Idaho Code § 19-5006 — Idaho Code / Title 19 / Chapter 50 / Section 19-5006
19-5006 MANDATORY DELIVERY OF CUSTODY.
Status: in_force

19-5006. Mandatory delivery of custody. It shall be lawful and mandatory upon the director of correction in charge of the Idaho state prison to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.

History:

[19-5006, added 1971, ch. 167, sec. 6, p. 790.]
Idaho Code § 19-823 — Idaho Code / Title 19 / Chapter 8 / Section 19-823
19-823 COMMITMENT FOR FAILURE TO GIVE SECURITY.
Status: in_force

19-823. Commitment for failure to give security. If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the magistrate must commit him to prison until he complies or is legally discharged.

History:

[(19-823) Cr. Prac. 1864, sec. 169, p. 233; R.S., R.C., & C.L., sec. 7587; C.S., sec. 8765; I.C.A., sec. 19-723.]
Idaho Code § 19-4803 — Idaho Code / Title 19 / Chapter 48 / Section 19-4803
19-4803 CRIMINAL JUSTICE INTEGRATED DATA SYSTEM.
Status: in_force

19-4803. criminal justice integrated data system. (1) There is hereby created in the office of the state controller the criminal justice integrated data system to receive, store, secure, and maintain data and information from local governments, state agencies and departments, or volunteer nongovernmental entities.

(2) The office of the state controller, as the managing agency of the criminal justice integrated data system, may:

(a) Require contributing local governments, state agencies and departments, or volunteer nongovernmental entities to deliver data and information in a certain format and on schedules established for the criminal justice integrated data system; and

(b) Enter into or adopt a memorandum of understanding with each contributing local government, state agency and department, or volunteer nongovernmental entity, and such memorandum must identify the confidentiality of the information and any conditions or restrictions on the use of the data or information.

(3) No memorandum of understanding with a contributing volunteer nongovernmental entity shall:

(a) Give said volunteer nongovernmental entity priority in determining the use of the data system or compel the criminal justice integrated data system to produce any project, report, or data analysis for or on behalf of any contributing volunteer nongovernmental entity; or

(b) Waive or otherwise inhibit a contributing volunteer nongovernmental entity's option to discontinue further contribution of data or information to the criminal justice integrated data system at any time.

(4) The records and data collected and stored by the criminal justice integrated data system shall be exempt from disclosure as set forth in section 74-105(19), Idaho Code. The confidentiality of all records and data collected by the criminal justice integrated data system shall comply with applicable state and federal laws governing the privacy of records, data, and personal identifiable information.

History:

[19-4803, added 2020, ch. 239, sec. 1, p. 697.]
Idaho Code § 19-3804 — Idaho