of confinement" shall be defined as any civil proceeding with respect to a condition in any state or county institution, or state, local or private correctional facility, as those terms are defined in section 19-4201A, Idaho Code, arising under state or federal law pertaining to the conditions of confinement or the effects of actions by government officials or employees of a private prison contractor while employed at a private correctional facility in the state of Idaho on the life of a person confined in a state or county institution, or a state, local or private correctional facility.

History:

[19-4203, added 1999, ch. 376, sec. 2, p. 1027; am. 2000, ch. 271, sec. 2, p. 778.]
Idaho Code § 19-5901 — Idaho Code / Title 19 / Chapter 59 / Section 19-5901
19-5901 SHORT TITLE.
Status: in_force

19-5901. Short title. This chapter shall be known and may be cited as the "State Appellate Public Defender Act."

History:

[19-5901, added 2021, ch. 164, sec. 2, p. 466.]
Idaho Code § 19-5106 — Idaho Code / Title 19 / Chapter 51 / Section 19-5106
19-5106 MEMBERSHIP NO DISQUALIFICATION FOR OTHER PUBLIC OFFICE.
Status: in_force

19-5106. Membership no disqualification for other public office. Notwithstanding any provision of any statute, ordinance, local law or charter provision to the contrary, membership on the commission shall not disqualify any member from holding any other public office or cause the forfeiture thereof.

History:

[19-5106, added 1981, ch. 307, sec. 2, p. 630.]
Idaho Code § 19-4008 — Idaho Code / Title 19 / Chapter 40 / Section 19-4008
19-4008 OVERRULING DEMURRER — PLEA AND TRIAL.
Status: in_force

19-4008. Overruling demurrer — Plea and trial. If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the senate who heard the argument, the defendant must be ordered forthwith to answer the articles of impeachment. If he then pleads guilty, or refuses to plead, the senate must render judgment of conviction against him. If he pleads not guilty, the senate must at such time as it may appoint, proceed to try the impeachment.

History:

[(19-4008) Cr. Prac. 1864, sec. 57, p. 220; R.S., R.C., & C.L., sec. 7432; C.S., sec. 8661; I.C.A., sec. 19-4108.]
Idaho Code § 19-815A — Idaho Code / Title 19 / Chapter 8 / Section 19-815A
19-815A CHALLENGING SUFFICIENCY OF EVIDENCE OF PRELIMINARY EXAMINATION.
Status: in_force

19-815A. Challenging sufficiency of evidence of preliminary examination. A defendant once held to answer to a criminal charge under this chapter may challenge the sufficiency of evidence educed at the preliminary examination by a motion to dismiss the commitment, signed by the magistrate, or the information filed by the prosecuting attorney. Such motion to dismiss shall be heard by a district judge.

If the district judge finds that the magistrate has held the defendant to answer without reasonable or probable cause to believe that the defendant has committed the crime for which he was held to answer, or finds that no public offense has been committed, he shall dismiss the complaint, commitment or information and order the defendant discharged.

History:

[I.C., sec. 19-815A, as added by S.L. 1971, ch. 250, sec. 1, p. 1005.]
Idaho Code § 19-3010 — Idaho Code / Title 19 / Chapter 30 / Section 19-3010
19-3010 DISOBEDIENCE TO SUBPOENA.
Status: in_force

19-3010. Disobedience to subpoena. Disobedience to a subpoena, or a refusal to be sworn or to testify as a witness, may be punished by the court or magistrate as a contempt. A witness disobeying a subpoena issued on the part of the defendant, unless he show good cause for his nonattendance, is liable to the defendant in the sum of $100, which may be recovered in a civil action.

History:

[(19-3010) Cr. Prac. 1864, secs. 546, 548, pp. 279 and 280; R.S., R.C., & C.L., sec. 8153; C.S., sec. 9137; I.C.A., sec. 19-2909.]
Idaho Code § 19-3210 — Idaho Code / Title 19 / Chapter 32 / Section 19-3210
19-3210 DELIVERY OF COMMISSION TO AGENT.
Status: in_force

19-3210. Delivery of commission to agent. If the commission and return is delivered by the commissioner to an agent he must deliver the same to the clerk to whom it is directed or to the judge of the court in which the indictment is pending, by whom it may be received and opened, upon the agent making affidavit that he received it from the hands of the commissioner, and that it has not been opened or altered since he received it.

History:

[(19-3210) Cr. Prac. 1864, sec. 564, p. 282; R.S., R.C., & C.L., sec. 8185; C.S., sec. 9161; I.C.A., sec. 19-3110.]
Idaho Code § 19-4525 — Idaho Code / Title 19 / Chapter 45 / Section 19-4525
19-4525 NO RIGHT OF ASYLUM — NO IMMUNITY FROM OTHER CRIMINAL PROSECUTION WHILE IN THIS STATE.
Status: in_force

19-4525. No right of asylum — No immunity from other criminal prosecution while in this state. After a person has been brought back to this state by or after waiver of extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here, as well as that specified in the requisition for his extradition.

History:

[(19-4525) 1927, ch. 29, sec. 25, p. 31; I.C.A., sec. 19-4625; am. 2008, ch. 136, sec. 26, p. 393.]
Idaho Code § 19-3112 — Idaho Code / Title 19 / Chapter 31 / Section 19-3112
19-3112 DEPOSITION OF IMPRISONED WITNESS.
Status: in_force

19-3112. Deposition of imprisoned witness. When a material witness for a defendant, under a criminal charge, is a prisoner in the state prison, or in the county jail of a county other than that in which the defendant is to be tried, his deposition may be taken on behalf of the defendant, in the same manner provided in the case of a witness who is sick, and the provisions of this chapter, so far as applicable, govern in the application for, and in the taking and use of, such deposition. Such deposition may be taken before any magistrate or notary public of the county in which the jail or prison is situated. Every officer before whom testimony is taken by virtue hereof shall have authority to administer, and must administer, an oath to the witness that his testimony shall be the truth, the whole truth, and nothing but the truth.

History:

[(19-3112) R.S., R.C., & C.L., sec. 8171; C.S., sec. 9151; I.C.A., sec. 19-3012.]
Idaho Code § 19-1424 — Idaho Code / Title 19 / Chapter 14 / Section 19-1424
19-1424 INDICTMENT FOR LIBEL.
Status: in_force

19-1424. Indictment for libel. An indictment for libel need not set forth any extrinsic facts for the purpose of showing the application to the party libeled, or of the defamatory matter on which the indictment is founded; but it is sufficient to state generally that the same was published concerning him, and the fact that it was so published must be established on the trial.

History:

[(19-1424) Cr. Prac. 1864, sec. 247, p. 243; R.S., R.C., & C.L., sec. 7691; C.S., sec. 8839; I.C.A., sec. 19-1324.]
Idaho Code § 19-2907 — Idaho Code / Title 19 / Chapter 29 / Section 19-2907
19-2907 POSTING BAIL — SUFFICIENT SURETIES.
Status: in_force

19-2907. POSTING BAIL — SUFFICIENT SURETIES. (1) The posting of bail consists of filing sufficient sureties with the court, as required by the court, to ensure the defendant's appearance. Sufficient sureties shall consist of any one (1) of the following:

(a) A bail bond;

(b) A property bond; or

(c) A cash deposit.

(2) Although bail may be posted in the form of a cash deposit pursuant to the provisions of subsection (1) of this section, a defendant shall not be required to post bail in the form of a cash deposit.

History:

[19-2907, added 2009, ch. 90, sec. 2, p. 261.]
Idaho Code § 19-2516 — Idaho Code / Title 19 / Chapter 25 / Section 19-2516
19-2516 COST OF PRESENTENCE INVESTIGATION.
Status: in_force

19-2516. cost of presentence investigation. If a court orders a presentence investigation to be conducted, the court shall order the defendant to pay an amount to be determined by the department of correction, not to exceed one hundred dollars ($100), of the cost of conducting the presentence investigation and preparing the presentence investigation report. Such court orders shall be included in the judgment. Any such amount to be paid by the defendant shall be determined by the department of correction and shall be based on the defendant's ability to pay. In determining a defendant's ability to pay, the department of correction may consider such factors as the defendant's income, property owned, outstanding obligations and the number and ages of dependents. Such payments shall be made to the department of correction and will be placed in the probation and parole receipts account created pursuant to section 20-225A, Idaho Code, and utilized as reimbursement for the cost of conducting the presentence investigation and preparing the presentence investigation report. Moneys in the probation and parole receipts account may be expended only after appropriation by the legislature.

History:

[19-2516, added 2011, ch. 74, sec. 1, p. 156.]
Idaho Code § 19-2601 — Idaho Code / Title 19 / Chapter 26 / Section 19-2601
19-2601 COMMUTATION, SUSPENSION, WITHHOLDING OF SENTENCE — PROBATION.
Status: in_force

19-2601. Commutation, suspension, withholding of sentence — Probation. Whenever any person shall have been convicted, or enter a plea of guilty, in any district court of the state of Idaho, of or to any crime against the laws of the state, except those of treason or murder, the court in its discretion may:

1. Commute the sentence and confine the defendant in the county jail, or, if the defendant is of proper age, commit the defendant to the custody of the state department of juvenile corrections;

2. Suspend the execution of the judgment at the time of judgment or at any time during the term of a sentence in the county jail and may place the defendant on probation under such terms and conditions as it deems necessary and appropriate;

3. Withhold judgment on such terms and for such time as it may prescribe and may place the defendant on probation under such terms and conditions as it deems necessary and appropriate; or

4. Suspend the execution of the judgment at any time during the first three hundred sixty-five (365) days of a sentence to the custody of the state board of correction. The court may retain jurisdiction over the prisoner for a period of up to the first three hundred sixty-five (365) days. Except as provided for in section 19-2601A, Idaho Code, during the period of retained jurisdiction, the state board of correction shall be responsible for determining the placement of the prisoner and such education, programming and treatment as it determines to be appropriate. The prisoner will remain committed to the board of correction if not affirmatively placed on probation by the court. In extraordinary circumstances, where the court concludes that it is unable to obtain and evaluate the relevant information within the period of retained jurisdiction, or where the court concludes that a hearing is required and is unable to obtain the defendant's presence for such a hearing within such period, the court may decide whether to place the defendant on probation or release jurisdiction within a reasonable time, not to exceed thirty (30) days, after the period of retained jurisdiction has expired. Placement on probation shall be under such terms and conditions as the court deems necessary and appropriate. The court in its discretion may sentence a defendant to more than one (1) period of retained jurisdiction after a defendant has been placed on probation in a case or following release from commitment to the department of juvenile corrections pursuant to section 19-2601A, Idaho Code. In no case shall the board of correction or its agent, the department of correction, be required to hold a hearing of any kind with respect to a recommendation to the court for the grant or denial of probation. Probation is a matter left to the sound discretion of the court. Any recommendation made by the state board of correction to the court regarding the prisoner shall be in the nature of an addendum to the presentence report. The board of correction and its agency, the department of correction, and their employees shall not be held financially responsible for damages, injunctive or declaratory relief for any recommendation made to the district court under this section.

5. If the crime involved is a felony and if judgment is withheld as provided in subsection 3. of this section or if judgment and a sentence of custody to the state board of correction is suspended at the time of judgment in accordance with subsection 2. of this section or as provided by subsection 4. of this section, the court may place the defendant on probation. If the court places the defendant on probation to the board of correction, the court shall include in the terms and conditions of probation a requirement that the defendant enter into and comply with an agreement of supervision with the board of correction. The agreement of supervision shall include provisions setting forth the potential sanctions for a violation of the terms or conditions imposed and potential rewards for compliance with the terms and conditions imposed, as such sanctions and rewards are set forth in rules of the board of correction.

6. If the crime involved is a misdemeanor, indictable or otherwise, or if the court should suspend any remaining portion of a jail sentence already commuted in accordance with subsection 1. of this section, the court, if it grants probation, may place the defendant on probation.

7. The period of probation ordered by a court under this section under a conviction or plea of guilty for a misdemeanor, indictable or otherwise, may be for a period of not more than two (2) years; provided that the court may extend the period of probation to include the period of time during which the defendant is a participant in a problem solving court program and for a period of up to one (1) year after a defendant's graduation or termination from a problem solving court program. Under a conviction or plea of guilty for a felony the period of probation may be for a period of not more than the maximum period for which the defendant might have been imprisoned.

History:

[19-2601, added 1972, ch. 336, sec. 9, p. 989; am. 1972, ch. 381, sec. 16, p. 1102; am. 1973, ch. 292, sec. 1, p. 615; am. 1974, ch. 68, sec. 1, p. 1149; am. 1980, ch. 176, sec. 1, p. 374; am. 1994, ch. 33, sec. 1, p. 50; am. 1995, ch. 247, sec. 1, p. 817; am. 1996, ch. 418, sec. 1, p. 1388; am. 1998, ch. 67, sec. 1, p. 260; am. 2000, ch. 246, sec. 1, p. 686; am. 2005, ch. 186, sec. 1, p. 572; am. 2010, ch. 350, sec. 1, p. 913; am. 2012, ch. 46, sec. 1, p. 140; am. 2014, ch. 150, sec. 4, p. 418; am. 2015, ch. 113, sec. 2, p. 281; am. 2018, ch. 125, sec. 1, p. 264.]
Idaho Code § 19-3601 — Idaho Code / Title 19 / Chapter 36 / Section 19-3601
19-3601 ISSUANCE OF SUMMONS.
Status: in_force

19-3601. Issuance of summons. Upon an information or presentment against a corporation, the magistrate must issue a summons signed by him, with his name of office, requiring the corporation to appear before him at a specified time and place, to answer the charge, the time to be not less than ten days after the issuing of the summons.

History:

[(19-3601) 1874, p. 363, sec. 583; R.S., R.C., & C.L., sec. 8222; C.S., sec. 9182; I.C.A., sec. 19-3501.]
Idaho Code § 19-5708 — Idaho Code / Title 19 / Chapter 57 / Section 19-5708
19-5708 ADOPTION OF RULES.
Status: in_force

19-5708. Adoption of rules. The secretary of state may adopt rules to facilitate the administration of this chapter by state and local agencies.

History:

[19-5708, added 2008, ch. 232, sec. 1, p. 705.]
Idaho Code § 19-1419 — Idaho Code / Title 19 / Chapter 14 / Section 19-1419
19-1419 DEFECTS OF FORM.
Status: in_force

19-1419. Defects of form. No indictment is insufficient, nor can the trial, judgment, or other proceeding thereon, be affected, by reason of any defect or imperfection in matter of form, which does not tend to the prejudice of a substantial right of the defendant upon its merits.

History:

[(19-1419) Cr. Prac. 1864, sec. 243, p. 243; R.S., R.C., & C.L., sec. 7687; C.S., sec. 8835; I.C.A., sec. 19-1319.]
Idaho Code § 19-107 — Idaho Code / Title 19 / Chapter 1 / Section 19-107
19-107 SECOND PROSECUTION PROHIBITED.
Status: in_force

19-107. Second prosecution prohibited. No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted.

History:

[19-107, added 1972, ch. 336, sec. 2, p. 982.]
Idaho Code § 19-1705 — Idaho Code / Title 19 / Chapter 17 / Section 19-1705
19-1705 ARGUMENT ON DEMURRER.
Status: in_force

19-1705. Argument on demurrer. Upon the demurrer being filed, the argument upon the objections presented thereby must be heard, either immediately or at such time as the court may appoint.

History:

[(19-1705) Cr. Prac. 1864, sec. 287, p. 248; R.S., R.C., & C.L., sec. 7744; C.S., sec. 8872; I.C.A., sec. 19-1605.]
Idaho Code § 19-1801 — Idaho Code / Title 19 / Chapter 18 / Section 19-1801
19-1801 GROUND FOR REMOVAL.
Status: in_force

19-1801. Ground for removal. A criminal action, prosecuted by indictment, may be removed from the court in which it is pending, on the application of the defendant, on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending.

History:

[(19-1801) Cr. Prac. 1864, sec. 305, p. 249; R.S., R.C., & C.L., sec. 7768; C.S., sec. 8888; I.C.A., sec. 19-1701.]
Idaho Code § 19-103 — Idaho Code / Title 19 / Chapter 1 / Section 19-103
19-103 CRIMINAL ACTION DEFINED.
Status: in_force

19-103. Criminal action defined. The proceedings by which a party charged with a public offense is accused and brought to trial and punishment is known as a criminal action.

History:

[(19-103) Cr. Prac. 1864, sec. 7, p.214; R.S., R.C., & C.L., sec. 7352; C.S., sec. 8618; I.C.A., sec. 19-103.]
Idaho Code § 19-2020 — Idaho Code / Title 19 / Chapter 20 / Section 19-2020
19-2020 GROUNDS OF CHALLENGE FOR IMPLIED BIAS.
Status: in_force

19-2020. Grounds of challenge for implied bias. A challenge for implied bias may be taken for all or any of the following causes and for no other:

1. Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or to the defendant.

2. Standing in the relation of guardian and ward, attorney and client, master and servant, or landlord and tenant, or being a member of the family or boarder or lodger of the defendant, or of the person alleged to be injured by the offense charged or on whose complaint the prosecution was instituted, or in his employment on wages.

3. Being a party adverse to the defendant in a civil action or having complained against or been accused by him in a criminal prosecution.

4. Having served on the grand jury which found the indictment, or on a coroner's jury which inquired into the death of a person whose death is the subject of the indictment.

5. Having served on a trial jury which has tried another person for the offense charged in the indictment.

6. Having been one of a jury formerly sworn to try the same charge, and whose verdict was set aside or which was discharged without a verdict after the case was submitted to it, or being a witness for the prosecution, or subpoenaed as such.

7. Having served as a juror in a civil action brought against the defendant for the act charged as an offense.

8. Having formed or expressed an unqualified opinion or belief that the prisoner is guilty or not guilty of the offense charged.

9. If the offense charged be punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty; in which case he must neither be permitted nor compelled to serve as a juror.

History:

[(19-2020) Cr. Prac. 1864, sec. 339, p. 252; R.S., R.C., & C.L., sec. 7834; C.S., sec. 8930; I.C.A., sec. 19-1920.]
Idaho Code § 19-4302 — Idaho Code / Title 19 / Chapter 43 / Section 19-4302
19-4302 JURORS TO BE SWORN.
Status: in_force

19-4302. Jurors to be sworn. When six (6) or more of the jurors attend, they must be sworn by the coroner to inquire who the person was, and when, where, and by what means he came to his death, and into the circumstances attending his death, and to render a true verdict thereon, according to the evidence offered them.

History:

[(19-4302) 1863, p. 475, sec. 136; R.S., R.C., & C.L., sec. 8378; C.S., sec. 9310; I.C.A., sec. 19-4402; am. 1961, ch. 262, sec. 7, p. 459.]
Idaho Code § 19-4305 — Idaho Code / Title 19 / Chapter 43 / Section 19-4305
19-4305 VERDICT OF JURY.
Status: in_force

19-4305. Verdict of jury. After hearing the testimony, the jury must render their verdict and certify the same by an inquisition in writing, signed by them, and setting forth who the person killed is, and when, where, and by what means he came to his death; and if he was killed, or his death occasioned by the act of another, by criminal means, who is guilty thereof.

History:

[(19-4305) 1863, p. 475, sec. 139; R.S., R.C., & C.L., sec. 8381; C.S., sec. 9313; I.C.A., sec. 19-4405; am. 1961, ch. 262, sec. 9, p. 459.]
Idaho Code § 19-3203 — Idaho Code / Title 19 / Chapter 32 / Section 19-3203
19-3203 COMMISSION DEFINED.
Status: in_force

19-3203. Commission defined. A commission is a process issued under the seal of the court and the signature of the clerk, directed to some person designated as commissioner, authorizing him to examine the witness upon oath or interrogatories annexed thereto, to take and certify the deposition of the witness, and to return it according to the directions given with the commission.

History:

[(19-3203) Cr. Prac. 1864, sec. 551, p. 280; R.S., R.C., & C.L., sec. 8178; C.S., sec. 9154; I.C.A., sec. 19-3103.]
Idaho Code § 19-6309 — Idaho Code / Title 19 / Chapter 63 / Section 19-6309
19-6309 PENALTIES.
Status: in_force

19-6309. penalties. Any person or company that knowingly fails to submit proceeds as required by this chapter shall be subject to a civil penalty of up to three (3) times the amount withheld, plus attorney's fees. The attorney general may bring a civil action to recover such penalties.

History:

[19-6309, added 2026, ch. 39, sec. 2, p. 168.]
Idaho Code § 19-5001 — Idaho Code / Title 19 / Chapter 50 / Section 19-5001
19-5001 TEXT OF AGREEMENT.
Status: in_force

19-5001. Text of agreement. The agreement on detainers is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows:

(a) The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.

(b) As used in this agreement:

(1) "State" shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

(2) "Sending state" shall mean a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to subsection (c) of this section or at the time that a request for custody or availability is initiated pursuant to subsection (d) of this section.

(3) "Receiving state" shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to subsections (c) and (d) of this section.

(c) (1) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred eighty (180) days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint; provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.

(2) The written notice and request for final disposition referred to in paragraph (1) of this subsection shall be given or sent by the prisoner to the warden, commissioner of corrections or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.

(3) The warden, commissioner of corrections or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information or complaint on which the detainer is based.

(4) Any request for final disposition made by a prisoner pursuant to paragraph (1) of this subsection shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

(5) Any request for final disposition made by a prisoner pursuant to paragraph (1) of this subsection shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (4) of this subsection, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.

(d) (1) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with subsection (e)(1) of this section upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request; and provided further that there shall be a period of thirty (30) days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner.

(2) Upon receipt of the officer's written request as provided in paragraph (1) of this subsection, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

(3) In respect of any proceeding made possible by this paragraph, trial shall be commenced within one hundred twenty (120) days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

(4) Nothing contained in this act shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in paragraph (1) of this subsection, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.

(5) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to subsection (e)(5) of this section, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

(e) (1) In response to a request made under subsections (c) or (d) of this section, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in subsection (c) of this section. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.

(2) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:

(A) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given.

(B) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.

(3) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in subsections (c) or (d) of this section, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.

(4) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one (1) or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.

(5) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.

(6) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.

(7) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.

(8) From the time that a party state receiving custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one (1) or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payments of costs, or responsibilities therefor.

(f) (1) In determining the duration and expiration dates of the time periods provided in subsections (c) and (d) of this section, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.

(2) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.

(g) Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.

(h) This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.

(i) This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the state affected as to all severable matters.

History:

[19-5001, added 1971, ch. 167, sec. 1, p. 790.]
Idaho Code § 19-2922 — Idaho Code / Title 19 / Chapter 29 / Section 19-2922
19-2922 EXONERATION OF BAIL.
Status: in_force

19-2922. exoneration of bail. The court shall order the bail exonerated in the following circumstances:

(1) The defendant has appeared for all court proceedings as ordered and all charges for which the bail has been posted have been resolved by acquittal, dismissal or sentencing;

(2) Written notice of the court's order of forfeiture was not mailed to the person posting bail or his designated agent within five (5) business days of the order of forfeiture;

(3) Written notice of the court's order to set aside the order of forfeiture and reinstating bail was not mailed to the person posting bail or his designated agent within five (5) business days of the order;

(4) Before any order of forfeiture, the defendant has been surrendered or has surrendered himself to the sheriff of the county where the action is pending and the certificate of surrender has been filed with the court as required in section 19-2913, Idaho Code;

(5) The defendant has appeared before the court within one hundred eighty (180) days of the court's order of forfeiture, unless the court has set aside the order of forfeiture and has reinstated bail pursuant to section 19-2916, Idaho Code; provided, that in those cases where the defendant was not returned by the person posting bail to the sheriff of the county where the action is pending, the court may condition the exoneration of bail and the setting aside of the forfeiture on payment by the person posting bail of any costs incurred by state or local authorities arising from the transport of the defendant to the jail facility of the county where the charges are pending. Such costs shall not exceed the amount of the bail posted;

(6) The court has revoked bail and has ordered that the defendant be recommitted.

History:

[19-2922, added 2009, ch. 90, sec. 2, p. 264.]
Idaho Code § 19-5501 — Idaho Code / Title 19 / Chapter 55 / Section 19-5501
19-5501 LEGISLATIVE FINDINGS — STATEMENT OF PURPOSE.
Status: in_force

19-5501. Legislative findings — Statement of purpose. The legislature finds that DNA (deoxyribonucleic acid) identification analysis is a useful law enforcement tool for identifying and prosecuting offenders who have committed serious crimes, as defined in this chapter. The legislature further finds that it is in the best interest of justice and the protection of the public that the collection of DNA samples and thumbprint impressions from qualifying offenders takes place as expeditiously as possible following a conviction or guilty plea and that the duties of those responsible for collection be clearly defined. The purpose of this act is to assist federal, state, and local criminal justice and law enforcement agencies within and outside the state in the detection and prosecution of individuals responsible for such serious crimes, as well as in the exclusion of suspects who are being investigated for such crimes.

History:

[19-5501, added 1997, ch. 120, sec. 1, p. 342; am. 2011, ch. 211, sec. 1, p. 593; am. 2026, ch. 40, sec. 2, p. 169.]
Idaho Code § 19-2316 — Idaho Code / Title 19 / Chapter 23 / Section 19-2316
19-2316 POLLING THE JURY.
Status: in_force

19-2316. Polling the jury. When a verdict is rendered and before it is recorded, the jury may be polled at the request of either party, in which case they must be severally asked whether it is their verdict; and if each juror answer in the affirmative, then the verdict shall be recorded; but if a less number answer in the affirmative, the jury must be sent out for further deliberation.

History:

[(19-2316) Cr. Prac. 1864, sec. 416, p. 262; R.S., sec. 7930; am. 1890-1891, p. 165, sec. 2; reen. 1899, p. 110, sec. 2; reen. R.C. & C.L., sec. 7930; C.S., sec. 9001; I.C.A., sec. 19-2216; am. 1967, ch. 44, sec. 1, p. 85.]
Idaho Code § 19-5516 — Idaho Code / Title 19 / Chapter 55 / Section 19-5516
19-5516 DISPOSAL OF SAMPLES.
Status: in_force

19-5516. Disposal of samples. The bureau of forensic services is authorized to have unused portions of samples or expired samples disposed of in the normal course of business and in an environmentally approved manner as long as such disposal method is designed to protect the identity and origin of samples from disclosure to third persons who are not part of law enforcement.

History:

[19-5516, added 1997, ch. 120, sec. 1, p. 350.]
Idaho Code § 19-1602 — Idaho Code / Title 19 / Chapter 16 / Section 19-1602
19-1602 WAIVER OF OBJECTIONS.
Status: in_force

19-1602. Waiver of objections. If the motion to set aside the indictment is not made the defendant is precluded from afterward taking the objections mentioned in the last section.

History:

[(19-1602) Cr. Prac. 1864, sec. 276, p. 247; R.S., R.C., & C.L., sec. 7731; C.S., sec. 8864; I.C.A., sec. 19-1502.]
Idaho Code § 19-4301B — Idaho Code / Title 19 / Chapter 43 / Section 19-4301B
19-4301B PERFORMANCE OF AUTOPSIES.
Status: in_force

19-4301B. Performance of autopsies. (1) The coroner may, in the performance of his duties under this chapter, summon a forensic pathologist authorized to practice medicine and surgery in the state of Idaho to inspect the body and give a professional opinion as to the cause of death. The coroner or the prosecuting attorney may order a forensic autopsy performed if it is deemed necessary to determine accurately and scientifically the cause of death. Before an autopsy pursuant to this chapter may be performed on the body of any person who at the time of death was under eighteen (18) years of age, the coroner shall provide written notification to the parent or guardian of such minor person that an autopsy has been ordered, a general description of the autopsy to be performed, and a general description of the expected physical appearance of the body after the autopsy; provided that if the parent or guardian of such minor person is not reasonably identifiable or ascertainable, then no such notice is required. When a forensic autopsy has been performed, pursuant to an order of a coroner or a prosecuting attorney, no cause of action shall lie against any person, firm, or corporation for participating in or requesting such autopsy.

(2) As used in this section:

(a) "Cause of death" means a medical opinion of the disease or injury that resulted in a person's death.

(b) "Forensic autopsy" means an internal postmortem examination to discover the cause and manner of death or the extent of disease, authorized by law, and typically performed under the legal jurisdiction of a coroner for criminal justice and public health purposes.

(c) "Forensic pathologist" means a physician who is board-certified in the practice of medicine in which the principles of pathology are applied to problems of potential legal, public health, or public safety significance, including the performance of autopsies to determine the cause of death and assist in determining the manner of death.

History:

[19-4301B, added 1961, ch. 262, sec. 4, p. 459; am. 2025, ch. 96, sec. 2, p. 513.]
Idaho Code § 19-4501 — Idaho Code / Title 19 / Chapter 45 / Section 19-4501
19-4501 DEFINITIONS.
Status: in_force

19-4501. Definitions. Where appearing in this chapter:

(1) The term "executive authority" includes the governor, and any person performing the functions of governor in a state other than this state;

(2) The term "governor" includes any person performing the functions of governor by authority of the law of this state; and

(3) The term "state" refers to a state other than this state, and includes any other state or territory, organized or unorganized, of the United States of America.

History:

[(19-4501) 1927, ch. 29, sec. 1, p. 31; I.C.A., sec. 19-4601; am. 2008, ch. 136, sec. 1, p. 386.]
Idaho Code § 19-2106 — Idaho Code / Title 19 / Chapter 21 / Section 19-2106
19-2106 TRIAL OF JOINT DEFENDANTS.
Status: in_force

19-2106. Trial of joint defendants. When two (2) or more defendants are jointly indicted or informed against for a felony or for any criminal offense, the defendants may be tried separately or jointly, in the discretion of the court.

History:

[19-2106, added 1972, ch. 336, sec. 8, p. 988.]
Idaho Code § 19-5517 — Idaho Code / Title 19 / Chapter 55 / Section 19-5517
19-5517 OPERATION WITH EXISTING LAW — AUTHORITY OF LAW ENFORCEMENT OFFICERS.
Status: in_force

19-5517. Operation with existing law — Authority of law enforcement officers. Nothing in this chapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store and use DNA information or thumbprint impressions for law enforcement purposes.

History:

[19-5517, added 1997, ch. 120, sec. 1, p. 350; am. 1998, ch. 123, sec. 7, p. 460.]
Idaho Code § 19-2104 — Idaho Code / Title 19 / Chapter 21 / Section 19-2104
19-2104 PRESUMPTION OF INNOCENCE — REASONABLE DOUBT.
Status: in_force

19-2104. Presumption of innocence — Reasonable doubt. A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to an acquittal.

History:

[19-2104, added 1972, ch. 336, sec. 8, p. 987.]
Idaho Code § 19-1426 — Idaho Code / Title 19 / Chapter 14 / Section 19-1426
19-1426 INDICTMENT FOR PERJURY.
Status: in_force

19-1426. Indictment for perjury. In an indictment for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the offense was committed, and in what court and before whom the oath alleged to be false was taken, and that the court, or the person before whom it was taken, had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment need not set forth the pleadings, record, or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed.

History:

[(19-1426) Cr. Prac. 1864, sec. 249, p. 244; R.S., R.C., & C.L., sec. 7693; C.S., sec. 8841; I.C.A., sec. 19-1326.]
Idaho Code § 19-2921 — Idaho Code / Title 19 / Chapter 29 / Section 19-2921
19-2921 ORDER OF RECOMMITMENT — READMITTANCE TO BAIL.
Status: in_force

19-2921. order of recommitment — readmittance to bail. 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. If the offense is bailable, the court shall fix bail in a new amount and impose any appropriate conditions of release.

History:

[19-2921, added 2009, ch. 90, sec. 2, p. 264.]
Idaho Code § 19-2118 — Idaho Code / Title 19 / Chapter 21 / Section 19-2118
19-2118 DISCHARGE OF JURY FOR WANT OF JURISDICTION, OR INSUFFICIENCY OF INDICTMENT.
Status: in_force

19-2118. Discharge of jury for want of jurisdiction, or insufficiency of indictment. The court may direct the jury to be discharged where it appears that it has not jurisdiction of the offense, or that the facts charged in the indictment do not constitute an offense punishable by law.

History:

[(19-2118) Cr. Prac. 1864, sec. 367, p. 257; R.S., R.C., & C.L., sec. 7872; C.S., sec. 8958; I.C.A., sec. 19-2018.]
Idaho Code § 19-3701 — Idaho Code / Title 19 / Chapter 37 / Section 19-3701
19-3701 DEFECTIVELY ENTITLED AFFIDAVIT VALID.
Status: in_force

19-3701. Defectively entitled affidavit valid. It is not necessary to entitle an affidavit or deposition in the action, whether taken before or after indictment, or upon an appeal; but if made without a title, or with an erroneous title, it is as valid and effectual for every purpose as if it were duly entitled, if it intelligibly refer to the proceeding, indictment or appeal in which it is made.

History:

[(19-3701) Cr. Prac. 1864, sec. 587, p. 285; R.S., R.C., & C.L., sec. 8234; C.S., sec. 9190; I.C.A., sec. 19-3601.]
Idaho Code § 19-2304 — Idaho Code / Title 19 / Chapter 23 / Section 19-2304
19-2304 GENERAL AND SPECIAL VERDICTS.
Status: in_force

19-2304. General and special verdicts. The jury may render a general verdict, or, when they are in doubt as to the legal effect of the facts proved, they may, except upon an indictment for libel, find a special verdict.

History:

[(19-2304) Cr. Prac. 1864, sec. 404, p. 261; R.S., R.C., & C.L., sec. 7918; C.S., sec. 8989; I.C.A., sec. 19-2204.]
Idaho Code § 19-3012 — Idaho Code / Title 19 / Chapter 30 / Section 19-3012
19-3012 PRODUCTION OF IMPRISONED WITNESS — PROCEDURE.
Status: in_force

19-3012. Production of imprisoned witness — Procedure. When the testimony of a material witness for the people is required in a criminal action before a court of record of this state, and such witness is a prisoner in the state prison or in a county jail, an order for his temporary removal from such prison or jail, and for his production before such court, may be made by the court in which the action is pending, or by a judge thereof; but in case the prison or jail is out of the county in which the application is made, such order can only be made upon the affidavit of the prosecuting attorney or other person on behalf of the people showing that the testimony is material and necessary; and even then the granting of the order is in the discretion of the court or judge. The order must be executed by the sheriff of the county in which it is made, whose duty it is to bring the prisoner before the proper court, to safely keep him, and when he is no longer required as a witness, to return him to the prison or jail whence he was taken. The expense of executing such order must be paid by the county in which the order is made.

History:

[(19-3012) R.S., R.C., & C.L., sec. 8155; C.S., sec. 9139; I.C.A., sec. 19-2911.]
Idaho Code § 19-815 — Idaho Code / Title 19 / Chapter 8 / Section 19-815
19-815 HOLDING DEFENDANT TO ANSWER.
Status: in_force

19-815. Holding defendant to answer. If, after hearing the evidence adduced at the preliminary examination, the magistrate finds that a public offense has been committed, and that there is probable or sufficient cause to believe the defendant guilty thereof, the magistrate shall enter an order holding the defendant to answer to said public offense, which order shall be substantially as follows: "It appearing to me that the offense set forth in the complaint (or any offense, according to the evidence presented at the preliminary examination, stating generally the nature thereof), has been committed, and that there is sufficient cause to believe the within named A.B. guilty thereof, I order that he be held to answer the same."

History:

[(19-815) Cr. Prac. 1864, sec. 160; R.S., R.C., & C.L., sec. 7579; C.S., sec. 8757; I.C.A., sec. 19-715; am. 1969, ch. 467, sec. 9, p. 1339.]
Idaho Code § 19-4413 — Idaho Code / Title 19 / Chapter 44 / Section 19-4413
19-4413 RECEIPT FOR PROPERTY TAKEN.
Status: in_force

19-4413. Receipt for property taken. When the officer takes property under the warrant, he must give a receipt for the property taken (specifying it in detail) to the person from whom it was taken by him, or in whose possession it was found; or, in the absence of any person, he must leave it in the place where he found the property.

History:

[(19-4413) Cr. Prac. 1864, sec. 641, p. 292; R.S., R.C., & C.L., sec. 8402; C.S., sec. 9331; I.C.A., sec. 19-4513.]
Idaho Code § 19-1709 — Idaho Code / Title 19 / Chapter 17 / Section 19-1709
19-1709 RESUBMISSION OF CHARGE.
Status: in_force

19-1709. Resubmission of charge. If the court directs that the case be resubmitted, the same proceedings must be had thereon as when the indictment is set aside on motion.

History:

[(19-1709) Cr. Prac. 1864, sec. 291, p. 248; R.S., R.C., & C.L., sec. 7748; C.S., sec. 8876; I.C.A., sec. 19-1609.]
Idaho Code § 19-2135 — Idaho Code / Title 19 / Chapter 21 / Section 19-2135
19-2135 ABSENCE OF PROSECUTING ATTORNEY — APPOINTMENT OF SUBSTITUTE.
Status: in_force

19-2135. Absence of prosecuting attorney — Appointment of substitute. If the prosecuting attorney fails to attend the trial, the court must appoint some attorney at law to perform the duties of the prosecuting attorney on such trial.

History:

[(19-2135) R.S., R.C., & C.L., sec. 7889; C.S., sec. 8975; I.C.A., sec. 19-2035.]
Idaho Code § 19-3802 — Idaho Code / Title 19 / Chapter 38 / Section 19-3802
19-3802 ORDER FOR DELIVERY.
Status: in_force

19-3802. Order for delivery. On satisfactory proof of the ownership of the property, the magistrate before whom the information is laid, or who examines the charge against the person accused of stealing or embezzling it, must order it to be delivered to the owner, on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property.

History:

[(19-3802) Cr. Prac. 1864, sec. 590, p. 286; R.S., R.C., & C.L., sec. 8239; C.S., sec. 9193; I.C.A., sec. 19-3702.]
Idaho Code § 19-5511 — Idaho Code / Title 19 / Chapter 55 / Section 19-5511
19-5511 COLLECTION AND FORWARDING OF SAMPLES — LIABILITY — USE OF FORCE.
Status: in_force

19-5511. Collection and forwarding of samples — Liability — Use of force. (1) The director of the department of correction or the chief administrative officer of the detention facility, jail, other facility at which the DNA sample and thumbprint impression were collected shall forward the samples and impressions to the bureau of forensic services according to requirements set forth in the bureau of forensic services rules.

(2) The bureau of forensic services shall provide all specimen collection materials, thumbprint cards, mailing tubes, envelopes, labels and instructions for the collection of the samples and thumbprint impressions. The DNA samples and thumbprint impressions shall thereafter be forwarded to the bureau of forensic services for analysis of DNA.

(3) The bureau of forensic services shall adopt rules specifying how DNA samples are to be taken. The right thumbprint impression shall be taken on a form prescribed by the Idaho state police.

(4) No person or governmental agency shall be subject to civil or criminal liability for obtaining DNA samples or obtaining thumbprint impressions absent a showing of reckless disregard for medically accepted practices or a showing of malice.

(5) Duly authorized law enforcement and correction personnel shall employ reasonable force in cases where an individual who is incarcerated refuses or resists submission to procedures for collecting a DNA sample or thumbprint impression authorized by this chapter, and no employee shall be subject to criminal or civil liability for the reasonable use of force absent a showing of malice.

History:

[19-5511, added 1997, ch. 120, sec. 1, p. 347; am. 1998, ch. 123, sec. 5, p. 459; am. 2000, ch. 469, sec. 51, p. 1503.]
Idaho Code § 19-218 — Idaho Code / Title 19 / Chapter 2 / Section 19-218
19-218 EVIDENCE OF BREACH.
Status: in_force

19-218. Evidence of breach. In the action the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evidence of the breach.

History:

[(19-218) Cr. Prac. 1864, sec. 31, 9. 217; R.S., R.C., & C.L., sec. 7392; C.S., sec. 8642; I.C.A., sec. 19-218.]
Idaho Code § 19-1201 — Idaho Code / Title 19 / Chapter 12 / Section 19-1201
19-1201 PRESENTMENT, HOW FOUND.
Status: in_force

19-1201. Presentment, how found. A presentment cannot be found without the concurrence of at least twelve (12) grand jurors. When so found, it must be signed by the foreman.

History:

[(19-1201) Cr. Prac. 1864, sec. 216, p. 239; R.S., R.C., & C.L., sec. 7647; C.S., sec. 8802; I.C.A., sec. 19-1101.]
Idaho Code § 19-2124 — Idaho Code / Title 19 / Chapter 21 / Section 19-2124
19-2124 VIEW OF PREMISES BY JURY.
Status: in_force

19-2124. View of premises by jury. When, in the opinion of the court, it is proper that the jury should view the place in which the offense is charged to have been committed, or in which any other material fact occurred, it may order the jury to be conducted in a body, in the custody of the sheriff, to the place, which must be shown to them by a person appointed by the court for that purpose; and the sheriff must be sworn to suffer no person to speak or communicate with the jury, nor to do so himself, on any subject connected with the trial, and to return them into court without unnecessary delay, or at a specified time.

History:

[(19-2124) Cr. Prac. 1864, secs. 376, 377, p. 258; R.S., R.C., & C.L., sec. 7878; C.S., sec. 8964; I.C.A., sec. 19-2024.]
Idaho Code § 19-4211 — Idaho Code / Title 19 / Chapter 42 / Section 19-4211
19-4211 ISSUANCE OF WRIT OF HABEAS CORPUS.
Status: in_force

19-4211. Issuance of writ of habeas corpus. (1) Any court authorized under section 19-4202, Idaho Code, may grant a writ of habeas corpus pursuant to a petition filed by, or, pursuant to section 19-4207, Idaho Code, on behalf of a person not a prisoner if it finds that the restraint of the person's liberty is illegal.

(2) Any court authorized under section 19-4202, Idaho Code, may grant a writ of habeas corpus and order a hearing pursuant to a petition filed by a prisoner, or, pursuant to section 19-4207, Idaho Code, on behalf of a prisoner when:

(a) The court has considered the factual allegations contained in the petition together with any responsive pleading filed by the respondent, and a reply filed by the prisoner, if any;

(b) The court finds that the petitioner is likely to prevail on the merits of his state or federal constitutional challenge;

(c) The court finds that the petitioner will suffer irreparable injury if some relief is not granted;

(d) The court finds that the balance of potential harm to the petitioner substantially outweighs any legitimate governmental interest; and

(e) The court finds that equity favors granting relief to the petitioner.

(3) Any order granting the writ should issue without delay and a hearing should be scheduled. The court may provide a statement of the issues to be addressed, and whether evidence will be accepted.

(4) If a court issues an order granting the writ and setting the matter for hearing, the court may set the hearing at the state, local or private correctional facility or other appropriate place.

History:

[19-4211, added 1999, ch. 376, sec. 2, p. 1031; am. 2000, ch. 271, sec. 6, p. 782.]
Idaho Code § 19-5203 — Idaho Code / Title 19 / Chapter 52 / Section 19-5203
19-5203 PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM BOARD — CREATION — COMPOSITION — TERMS — RULES — COMPENSATION OF MEMBERS.
Status: in_force

19-5203. Public safety and security information system board — Creation — Composition — Terms — Rules — Compensation of members. (1) There is hereby created within the Idaho state police a public safety and security information system board, to be known as the ILETS board, which shall be composed of five (5) members appointed by the governor.

The members of the information system board shall be composed of the following:

(a) Two (2) incumbent county sheriffs;

(b) Two (2) incumbent city chiefs of police;

(c) One (1) member of the Idaho state police.

(2) The term of office of the first board shall be staggered with the one (1) appointment expiring January 1, 1972; one (1) appointment expiring January 1, 1973; one (1) appointment expiring January 1, 1974; one (1) appointment expiring January 1, 1975; and one (1) appointment expiring January 1, 1976.

Thereafter, the term of office of each chief of police, sheriff and member of the Idaho state police shall be for a term of five (5) years.

The director of the Idaho state police shall be a permanent member of the board.

In the event any chief of police, sheriff or member of the Idaho state police ceases to be such chief of police, sheriff, or member of the Idaho state police his appointment to said board shall terminate and cease immediately and the governor shall appoint a qualified person in such category to fill the unexpired term of such member.

(3) The board shall, upon their appointment, adopt such rules, procedures and methods of operation as may be necessary to establish and put into use the most efficient and economical statewide public safety and security information system and shall publish and distribute said rules and procedures to each participating department, agency or office.

(4) The public safety and security information system board shall have exclusive management control over the entire Idaho public safety and security information system, which includes all hardware, software, electronic switches, peripheral gear, microwave links, and circuitry which make up the system and any access thereto. The term public safety and security information system shall mean the information system established by the director of the Idaho state police pursuant to subsection (1) of section 19-5202, Idaho Code, and shall not apply to any type of voice-oriented transmission whether it be by mobile radio, microwave or telephone.

(5) Salaries and expenses. Members of said board shall be compensated as provided by section 59-509(b), Idaho Code, which expenses shall be paid from moneys appropriated for the funding of this chapter.

The performance of duties under this chapter by a member of the board shall be deemed to be in performance of his duties as an employee of his particular branch of government.

(6) Federal funding, gifts, donations. The director is authorized to apply for and accept federal funds granted by the congress of the United States, or by executive order, all of which must be deposited in the ILETS fund, and which may be expended only after a legislative appropriation. The director may accept gifts and donations from individuals and private organizations or foundations for all or any of the purposes of chapter 52, title 19, Idaho Code.

History:

[19-5203, added 1971, ch. 195, sec. 3, p. 884; am. 1974, ch. 27, sec. 11, p. 811; am. 1980, ch. 247, sec. 4, p. 585; am. 1983, ch. 181, sec. 2, p. 492; am. 1989, ch. 131, sec. 1, p. 285; am. 2000, ch. 469, sec. 42, p. 1496; am. 2005, ch. 115, sec. 5, p. 374.]
Idaho Code § 19-607 — Idaho Code / Title 19 / Chapter 6 / Section 19-607
19-607 WHEN ARREST MAY BE MADE UPON A WARRANT.
Status: in_force

19-607. When arrest may be made upon a warrant. If the offense charged is a felony, the arrest may be made on any day, and at any time of the day or night. If the offense charged is a misdemeanor, the arrest shall not be made inside a person's residence between 8:00 p.m. and 8:00 a.m., unless upon the direction of the magistrate, as endorsed upon the warrant, or where consent was given to enter the residence by a person with real or apparent authority.

History:

[(19-607) Cr. Prac. 1864, sec. 124, p. 228; R.S., R.C., & C.L., sec. 7544; C.S., sec. 8730; I.C.A., sec. 19-607; am. 2002, ch. 132, sec. 1, p. 364.]
Idaho Code § 19-4012 — Idaho Code / Title 19 / Chapter 40 / Section 19-4012
19-4012 ADOPTION OF JUDGMENT.
Status: in_force

19-4012. Adoption of judgment. On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the senate.

History:

[(19-4012) Cr. Prac. 1864, sec. 62, p. 221; R.S., R.C., & C.L., sec. 7436; C.S., sec. 8665; I.C.A., sec. 19-4112.]
Idaho Code § 19-2514 — Idaho Code / Title 19 / Chapter 25 / Section 19-2514
19-2514 PERSISTENT VIOLATOR — SENTENCE ON THIRD CONVICTION FOR FELONY.
Status: in_force

19-2514. Persistent violator — Sentence on third conviction for felony. Any person convicted for the third time of the commission of a felony, whether the previous convictions were had within the state of Idaho or were had outside the state of Idaho, shall be considered a persistent violator of law, and on such third conviction shall be sentenced to a term in the custody of the state board of correction which term shall be for not less than five (5) years and said term may extend to life.

History:

[(19-2514) C.S., sec. 9035A, as added by 1923, ch. 109, sec. 1, p. 139; I.C.A., sec. 19-2414; am. 1970, ch. 143, sec. 2, p. 425.]
Idaho Code § 19-2513 — Idaho Code / Title 19 / Chapter 25 / Section 19-2513
19-2513 UNIFIED SENTENCE.
Status: in_force

19-2513. Unified sentence. (1) Whenever any person is convicted of having committed a felony, the court shall, unless it shall commute the sentence, suspend or withhold judgment and sentence or grant probation, as provided in chapter 26, title 19, Idaho Code, or unless it shall impose the death sentence as provided by law, sentence such offender to the custody of the state board of correction. The court shall specify a minimum period of confinement and may specify a subsequent indeterminate period of custody. The court shall set forth in its judgment and sentence the minimum period of confinement and the subsequent indeterminate period, if any, provided, that the aggregate sentence shall not exceed the maximum provided by law. During a minimum term of confinement, the offender shall not be eligible for parole or discharge or credit or reduction of sentence for good conduct except for meritorious service as provided in section 20-101D, Idaho Code, or for medical parole as provided in section 20-1006, Idaho Code. The offender may be considered for parole or discharge at any time during the indeterminate period of the sentence and as provided in section 20-1006, Idaho Code.

(2) If the offense carries a mandatory minimum penalty as provided by statute, the court shall specify a minimum period of confinement consistent with such statute. If the offense is subject to an enhanced penalty as provided by statute, or if consecutive sentences are imposed for multiple offenses, the court shall, if required by statute, direct that the enhancement or each consecutive sentence contain a minimum period of confinement; in such event, all minimum terms of confinement shall be served before any indeterminate periods commence to run.

(3) Enactment of this amended section shall not affect the prosecution, adjudication or punishment of any felony committed before the effective date of enactment.

History:

[19-2513, added 1909, p. 82, H.B. 214, sec. 1; am. 1911, ch. 200, sec. 1, p. 664; compiled and reen. C.L., sec. 7991a; C.S., sec. 9035; I.C.A., sec. 19-2413; am. 1947, ch. 46, sec. 1, p. 50; am. 1957, ch. 47, sec. 1, p. 82; am. 1970, ch. 143, sec. 1, p. 425; am. 1986, ch. 232, sec. 3, p. 639; am. 1993, ch. 106, sec. 2, p. 272; am. 2014, ch. 150, sec. 19, p. 430; am. 2017, ch. 182, sec. 6, p. 421; am. 2021, ch. 196, sec. 21, p. 536; am. 2024, ch. 164, sec. 1, p. 623.]
Idaho Code § 19-623 — Idaho Code / Title 19 / Chapter 6 / Section 19-623
19-623 PENALTY.
Status: in_force

19-623. Penalty. Any person who shall proceed or travel through a road block without subjecting himself to the traffic control so established shall be guilty of a misdemeanor, and shall be punished by a fine of not more than $300.00, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

History:

[19-623, added 1957, ch. 31, sec. 4, p. 49.]
Idaho Code § 19-4307 — Idaho Code / Title 19 / Chapter 43 / Section 19-4307
19-4307 TRANSMISSION OF TESTIMONY TO MAGISTRATE.
Status: in_force

19-4307. Transmission of testimony to magistrate. If, however, the person charged with the commission of the offense is arrested before the inquisition can be filed, the coroner must deliver the same, with the testimony taken, to the magistrate before whom such person may be brought, who must return the same, with the depositions and statement taken before him, to the office of the clerk of the district court of the county.

History:

[(19-4307) 1863, p. 475, sec. 141; R.S., R.C., & C.L., sec. 8383; C.S., sec. 9315; I.C.A., sec. 19-4407.]
Idaho Code § 19-5103 — Idaho Code / Title 19 / Chapter 51 / Section 19-5103
19-5103 COUNCIL — TERMS OF OFFICE.
Status: in_force

19-5103. Council — Terms of office. Council members not serving by virtue of their office shall be appointed for four (4) year terms initially staggered as specified by the governor.

History:

[19-5103, added 1981, ch. 307, sec. 2, p. 629.]
Idaho Code § 19-3006 — Idaho Code / Title 19 / Chapter 30 / Section 19-3006
19-3006 FORM OF SUBPOENA.
Status: in_force

19-3006. Form of subpoena. A subpoena authorized by section 19-3004, Idaho Code, must be substantially in the following form:

The state of Idaho to A.B.:

You are commanded to appear before C.D., a [district] [magistrate] judge, in…. county (or as the case may be), at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the state of Idaho against E.F.

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

G.H., [District] [Magistrate] Judge, (or "J.K., Prosecuting Attorney," or

"By order of the court, L.M., Clerk," or as the case may be).

If books, papers or documents are required, a direction to the following effect must be contained in the subpoena: "And you are required, also, to bring with you the following" (describing intelligibly the books, papers or documents required).

History:

[(19-3006) Cr. Prac. 1864, secs. 539, 540, p. 279; R.S., R.C., & C.L., sec. 8149; C.S., sec. 9133; I.C.A., sec. 19-2905; am. 2002, ch. 32, sec. 6, p. 49; am. 2012, ch. 20, sec. 9, p. 68.]
Idaho Code § 19-2803 — Idaho Code / Title 19 / Chapter 28 / Section 19-2803
19-2803 RECORD ON APPEAL — ORAL ARGUMENT — EXHIBITS — PRESENTENCE REPORT ON APPEAL.
Status: in_force

19-2803. Record on appeal — Oral argument — Exhibits — Presentence report on appeal. (a) The clerk's record and the reporter's transcript in an appeal of a criminal action to the supreme court shall contain such portions and documents of the proceedings of the district court, and be prepared, processed and transmitted to the supreme court as provided by rule of the supreme court. Argument of a criminal appeal shall be as prescribed by rule of the supreme court, but the defendant shall not have any right to appear at the time of oral argument unless otherwise ordered by the supreme court.

(b) In any case where a presentence report is relevant to any issue on appeal, and is transmitted to the supreme court or the court of appeals for such use, the clerk of the district court shall serve a copy of the report on the attorney general and on appellate counsel for the defendant.

(c) In any case where a documentary exhibit is transmitted to the supreme court or the court of appeals for use in appellate proceedings to which the state or any of its officers is a party in an official capacity, the clerk of the district court shall serve a copy of the exhibit on the attorney general and on appellate counsel for the defendant.

History:

[19-2803, added 1977, ch. 170, sec. 12, p. 439; am. 1986, ch. 124, sec. 1, p. 325; am. 2000, ch. 108, sec. 1, p. 238.]
Idaho Code § 19-3011 — Idaho Code / Title 19 / Chapter 30 / Section 19-3011
19-3011 FORFEITURE OF UNDERTAKING OF WITNESS.
Status: in_force

19-3011. Forfeiture of undertaking of witness. When a witness has entered into an undertaking to appear, upon his failure to do so the undertaking is forfeited in the same manner as undertakings of bail.

History:

[(19-3011) Cr. Prac. 1864, sec. 547, p. 280; R.S., R.C., & C.L., sec. 8154; C.S., sec. 9138; I.C.A., sec. 19-2910.]
Idaho Code § 19-213 — Idaho Code / Title 19 / Chapter 2 / Section 19-213
19-213 COMMITMENT FOR NOT GIVING SECURITY.
Status: in_force

19-213. Commitment for not giving security. If the person complained of is committed for not giving the undertaking required, he may be discharged by any magistrate upon giving the same.

History:

[(19-213) Cr. Prac. 1864, sec. 26, p. 216; R.S., R.C., & C.L., sec. 7387; C.S., sec. 8637; I.C.A., sec. 19-213.]
Idaho Code § 19-2509 — Idaho Code / Title 19 / Chapter 25 / Section 19-2509
19-2509 ARREST OF DEFENDANT.
Status: in_force

19-2509. Arrest of defendant. Whether the bench warrant is served in the county in which it was issued or in another county, the officer must arrest the defendant and bring him before the court or commit him to the officer mentioned in the warrant, according to the command thereof.

History:

[(19-2509) Cr. Prac. 1864, sec. 442, p. 267; R.S., R.C., & C.L., sec. 7988; C.S., sec. 9031; I.C.A., sec. 19-2409.]
Idaho Code § 19-6308 — Idaho Code / Title 19 / Chapter 63 / Section 19-6308
19-6308 FREEDOM OF SPEECH.
Status: in_force

19-6308. freedom of speech. (1) Nothing in this chapter shall be interpreted as restricting or censoring freedom of speech. The provisions of this chapter shall apply only to money made from the publicity of a crime, not to the content of expression itself.

(2) The provisions of this chapter shall be construed narrowly to comply with the first amendment to the constitution of the United States and section 9, article I of the constitution of the state of Idaho.

History:

[19-6308, added 2026, ch. 39, sec. 2, p. 168.]
Idaho Code § 19-821 — Idaho Code / Title 19 / Chapter 8 / Section 19-821
19-821 SECURITY FOR APPEARANCE.
Status: in_force

19-821. Security for appearance. When the magistrate or a judge of the court in which the action is pending is satisfied, by proof on oath, that there is reason to believe that any such witness will not appear and testify unless security is required, he may order the witness to enter into a written undertaking, with sureties, in such sum as he may deem proper, for his appearance as specified in the preceding section.

History:

[(19-821) Cr. Prac. 1864, sec. 167, p. 233; R.S., R.C., & C.L., sec. 7585; C.S., sec. 8763; I.C.A., sec. 19-721.]
Idaho Code § 19-4226 — Idaho Code / Title 19 / Chapter 42 / Section 19-4226
19-4226 SEVERABILITY.
Status: in_force

19-4226. Severability. The provisions of this act are declared to be severable and if any provision of this act or the application of a provision to any person or circumstance is declared invalid for any reason, the declaration shall not affect the validity of the remaining portions of this act.

History:

[19-4226, added 1999, ch. 376, sec. 2, p. 1034.]
Idaho Code § 19-4219 — Idaho Code / Title 19 / Chapter 42 / Section 19-4219
19-4219 IMMEDIATE TERMINATION OF ORDER OR DECREE FOR PROSPECTIVE RELIEF IN CONDITIONS OF CONFINEMENT CASES.
Status: in_force

19-4219. Immediate termination of order or decree for prospective relief in conditions of confinement cases. (1) In any civil action with respect to conditions of confinement, the administrator of the institution, or of the state, local or private correctional facility, or intervenor shall be entitled to the immediate termination of any prospective relief if the relief was approved or granted in the absence of an express finding by the court that the relief:

(a) Is narrowly drawn;

(b) Extends no further than necessary to correct the violation of the constitutional right; and

(c) Is the least intrusive means necessary to correct the violation of the constitutional right.

(2) Prospective relief shall not terminate if the court makes written findings based on the record that the prospective relief:

(a) Remains necessary to correct a current or ongoing violation of the constitutional right;

(b) Extends no further than necessary to correct the violation of the constitutional right;

(c) Is narrowly drawn; and

(d) Is the least intrusive means to correct the violation.

(3) Nothing in this section shall prevent the administrator of the institution, or of the state, local or private correctional facility, or intervenor from seeking modification or termination before the relief is terminable under subsection (1) or (2) of this section to the extent that modification or termination would otherwise be legally permissible.

History:

[19-4219, added 1999, ch. 376, sec. 2, p. 1033; am. 2000, ch. 271, sec. 12, p. 784.]
Idaho Code § 19-4214 — Idaho Code / Title 19 / Chapter 42 / Section 19-4214
19-4214 RELIEF AVAILABLE FOR MISCALCULATION OF SENTENCE.
Status: in_force

19-4214. Relief available for miscalculation of sentence. (1) If, upon findings of fact and conclusions of law, a court finds that an in-state prisoner's sentence has been miscalculated, the court may order the sentence to be recalculated consistent with the court's findings and conclusions.

(2) The court may order the prisoner released under this section only if the prisoner would be entitled to release due to expiration of his sentence correctly calculated.

History:

[19-4214, added 1999, ch. 376, sec. 2, p. 1032; am. 2000, ch. 271, sec. 8, p. 783.]
Idaho Code § 19-2608 — Idaho Code / Title 19 / Chapter 26 / Section 19-2608
19-2608 PAYMENT OF COURT-ORDERED TESTS OF BREATH OR BODILY FLUIDS.
Status: in_force

19-2608. Payment of court-ordered tests of breath or bodily fluids. Whenever a court orders testing of breath or bodily fluids as a condition of probation, such costs for the tests shall be paid for by the probationer in addition to any supervision fee authorized under section 20-225 or 31-3201D, Idaho Code, to the clerk of the court if services are provided by the county or directly to the agency providing the testing, provided the court may waive this requirement upon a showing of cause.

History:

[19-2608, added 1994, ch. 248, sec. 1, p. 792; am. 2012, ch. 109, sec. 1, p. 299; am. 2020, ch. 281, sec. 1, p. 818.]
Idaho Code § 19-2604 — Idaho Code / Title 19 / Chapter 26 / Section 19-2604
19-2604 DISCHARGE OF DEFENDANT — AMENDMENT OF JUDGMENT.
Status: in_force

19-2604. Discharge of defendant — Amendment of judgment.

(1) (a) Application for relief under this subsection may be made by the following persons who have pled guilty to or been found guilty of a crime:

(i) A defendant whose sentence has been suspended or who has received a withheld judgment;

(ii) A defendant in a felony case whose sentence has been commuted under section 19-2601 1., Idaho Code;

(iii) A defendant in a felony case upon whom the court has not imposed a sentence to the custody of the board of correction;

(iv) A defendant who has not been sentenced but who has successfully completed a drug court or mental health court program;

(v) A defendant in a misdemeanor case who has not been sentenced to serve a term in the county jail or whose sentence or any portion thereof has been suspended.

(b) Upon application of the defendant and upon satisfactory showing that:

(i) The court did not find, and the defendant did not admit, in any probation violation proceeding that the defendant violated any of the terms or conditions of any probation that may have been imposed; or

(ii) The defendant has successfully completed and graduated from an authorized drug court program or mental health court program and during any period of probation that may have been served following such graduation, the court did not find, and the defendant did not admit, in any probation violation proceeding that the defendant violated any of the terms or conditions of probation;

the court, if convinced by the showing made that there is no longer cause for continuing the period of probation should the defendant be on probation at the time of the application, and that there is good cause for granting the requested relief, may terminate the sentence or set aside the plea of guilty or conviction of the defendant, and finally dismiss the case and discharge the defendant or may amend the judgment of conviction from a term in the custody of the state board of correction to "confinement in a penal facility" for the number of days served prior to sentencing, and the amended judgment may be deemed to be a misdemeanor conviction. This shall apply to the cases in which defendants have been convicted before this law goes into effect, as well as to cases which arise thereafter. The final dismissal of the case as herein provided shall have the effect of restoring the defendant to his civil rights.

(2) If sentence has been imposed but suspended for any period during the first three hundred sixty-five (365) days of a sentence to the custody of the state board of correction, and the defendant placed upon probation as provided in subsection 4. of section 19-2601 or 19-2601A, Idaho Code, upon application of the defendant, the prosecuting attorney, or upon the court's own motion, and upon satisfactory showing that:

(a) The court did not find, and the defendant did not admit, in any probation violation proceeding that the defendant violated any of the terms or conditions of probation; or

(b) The defendant has successfully completed and graduated from an authorized drug court program or mental health court program and during any period of probation that may have been served following such graduation, the court did not find, and the defendant did not admit, in any probation violation proceeding that the defendant violated any of the terms or conditions of probation;

the court may amend the judgment of conviction from a term in the custody of the state board of correction to "confinement in a penal facility" for the number of days served prior to suspension, and the amended judgment may be deemed to be a misdemeanor conviction.

(3) (a) In addition to the circumstances in which relief from a felony conviction may be granted under subsections (1) and (2) of this section, a defendant who has been convicted of a felony and who has been discharged from probation may apply to the sentencing court for a reduction of the conviction from a felony to a misdemeanor as provided in this subsection.

(b) If less than five (5) years have elapsed since the defendant's discharge from probation, the application may be granted only if the prosecuting attorney stipulates to the reduction.

(c) If at least five (5) years have elapsed since the defendant's discharge from probation, and if the defendant was convicted of any of the following offenses, the application may be granted only if the prosecuting attorney stipulates to the reduction:

(i) Assault with intent to commit a serious felony (18-909, 18-915, Idaho Code);

(ii) Battery with intent to commit a serious felony (18-911, 18-915, Idaho Code);

(iii) Enticing of children (18-1509, Idaho Code);

(iv) Murder in the first or second degree (18-4003, Idaho Code);

(v) Voluntary manslaughter (18-4006(1), Idaho Code);

(vi) Assault with intent to commit murder (18-4015, Idaho Code);

(vii) Administering poison with intent to kill (18-4014, Idaho Code);

(viii) Kidnapping in the first degree (18-4502, Idaho Code);

(ix) Robbery (18-6501, Idaho Code);

(x) Trafficking (37-2732B, Idaho Code);

(xi) Threats against state officials of the executive, legislative or judicial branch, felony (18-1353A, Idaho Code);

(xii) Unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home (18-3317, Idaho Code);

(xiii) Cannibalism (18-5003, Idaho Code);

(xiv) Unlawful use of destructive device or bomb (18-3320, Idaho Code);

(xv) Attempt, conspiracy or solicitation to commit any of the crimes described in subparagraphs (i) through (xiv) of this paragraph.

(d) The decision as to whether to grant such an application shall be in the discretion of the district court, provided that the application may be granted only if the court finds that:

(i) The defendant has not been convicted of any felony committed after the conviction from which relief is sought;

(ii) The defendant is not currently charged with any crime;

(iii) There is good cause for granting the reduction in sentence; and

(iv) In those cases where the stipulation of the prosecuting attorney is required under paragraph (b) or (c) of this subsection, the prosecuting attorney has so stipulated.

(e) If the court grants the application, the court shall reduce the felony conviction to a misdemeanor and amend the judgment of conviction for a term in the custody of the state board of correction to "confinement in a penal facility" for the number of days served prior to the judgment of conviction.

(4) Subsections (2) and (3) of this section shall not apply to any judgment of conviction for a violation of any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code. A judgment of conviction for a violation of any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code, shall not be subject to dismissal or reduction under this section. A conviction for the purposes of this chapter means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment or withheld judgment.

(5) A violation of the terms of an agreement of supervision with the board of correction by a person under the supervision of the board shall not preclude the granting of relief to that person under this section.

History:

[19-2604, added 1915, ch. 104, part of sec. 1, p. 245; reen. C.L., sec. 8002; am. 1919, ch. 134, sec. 2, p. 429; C.S., sec. 9046; I.C.A., sec. 19-2506; am. 1951, ch. 99, sec. 1, p. 224; am. 1970, ch. 143, sec. 4, p. 425; am. 1971, ch. 97, sec. 2, p. 210; am. 1989, ch. 305, sec. 1, p. 759; am. 2006, ch. 104, sec. 1, p. 287; am. 2006, ch. 157, sec. 1, p. 473; am. 2010, ch. 350, sec. 2, p. 914; am. 2011, ch. 187, sec. 1, p. 537; am. 2013, ch. 256, sec. 1, p. 631; am. 2014, ch. 283, sec. 1, p. 717; am. 2015, ch. 113, sec. 4, p. 284; am. 2017, ch. 172, sec. 1, p. 398.]
Idaho Code § 19-1105 — Idaho Code / Title 19 / Chapter 11 / Section 19-1105
19-1105 EVIDENCE RECEIVABLE BY GRAND JURY.
Status: in_force

19-1105. Evidence receivable by grand jury. In the investigation of a charge for the purpose of either presentment or indictment, the grand jury can receive any evidence that is given by witnesses produced and sworn before them except as hereinafter provided, furnished by legal documentary evidence, the deposition of a witness in the cases provided by this code or legally admissible hearsay. No witness whose testimony has been taken and reduced to writing on a preliminary examination must be subpoenaed or required to appear before the grand jury, until such testimony has been first submitted to and considered by the grand jury, but if such testimony has been lost or cannot be found, or if the grand jury after considering the same still desires the presence of any such witnesses, they may be subpoenaed.

History:

[(19-1105) Cr. Prac. 1864, secs. 205, 206, p. 237; R.S., R.C., & C.L., sec. 7634; C.S., sec. 8793; I.C.A., sec. 19-1005; am. 1989, ch. 49, sec. 1, p. 62.]
Idaho Code § 19-3501 — Idaho Code / Title 19 / Chapter 35 / Section 19-3501
19-3501 WHEN ACTION MAY BE DISMISSED.
Status: in_force

19-3501. When action may be dismissed. The court, unless good cause to the contrary is shown, must order the prosecution or indictment to be dismissed, in the following cases:

(1) When a person has been held to answer for a public offense, if an indictment or information is not found against him and filed with the court within six (6) months from the date of his arrest.

(2) If a defendant, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the information is filed with the court.

(3) If a defendant, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the defendant was arraigned before the court in which the indictment is found.

(4) If a defendant, charged with a misdemeanor offense, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the defendant enters a plea of not guilty with the court.

(5) If a defendant, charged with both a felony or multiple felonies and a misdemeanor or multiple misdemeanors together in the same action or charging document, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the information is filed with the court.

(6) If a defendant, charged with both a felony or multiple felonies and a misdemeanor or multiple misdemeanors together in the same action or charging document, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the defendant was arraigned before the court in which the indictment is found.

History:

[(19-3501) Cr. Prac. 1864, secs. 580, 581, p. 284; R.S., R.C., & C.L., sec. 8212; C.S., sec. 9176; I.C.A., sec. 19-3401; am. 1980, ch. 102, sec. 1, p. 226; am. 1984, ch. 51, sec. 1, p. 92; am. 2001, ch. 23, sec. 1, p. 29; am. 2004, ch. 305, sec. 1, p. 855.]
Idaho Code § 19-1108 — Idaho Code / Title 19 / Chapter 11 / Section 19-1108
19-1108 DUTY OF JUROR HAVING KNOWLEDGE OF OFFENSE.
Status: in_force

19-1108. Duty of juror having knowledge of offense. If a member of a grand jury knows, or has reason to believe, that a public offense, triable within the county, has been committed, he must declare the same to his fellow jurors, who must thereupon investigate the same.

History:

[(19-1108) Cr. Prac. 1864, sec. 209, p. 238; R.S., R.C., & C.L., sec. 7637; C.S., sec. 8796; I.C.A., sec. 19-1008.]
Idaho Code § 19-505 — Idaho Code / Title 19 / Chapter 5 / Section 19-505
19-505 CONTENTS OF COMPLAINT.
Status: in_force

19-505. Contents of complaint. The complaint must set forth the facts stated by the complaining witness, tending to establish the commission of the public offense and the guilt of the defendant.

History:

[(19-505) Cr. Prac. 1864, sec. 103, p. 226; R.S., R.C., & C.L., sec. 7517; C.S., sec. 8710; I.C.A., sec. 19-505; am. 1969, ch. 79, sec. 3, p. 230.]
Idaho Code § 19-1119 — Idaho Code / Title 19 / Chapter 11 / Section 19-1119
19-1119 SPECIAL INQUIRY JUDGE — DIRECTION TO PROSECUTING ATTORNEY TO PARTICIPATE IN PROCEEDINGS IN ANOTHER COUNTY — PROCEDURE.
Status: in_force

19-1119. Special inquiry judge — Direction to prosecuting attorney to participate in proceedings in another county — Procedure. Upon petition of a prosecuting attorney to the special inquiry judge that there is reason to suspect that there exists evidence of crime and corruption in another county, and with the concurrence of the special inquiry judge and prosecuting attorney of the other county, the special inquiry judge shall direct the prosecuting attorney of the initiating county to attend and participate in special inquiry judge proceedings in the other county held to inquire into crime and corruption which relates to crime or corruption under investigation in the initiating county. The proceedings of such special inquiry judge may be transcribed, certified and filed in the county of the initiating prosecuting attorney's jurisdiction at the expense of that county.

History:

[19-1119, added 1980, ch. 251, sec. 4, p. 662.]
Idaho Code § 19-4304 — Idaho Code / Title 19 / Chapter 43 / Section 19-4304
19-4304 COMPELLING ATTENDANCE OF WITNESSES.
Status: in_force

19-4304. Compelling attendance of witnesses. A witness served with a subpoena may be compelled to attend and testify, or punished by the coroner for disobedience, in like manner as upon a subpoena issued by a magistrate judge.

History:

[(19-4304) 1863, p. 475, sec. 138; R.S., R.C., & C.L., sec. 8380; C.S., sec. 9312; I.C.A., sec. 19-4404; am. 2012, ch. 20, sec. 14, p. 69.]
Idaho Code § 19-5202 — Idaho Code / Title 19 / Chapter 52 / Section 19-5202
19-5202 ESTABLISHMENT OF INFORMATION SYSTEM — USE — ACCESS CHARGE — INTERSTATE CONNECTION.
Status: in_force

19-5202. Establishment of information system — Use — Access charge — Interstate connection. (1) Establishment of information system. The director of the Idaho state police shall establish a public safety and security information system, known as "ILETS," which will interconnect the criminal justice agencies of this state and its political subdivisions and all agencies engaged in the promotion of highway safety into a unified information system. The director is authorized to lease such transmitting and receiving facilities and equipment as may be necessary to establish and maintain such a system.

(2) Use of information system. The public safety and security information system, known as "ILETS," shall be used exclusively for the law enforcement and criminal justice business of the state of Idaho and all the political subdivisions thereof, including all agencies engaged in the promotion of traffic safety.

(3) Judiciary and traffic safety. Nothing in this chapter shall prohibit the use of or participation in the information system herein provided by the judicial branch of the state government or by any other department, agency or branch of state or local government engaged in traffic safety.

(4) Access. The quarterly access fee to be charged each department or agency participating in the information system shall be set by the public safety and security information board, known as the "ILETS board," and in setting such fee the board shall take into consideration the usage of said system by each participant. There is hereby created the public safety and security information fund, to be known as the ILETS fund. All access fees collected under the provisions of this chapter shall be paid into the fund.

(5) Interstate connection. The public safety and security information system provided for herein is hereby authorized to connect and participate with information systems of other states and provinces of Canada.

History:

[19-5202, added 1971, ch. 195, sec. 2, p. 884; am. 1974, ch. 27, sec. 10, p. 811; am. 1983, ch. 181, sec. 1, p. 492; am. 2000, ch. 469, sec. 41, p. 1496; am. 2005, ch. 115, sec. 4, p. 373.]
Idaho Code § 19-6018 — Idaho Code / Title 19 / Chapter 60 / Section 19-6018
19-6018 PROVISIONS NOT EXCLUSIVE.
Status: in_force

19-6018. Provisions not exclusive. The protections provided by this chapter do not exclude any protection or sanction that the law otherwise provides.

History:

[(19-6018) 19-866, added 1967, ch. 181, sec. 17, p. 599; am. and redesig. 2023, ch. 220, sec. 14, p. 673.]
Idaho Code § 19-4415 — Idaho Code / Title 19 / Chapter 44 / Section 19-4415
19-4415 RETURN OF WARRANT.
Status: in_force

19-4415. Return of warrant. The officer must forthwith return the warrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they are present, verified by the affidavit of the officer at the foot of the inventory, and taken before the magistrate at the time, to the following effect: "I, R.S., the officer by whom this warrant was executed do swear that the above inventory contains a true and detailed account of all the property taken by me on the warrant."

History:

[(19-4415) Cr. Prac. 1864, sec. 643, p. 292; R.S., R.C., & C.L., sec. 8404; C.S., sec. 9333; I.C.A., sec. 19-4515.]
Idaho Code § 19-1812 — Idaho Code / Title 19 / Chapter 18 / Section 19-1812
19-1812 REMOVAL ON APPLICATION OF STATE — REMOVAL OF DEFENDANT.
Status: in_force

19-1812. Removal on application of state — Removal of defendant. If the defendant is in custody, the order must direct his removal, and he must be forthwith removed by the sheriff of the county where he is imprisoned to the custody of the sheriff of the county to which the action is removed.

History:

[(19-1812) 1907, p. 168, sec. 5; reen. R.C. & C.L., sec. 7779; C.S., sec. 8899; I.C.A., sec. 19-1712.]
Idaho Code § 19-1704 — Idaho Code / Title 19 / Chapter 17 / Section 19-1704
19-1704 FORM OF DEMURRER.
Status: in_force

19-1704. Form of demurrer. The demurrer must be in writing, signed either by the defendant or his counsel, and filed. It must distinctly specify the grounds of objection to the indictment, or it must be disregarded.

History:

[(19-1704) Cr. Prac. 1864, sec. 286, p. 248; R.S., R.C., & C.L., sec. 7743; C.S., sec. 8871; I.C.A., sec. 19-1604.]
Idaho Code § 19-804 — Idaho Code / Title 19 / Chapter 8 / Section 19-804
19-804 PRELIMINARY EXAMINATION.
Status: in_force

19-804. Preliminary examination. The magistrate shall conduct a preliminary examination unless the same is waived by the defendant. At such preliminary examination, the magistrate shall first read the complaint to the defendant unless the defendant waives such reading, and it shall be the duty of the magistrate at such examination to determine whether or not a public offense has been committed and whether or not there is probable or sufficient cause to believe that the defendant committed such public offense. Once commenced, the examination must be completed at one (1) session unless the magistrate for good cause shown by court order postpones it, or unless the parties stipulate in writing or upon the court record to a continuance to a date certain. If the defendant is incarcerated, the postponement or continuance cannot be for more than six (6) days or, if the defendant is not incarcerated, for more than twenty (20) days, unless on motion by or with the consent of the defendant the court orders a longer continuance or postponement.

History:

[(19-804) Cr. Prac. 1864, sec. 146, p. 230; R.S., R.C., & C.L., sec. 7568; C.S., sec. 8746; I.C.A., sec. 19-704; am. 1969, ch. 467, sec. 1, p. 1339; am. 1976, ch. 282, sec. 1, p. 967.]
Idaho Code § 19-3608 — Idaho Code / Title 19 / Chapter 36 / Section 19-3608
19-3608 COLLECTION OF FINE.
Status: in_force

19-3608. Collection of fine. When a fine is imposed upon a corporation on conviction, it may be collected by virtue of the order imposing it by the sheriff of the county, out of its real and personal property, in the same manner as upon an execution in a civil action.

History:

[(19-3608) 1874, p. 363, sec. 590; R.S., R.C., & C.L., sec. 8229; C.S., sec. 9189; I.C.A., sec. 19-3508.]
Idaho Code § 19-3923 — Idaho Code / Title 19 / Chapter 39 / Section 19-3923
19-3923 ACQUITTAL — COSTS OF MALICIOUS PROSECUTION.
Status: in_force

19-3923. Acquittal — Costs of malicious prosecution. When the defendant is acquitted, either by the court or by the jury, he must be immediately discharged; and if the court certify in the minutes that the prosecution was malicious or without probable cause, it may order the prosecutor to pay the costs of the action, or to give satisfactory security by a written undertaking, with one (1) or more sureties, to pay the same within thirty (30) days after the trial.

History:

[(19-3923) Cr. Prac. 1864, sec. 614, p. 289; R.S., R.C., & C.L., sec. 8301; C.S., sec. 9249; I.C.A., sec. 19-4023.]
Idaho Code § 19-3912 — Idaho Code / Title 19 / Chapter 39 / Section 19-3912
19-3912 CHALLENGE TO JURORS.
Status: in_force

19-3912. Challenge to jurors. The same challenges may be taken by either party to the panel of jurors, or to any individual juror, for cause, as on the trial of an indictment for a misdemeanor; but the challenges must in all cases be tried by the court; the defendant is entitled to four (4) peremptory challenges and the prosecution to four (4).

History:

[(19-3912) 1874, p. 363, secs. 605, 607; R.S., R.C., & C.L., sec. 8290; C.S., sec. 9238; am. 1929, ch. 33, sec. 1, p. 36; I.C.A., sec. 19-4012.]
Idaho Code § 19-3005 — Idaho Code / Title 19 / Chapter 30 / Section 19-3005
19-3005 UNIFORM ACT TO SECURE ATTENDANCE OF WITNESSES.
Status: in_force

19-3005. Uniform act to secure attendance of witnesses. (1) Subpoenaing a Witness in This State to Testify in Another State. If a judge of a court of record in any state, which by its laws has made provisions for commanding persons within that state to attend and testify in criminal hearings or prosecutions in this state, certifies under the seal of such court that there is a criminal prosecution pending in such court that a person being within this state is a material witness in such prosecution, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing and shall notify the witness of such time and place.

If at the hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution in the other state, and that the laws of the state in which the prosecution is pending and of any other state through which the witness may be required to pass by ordinary course of travel, will give to him protection from arrest and the service of civil and criminal process he shall issue a subpoena, with a copy of the certificate attached, directing the witness to attend and testify in the court where the hearing or prosecution is pending at a time and place specified in the subpoena.

If the witness, who is subpoenaed as above provided, after being tendered by some properly authorized person a prepaid, round trip airline ticket or, in the event that there is no regularly scheduled airline service available, a prepaid round trip ticket on any common carrier providing passenger transportation services to and from the court where the hearing or prosecution is pending and five dollars ($5.00) for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the subpoena, he may be punished in the manner provided for the punishment of any witness who disobeys a subpoena issued from a court of record in this state.

(2) Witness From Another State Subpoenaed to Testify in This State. If a person in any state, which by its laws has made provisions for commanding persons within its borders to attend and testify in criminal hearings or prosecutions in this state, is a material witness in a hearing or prosecution pending in a court of record in this state, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required at such hearing or prosecution. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.

If the witness is subpoenaed to attend and testify in the criminal hearing or prosecution in this state he shall be tendered the sum of fifteen cents (15¢) a mile for each mile by the ordinarily traveled route, one (1) way, to and from the court where the hearing or prosecution is pending and five dollars ($5.00) for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the subpoena shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless such extended period of time is obtained by the written consent of such witness.

(3) Have Exemption From Arrest and Service of Process. If a person comes into this state in obedience to a subpoena directing him to attend and testify in a criminal hearing or prosecution in this state, he will not while in this state, pursuant to such subpoena, be subjected to arrest or the service of process, civil or criminal, in connection with any matter which arose before his entrance into this state under such subpoena.

If a person passes through this state while going to another state in obedience to a subpoena to attend and testify in a criminal hearing or prosecution in that state or while returning therefrom, he shall not while so passing through this state be subjected to arrest or the service of process, civil or criminal, in connection with any matter which arose before his entrance into this state under such subpoena.

(4) Uniformity of Interpretation. This section shall be interpreted and construed so as to effectuate its general purpose to make uniform the law of the states which enact it.

(5) Short Title. This section may be cited as "Uniform Act to Secure the Attendance of Witnesses in Criminal Cases."

History:

[(19-3005) I.C.A., sec. 19-2904-A as added by 1935, ch. 10, sec. 2, p. 24; am. 1990, ch. 386, sec. 1, p. 1063.]
Idaho Code § 19-1117 — Idaho Code / Title 19 / Chapter 11 / Section 19-1117
19-1117 SPECIAL INQUIRY JUDGE — PETITION FOR ORDER.
Status: in_force

19-1117. Special inquiry judge — Petition for order. (1) When the prosecuting attorney of any county has reason to suspect crime or corruption, within his jurisdiction, and there is reason to suspect that there are persons who may be able to give material testimony or provide material evidence concerning such suspected crime or corruption, such attorney may issue subpoenas directed to such persons commanding them to appear at a designated time and place in said county before the special inquiry judge and to then and there answer such questions under oath concerning the suspected crime or corruption as may be asked by the prosecuting attorney or special inquiry judge.

(2) At any time after service of such subpoenas and before the return date thereof, the prosecuting attorney may apply to the special inquiry judge for an order vacating or modifying the subpoena on the grounds that such is in the public interest. Upon such application, the court may in its discretion vacate the subpoena, extend its return date, attach reasonable conditions to directions, or make such other qualification thereof as is appropriate.

(3) The proceedings to summon a person and compel him to testify or provide evidence shall as far as possible be the same as proceedings to summon witnesses and compel their attendance. Such persons shall receive only those fees paid witnesses in district court criminal trials.

History:

[19-1117, added 1980, ch. 251, sec. 2, p. 661.]
Idaho Code § 19-2508 — Idaho Code / Title 19 / Chapter 25 / Section 19-2508
19-2508 SERVICE OF WARRANT.
Status: in_force

19-2508. Service of warrant. The bench warrant may be served in any county in the same manner as a warrant of arrest, and when served in another county it need not be endorsed by a magistrate of that county.

History:

[(19-2508) Cr. Prac. 1864, sec. 441, p. 266; R.S., R.C., & C.L., sec. 7987; C.S., sec. 9030; I.C.A., sec. 19-2408.]
Idaho Code § 19-1013 — Idaho Code / Title 19 / Chapter 10 / Section 19-1013
19-1013 CHARGE TO JURY.
Status: in_force

19-1013. Charge to jury. The grand jury being impaneled and sworn, must be charged by the court. In doing so, the court must give them such information as it may deem proper, or as is required by law, as to their duties, and as to any charges for public offenses returned to the court or likely to come before the grand jury.

History:

[(19-1013) Cr. Prac. 1864, sec. 189, p. 236; R.S., R.C., & C.L., sec. 7619; C.S., sec. 8783; I.C.A., sec. 19-913.]
Idaho Code § 19-2504 — Idaho Code / Title 19 / Chapter 25 / Section 19-2504
19-2504 DEFENDANT TO BE BROUGHT BEFORE COURT.
Status: in_force

19-2504. Defendant to be brought before court. When the defendant is in custody the court may direct the officer in whose custody he is to bring him before it for judgment, and the officer must do so.

History:

[(19-2504) Cr. Prac. 1864, sec. 437, p. 266; R.S., R.C., & C.L., sec. 7983; C.S., sec. 9026; I.C.A., sec. 19-2404.]
Idaho Code § 19-4010 — Idaho Code / Title 19 / Chapter 40 / Section 19-4010
19-4010 VOTE NECESSARY FOR CONVICTION.
Status: in_force

19-4010. Vote necessary for conviction. The defendant cannot be convicted on an impeachment without the concurrence of two-thirds (2/3) of the members elected, voting by ayes and noes, and if two-thirds (2/3) of the members elected do not concur in a conviction, he must be acquitted.

History:

[(19-4010) Cr. Prac. 1864, sec. 60, p. 220; R.S., sec. 7434; am. R.C., & C.L., sec. 7434; C.S., sec. 8663; I.C.A., sec. 19-4110.]
Idaho Code § 19-1104 — Idaho Code / Title 19 / Chapter 11 / Section 19-1104
19-1104 FOREMAN MAY ADMINISTER OATHS.
Status: in_force

19-1104. Foreman may administer oaths. The foreman may administer an oath to any witness appearing before the grand jury.

History:

[(19-1104) Cr. Prac. 1864, sec. 204, p. 237; R.S., R.C., & C.L., sec. 7633; C.S., sec. 8792; I.C.A., sec. 19-1004.]
Idaho Code § 19-1809 — Idaho Code / Title 19 / Chapter 18 / Section 19-1809
19-1809 REMOVAL ON APPLICATION OF STATE — FORM OF APPLICATION.
Status: in_force

19-1809. Removal on application of state — Form of application. Such application must be made in open court and in writing, verified by the affidavit of the relator, a copy of which must be served upon the defendant or his attorney at least one (1) day before the application is made.

History:

[(19-1809) 1907, p. 168, sec. 2; reen. R.C. & C.L., sec. 7776; C.S., sec. 8896; I.C.A., sec. 19-1709.]
Idaho Code § 19-2305 — Idaho Code / Title 19 / Chapter 23 / Section 19-2305
19-2305 FORMS OF GENERAL VERDICT.
Status: in_force

19-2305. Forms of general verdict. A general verdict upon a plea of not guilty is either "guilty" or "not guilty," which imports a conviction or acquittal of the offense charged in the indictment.

History:

[(19-2305) Cr. Prac. 1864, sec. 405, p. 261; 1875, p. 421, sec. 403; R.S., R.C., & C.L., sec. 7919; C.S., sec. 8990; I.C.A., sec. 19-2205; am. 1982, ch. 368, sec. 8, p. 924.]
Idaho Code § 19-3508 — Idaho Code / Title 19 / Chapter 35 / Section 19-3508
19-3508 ELIGIBILITY FOR DIVERSION PROGRAM.
Status: in_force

19-3508. eligibility for diversion program. A person is eligible to participate in a diversion program if:

(1) The person has been charged with driving under the influence pursuant to section 18-8004 or 18-8004A, Idaho Code;

(2) At the time of the conduct underlying such charge, the person:

(a) Did not hold a commercial driver's license or commercial learner's permit; or

(b) Was not operating a commercial vehicle;

(3) No other person is alleged to have been physically injured as a result of the conduct underlying such charge; and

(4) The person charged has not been convicted of driving under the influence or a substantially conforming foreign criminal violation within the past ten (10) years and has not previously participated in a diversion program pursuant to section 19-3509, Idaho Code.

History:

[19-3508, added 2019, ch. 305, sec. 8, p. 912; am. 2020, ch. 212, sec. 1, p. 620.]
Idaho Code § 19-2918 — Idaho Code / Title 19 / Chapter 29 / Section 19-2918
19-2918 REMITTANCE OF FORFEITURE — PAYMENT OF BAIL.
Status: in_force

19-2918. REMITTANCE OF FORFEITURE — PAYMENT OF BAIL. (1) The person posting bail shall pay to the clerk of the court the amount of bail ordered within five (5) business days after the expiration of the one hundred eighty (180) day period following the order of forfeiture of bail unless:

(a) The order of forfeiture has been set aside by the court;

(b) The bail has been exonerated by the court; or

(c) A motion to set aside the order of forfeiture or a motion to exonerate bail has been timely filed, together with a request for hearing, and has not been decided by the court. If the motion is decided and denied by the court more than one hundred eighty (180) days after the order of forfeiture, then the person posting bail shall pay the amount of bail to the clerk of the court within five (5) business days after the entry of the court's order denying the motion. A timely filed notice of appeal and motion to stay the forfeiture stays the obligation to remit payment until five (5) business days after the entry of the court's order denying the motion to stay or, in the event such motion is granted, five (5) business days following the final determination of the appeal.

(2) If cash is deposited in lieu of bail, the clerk of the court shall pay the cash deposit to the county treasurer. If the person posting a bail bond or property bond that has been forfeited does not pay the amount of bail within the time provided in this section, then the order of forfeiture shall become a judgment against the person posting the bail bond or property bond.

(3) After the notice required by section 19-2915, Idaho Code, in the event that a surety insurance company fails to pay the amount of any bail forfeited within the time required by this section, the administrative district judge may order the sheriffs and clerks of all counties in the judicial district not to accept the posting of any new bail bonds from such company until the amount of bail forfeited has been paid. An administrative district judge in another district may also order the sheriffs and clerks of all counties in his district not to accept the posting of any new bail bonds from such company until the amount of bail forfeited has been paid.

(4) If the administrative district judge has reasonable cause to believe that a bail agent has committed any of the actions that could form the basis for a suspension of the bail agent's license pursuant to section 41-1039(3), Idaho Code, the court shall immediately refer the matter to the director of the department of insurance for appropriate disciplinary action pursuant to sections 41-1016 and 41-1039, Idaho Code, and may enter an order that the sheriffs and clerks of all counties in the judicial district shall not accept bail bonds submitted by that bail agent until the director has rendered a decision as to whether to suspend the bail agent's license pursuant to section 41-1039(3), Idaho Code. The director shall immediately notify all judicial district trial court administrators of such decision.

History:

[19-2918, added 2009, ch. 90, sec. 2, p. 263; am. 2010, ch. 86, sec. 6, p. 167; am. 2013, ch. 36, sec. 2, p. 78.]
Idaho Code § 19-608 — Idaho Code / Title 19 / Chapter 6 / Section 19-608
19-608 INFORMATION TO PERSON ARRESTED.
Status: in_force

19-608. Information to person arrested. The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except when the person to be arrested is actually engaged in the commission of, or an attempt to commit, an offense, or is pursued immediately after its commission, or after an escape.

History:

[(19-608) Cr. Prac. 1864, sec. 134, p. 229; R.S., R.C., & C.L., sec. 7545; C.S., sec. 8731; I.C.A., sec. 19-608.]
Idaho Code § 19-3003 — Idaho Code / Title 19 / Chapter 30 / Section 19-3003
19-3003 DEFENDANT NOT OBLIGED TO TESTIFY.
Status: in_force

19-3003. Defendant not obliged to testify. A defendant in a criminal action or proceeding to which he is a party, is not, without his consent, a competent witness for or against himself. His neglect or refusal to give such consent shall not in any manner prejudice him nor be used against him on the trial or proceeding.

History:

[(19-3003) Cr. Prac. 1864, sec. 12, p. 214; R.S., R.C., & C.L., sec. 8143; C.S., sec. 9131; I.C.A., sec. 19-2903.]
Idaho Code § 19-1510 — Idaho Code / Title 19 / Chapter 15 / Section 19-1510
19-1510 INCREASING BAIL.
Status: in_force

19-1510. Increasing bail. When the indictment is for a felony and the defendant, before the finding thereof, has given bail for his appearance to answer the charge, the court to which the indictment is presented may order the defendant to be committed to actual custody, unless he gives bail in an increased amount, to be specified in the order.

History:

[(19-1510) Cr. Prac. 1864, sec. 265, p. 245; R.S., R.C., & C.L., sec. 7719; C.S., sec. 8856; I.C.A., sec. 19-1410.]
Idaho Code § 19-2910 — Idaho Code / Title 19 / Chapter 29 / Section 19-2910
19-2910 SUBSTITUTION OF SUFFICIENT SURETIES.
Status: in_force

19-2910. substitution of sufficient sureties. At any time before an order of forfeiture, the court may allow the defendant to substitute any type of surety identified in section 19-2907, Idaho Code, for the previously posted surety. Upon substitution, the previously posted surety shall be exonerated.

History:

[19-2910, added 2009, ch. 90, sec. 2, p. 262.]
Idaho Code § 19-4702 — Idaho Code / Title 19 / Chapter 47 / Section 19-4702
19-4702 DISPOSITION OF OTHER FUNDS.
Status: in_force

19-4702. Disposition of other funds. Whenever any money shall be or shall come into the possession of any clerk of court, or other public officer authorized to receive the same, and no fund is specified by law into which such money shall be paid, or purpose to which the same shall be applied, the officer in possession of, or who may come into the possession of any money in such cases, shall pay the same to the state treasurer, who shall add the same to the permanent school fund, and such money shall thereafter be and remain a part of said fund.

History:

[(19-4702) 1913, ch. 70, sec. 1, p. 307; reen. C.L., sec. 8440a; C.S., sec. 9352; I.C.A., sec. 19-4802.]
Idaho Code § 19-3909 — Idaho Code / Title 19 / Chapter 39 / Section 19-3909
19-3909 POSTPONEMENT OF TRIAL.
Status: in_force

19-3909. Postponement of trial. Before the commencement of a trial in any of the courts mentioned in this chapter, either party may, upon good cause shown, have a reasonable postponement thereof.

History:

[(19-3909) 1874, p. 363, sec. 602; R.S., R.C., & C.L., sec. 8287; C.S., sec. 9235; I.C.A., sec. 19-4009.]
Idaho Code § 19-5703 — Idaho Code / Title 19 / Chapter 57 / Section 19-5703
19-5703 ADDRESS CONFIDENTIALITY PROGRAM — APPLICATION — CERTIFICATION.
Status: in_force

19-5703. Address confidentiality program — Application — Certification. [effective until January 1, 2027] (1) An adult person, a parent or a guardian acting on behalf of a minor, or a guardian appointed pursuant to section 15-5-304, Idaho Code, acting on behalf of an incapacitated person, may apply to the secretary of state to have an address designated by the secretary of state serve as the person's address or the address of the minor or incapacitated person. The secretary of state shall approve an application if it is filed in the manner and on the form prescribed by the secretary of state and if it contains:

(a) A sworn statement by the applicant that the applicant has good reason to believe:

(i) That the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, stalking, rape or malicious harassment, or any other crime listed in section 19-5701, Idaho Code; and

(ii) That the applicant fears for his or her safety or his or her children's safety, or the safety of the minor or incapacitated person on whose behalf the application is made;

(b) A designation of the secretary of state as agent for purposes of service of process and for the purpose of receipt of mail;

(c) The mailing address where the applicant can be contacted by the secretary of state, and the telephone number or numbers where the applicant can be called by the secretary of state; and

(d) The address or addresses that the applicant requests not be disclosed.

(2) If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault or human trafficking, the application must be accompanied by evidence including, but not limited to, any of the following:

(a) Police, court, or other government agency records or files;

(b) Documentation from a domestic violence or sexual assault program or facility if the person is alleged to be a victim of domestic violence, sexual assault or human trafficking;

(c) Documentation from a legal, clerical, medical or other professional from whom the applicant or person on whose behalf the application is made has sought assistance in dealing with the alleged domestic violence, sexual assault or human trafficking; and

(d) A certified copy of a no contact order or a temporary or permanent civil protection order.

(3) If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of stalking or malicious harassment, the application must be accompanied by evidence including, but not limited to, any of the following:

(a) Police, court or other government agency records or files;

(b) Documentation from a legal, clerical, medical or other professional from whom the applicant or person on whose behalf the application is made has sought assistance in dealing with the alleged stalking or malicious harassment; and

(c) A certified copy of a no contact order or a temporary or permanent civil protection order.

(4) Applications shall be filed with the office of the secretary of state.

(5) Upon filing a properly completed application, the secretary of state shall certify the applicant as a program participant. Applicants shall be certified for four (4) years following the date of filing unless the certification is withdrawn or invalidated before that date. The application may be renewed at the end of four (4) years.

(6) A person who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children, or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, shall be punishable under section 18-5414, Idaho Code, or other applicable statutes.

19-5703. Address confidentiality program — Application — Certification. [effective January 1, 2027] (1) An adult person, a parent or a guardian acting on behalf of a minor, or a guardian appointed pursuant to section 15-5-309, Idaho Code, acting on behalf of an incapacitated person, may apply to the secretary of state to have an address designated by the secretary of state serve as the person's address or the address of the minor or incapacitated person. The secretary of state shall approve an application if it is filed in the manner and on the form prescribed by the secretary of state and if it contains:

(a) A sworn statement by the applicant that the applicant has good reason to believe:

(i) That the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, stalking, rape or malicious harassment, or any other crime listed in section 19-5701, Idaho Code; and

(ii) That the applicant fears for his or her safety or his or her children's safety, or the safety of the minor or incapacitated person on whose behalf the application is made;

(b) A designation of the secretary of state as agent for purposes of service of process and for the purpose of receipt of mail;

(c) The mailing address where the applicant can be contacted by the secretary of state, and the telephone number or numbers where the applicant can be called by the secretary of state; and

(d) The address or addresses that the applicant requests not be disclosed.

(2) If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault or human trafficking, the application must be accompanied by evidence including, but not limited to, any of the following:

(a) Police, court, or other government agency records or files;

(b) Documentation from a domestic violence or sexual assault program or facility if the person is alleged to be a victim of domestic violence, sexual assault or human trafficking;

(c) Documentation from a legal, clerical, medical or other professional from whom the applicant or person on whose behalf the application is made has sought assistance in dealing with the alleged domestic violence, sexual assault or human trafficking; and

(d) A certified copy of a no contact order or a temporary or permanent civil protection order.

(3) If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of stalking or malicious harassment, the application must be accompanied by evidence including, but not limited to, any of the following:

(a) Police, court or other government agency records or files;

(b) Documentation from a legal, clerical, medical or other professional from whom the applicant or person on whose behalf the application is made has sought assistance in dealing with the alleged stalking or malicious harassment; and

(c) A certified copy of a no contact order or a temporary or permanent civil protection order.

(4) Applications shall be filed with the office of the secretary of state.

(5) Upon filing a properly completed application, the secretary of state shall certify the applicant as a program participant. Applicants shall be certified for four (4) years following the date of filing unless the certification is withdrawn or invalidated before that date. The application may be renewed at the end of four (4) years.

(6) A person who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children, or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, shall be punishable under section 18-5414, Idaho Code, or other applicable statutes.

History:

[19-5703, added 2008, ch. 232, sec. 1, p. 704; am. 2018, ch. 112, sec. 3, p. 228; am. 2026, ch. 79, sec. 21, p. 413.]
Idaho Code § 19-2207 — Idaho Code / Title 19 / Chapter 22 / Section 19-2207
19-2207 RETRIAL AFTER DISCHARGE OF JURY.
Status: in_force

19-2207. Retrial after discharge of jury. In all cases where a jury are discharged or prevented from giving a verdict by reason of an accident or other cause, except where the defendant is discharged from the indictment during the progress of the trial or after the cause is submitted to them, the cause may be again tried at the same or another term.

History:

[(19-2207) Cr. Prac. 1864, sec. 397, p. 260; R.S., R.C., & C.L., sec. 7906; C.S., sec. 8982; I.C.A., sec. 19-2107.]
Idaho Code § 19-2024 — Idaho Code / Title 19 / Chapter 20 / Section 19-2024
19-2024 TRIAL OF CHALLENGE.
Status: in_force

19-2024. Trial of challenge. If the facts are denied the challenge must be tried by the court.

History:

[(19-2024) Cr. Prac. 1864, sec. 343, p. 253; R.S., sec. 7838; am. 1905, p. 9, sec. 1; reen. R.C. & C.L., sec. 7838; C.S., sec. 8934; I.C.A., sec. 19-1924.]
Idaho Code § 19-3214 — Idaho Code / Title 19 / Chapter 32 / Section 19-3214
19-3214 USE AND OBJECTIONS TO DEPOSITIONS.
Status: in_force

19-3214. Use and objections to depositions. The depositions taken under the commission may be read in evidence by either party on the trial, upon it being shown that the witness is unable to attend from any cause whatever; and the same objections may be taken to a question in the interrogatories or to an answer in the deposition, as if the witness had been examined orally in court.

History:

[(19-3214) Cr. Prac. 1864, sec. 569, p. 282; R.S., R.C., & C.L., sec. 8189; C.S., sec. 9165; I.C.A., sec. 19-3114.]
Idaho Code § 19-612 — Idaho Code / Title 19 / Chapter 6 / Section 19-612
19-612 FORCE FOR PURPOSE OF LIBERATION.
Status: in_force

19-612. Force for purpose of liberation. Any person who has lawfully entered a house for the purpose of making an arrest, may break open the door or window thereof if detained therein, when necessary for the purpose of liberating himself, and an officer may do the same when necessary for the purpose of liberating a person who, acting in his aid, lawfully entered for the purpose of making an arrest, and is detained therein.

History:

[(19-612) Cr. Prac. 1864, secs. 129, 132, 139, pp. 229 and 230; R.S., R.C., & C.L., sec. 7549; C.S., sec. 8735; I.C.A., sec. 19-612.]
Idaho Code § 19-5307 — Idaho Code / Title 19 / Chapter 53 / Section 19-5307
19-5307 FINES IN CASES OF CRIMES OF VIOLENCE.
Status: in_force

19-5307. Fines in cases of crimes of violence. (1) Irrespective of any penalties set forth under state law, and in addition thereto, the court, at the time of sentencing or such later date as deemed necessary by the court, may impose a fine not to exceed five thousand dollars ($5,000) against any defendant found guilty of any felony listed in subsections (2) and (3) of this section.

The fine shall operate as a civil judgment against the defendant and shall be entered on behalf of the victim named in the indictment or information, or the family of the victim in cases of homicide or crimes against children, and shall not be subject to any distribution otherwise required in section 19-4705, Idaho Code. The clerk of the district court may collect the fine in the same manner as other fines imposed in criminal cases are collected and shall remit any money collected in payment of the fine to the victim named in the indictment or information or to the family of the victim in a case of homicide or crimes against minor children, provided that none of the provisions of this section shall be construed as modifying the provisions of chapter 6, title 11, Idaho Code, chapter 10, title 55, Idaho Code, or section 72-802, Idaho Code. A fine created under this section shall be a separate written order in addition to any other sentence the court may impose.

The fine contemplated in this section shall be ordered solely as a punitive measure against the defendant and shall not be based upon any requirement of showing of need by the victim. The fine shall not be used as a substitute for an order of restitution as contemplated in section 19-5304, Idaho Code, nor shall such an order of restitution or order of compensation entered in accordance with section 72-1018, Idaho Code, be offset by the entry of such fine.

A defendant may appeal a fine created under this section in the same manner as any other aspect of a sentence imposed by the court. The imposition of a fine created under this section shall not preclude the victim from seeking any other legal remedy; provided that in any civil action brought by or on behalf of the victim, the defendant shall be entitled to offset the amount of any fine imposed pursuant to this section against any award of punitive damages.

(2) The felonies for which a fine created under this section may be imposed are those described in:

Section 18-805, Idaho Code (Aggravated arson);

Section 18-905, Idaho Code (Aggravated assault);

Section 18-907, Idaho Code (Aggravated battery);

Section 18-909, Idaho Code (Assault with intent to commit a serious felony);

Section 18-911, Idaho Code (Battery with intent to commit a serious felony);

Section 18-913, Idaho Code (Felonious administration of drugs);

Section 18-918, Idaho Code (Felony domestic violence);

Section 18-923, Idaho Code (Attempted strangulation);

Section 18-1501, Idaho Code (Felony injury to children);

Section 18-1506, Idaho Code (Sexual abuse of a child under the age of sixteen);

Section 18-1506A, Idaho Code (Ritualized abuse of a child);

Section 18-1506B, Idaho Code (Female genital mutilation of a child);

Section 18-1506C, Idaho Code (Vulnerable child protection);

Section 18-1507, Idaho Code (Sexual exploitation of a child);

Section 18-1508, Idaho Code (Lewd conduct with a child under the age of sixteen);

Section 18-1508A, Idaho Code (Sexual battery of a minor child sixteen or seventeen years of age);

Section 18-4001, Idaho Code (Murder);

Section 18-4006, Idaho Code (Felony manslaughter);

Section 18-4014, Idaho Code (Administering poison with intent to kill);

Section 18-4015, Idaho Code (Assault with intent to murder);

Section 18-4502, Idaho Code (First degree kidnapping);

Section 18-5001, Idaho Code (Mayhem);

Section 18-5501, Idaho Code (Poisoning food, medicine or wells);

Section 18-6101, Idaho Code (Rape);

Section 18-6501, Idaho Code (Robbery).

(3) Notwithstanding the provisions of section 18-306(4) and (5), Idaho Code, the fine created under this section may also be imposed up to five thousand dollars ($5,000) for attempts of the felonies described in:

Section 18-4001, Idaho Code (Murder);

Section 18-6101, Idaho Code (Rape).

History:

[19-5307, added 1992, ch. 285, sec. 1, p. 876; am. 1993, ch. 236, sec. 1, p. 818; am. 2009, ch. 56, sec. 1, p. 159; am. 2009, ch. 101, sec. 1, p. 310; am. 2016, ch. 296, sec. 12, p. 841; am. 2019, ch. 131, sec. 1, p. 466; am. 2020, ch. 101, sec. 2, p. 272; am. 2023, ch. 292, sec. 2, p. 885.]
Idaho Code § 19-105 — Idaho Code / Title 19 / Chapter 1 / Section 19-105
19-105 DEFENDANT.
Status: in_force

19-105. Defendant. The party prosecuted in a criminal action is designated in this code as the defendant.

History:

[(19-105) Cr. Prac. 1864, sec. 9, p. 214; R.S., R.C., & C.L., sec. 7354; C.S., sec. 8620; I.C.A., sec. 19-105.]
Idaho Code § 19-622 — Idaho Code / Title 19 / Chapter 6 / Section 19-622
19-622 MINIMUM REQUIREMENTS.
Status: in_force

19-622. Minimum requirements. For the purpose of warning and protecting the traveling public, the minimum requirements to be met by such officers establishing temporary road blocks, if time and circumstances allow, are:

1. The temporary road block must be established at a point on the highway or street clearly visible at a distance of not less than 100 yards in either direction.

2. At the point of the temporary road block, a sign shall be placed on the center line of the highway or street displaying the word "stop" in letters of sufficient size and luminosity to be readable at a distance of not less than 50 yards, in both directions, either in daytime or darkness.

3. At the same point of the temporary road block, at least one (1) blue light, on and burning, must be placed at the side of the highway or street which shall be a flashing or intermittent beam of light, clearly visible to the oncoming traffic, at a distance of not less than 100 yards.

4. At a distance of not less than 200 yards from the point of the temporary road block, warning signs must be placed at the side of the highway or street, containing any wording of sufficient size and luminosity, to warn the oncoming traffic that a "police stop" lies ahead. A burning beam light, flare or reflector must be placed near such signs for the purpose of attracting the attention of the traffic to the sign.

History:

[19-622, added 1957, ch. 31, sec. 3, p. 49; am. 1972, ch. 285, sec. 1, p. 717.]
Idaho Code § 19-621 — Idaho Code / Title 19 / Chapter 6 / Section 19-621
19-621 AUTHORITY TO ESTABLISH ROAD BLOCKS.
Status: in_force

19-621. Authority to establish road blocks. The duly elected or appointed sheriffs, state policemen or policemen of cities of the first or second class of the state of Idaho are hereby authorized to establish, in their respective or adjacent jurisdictions, temporary road blocks upon the highways of this state or city streets for the purpose of apprehending persons reasonably believed by such officers to be wanted for violation of the laws of this state, of any other state, or of the United States, and using such highways or streets.

History:

[19-621, added 1957, ch. 31, sec. 2, p. 49.]
Idaho Code § 19-4309 — Idaho Code / Title 19 / Chapter 43 / Section 19-4309
19-4309 FORM OF WARRANT.
Status: in_force

19-4309. Form of warrant. The coroner's warrant must be in substantially the following form:

County of …..

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

An inquisition having been this day found by a coroner's jury before me, stating that A.B. has come to his death by the act of C.D., by criminal means (or as the case may be, as found by the inquisition), you are therefore commanded forthwith to arrest the above named C.D., and take him before the nearest or most accessible magistrate in this county.

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

History:

[(19-4309) 1863, p. 475, sec. 143; R.S., R.C., & C.L., sec. 8385; C.S., sec. 9317; I.C.A., sec. 19-4409; am. 2002, ch. 32, sec. 9, p. 50.]
Idaho Code § 19-2116 — Idaho Code / Title 19 / Chapter 21 / Section 19-2116
19-2116 FALSE PRETENSE — SUFFICIENCY OF EVIDENCE.
Status: in_force

19-2116. False pretense — Sufficiency of evidence. Upon a trial for having with intent to cheat or defraud another designedly, by any false pretense, obtained the signature of any person to a written instrument, or having obtained from any person, any money, personal property, or valuable thing, the defendant cannot be convicted if the false pretense was expressed in language, unaccompanied by a false token or writing, unless the pretense or some note or memorandum thereof be in writing, subscribed by or in the hand writing of the defendant, or unless the pretense be proven by the testimony of two (2) witnesses, or that of one (1) witness and corroborating circumstances; but this section shall not apply to a prosecution for falsely representing or personating another, and, in such assumed character, marrying, or receiving any money or property.

History:

[19-2116, added 1972, ch. 336, sec. 8, p. 989.]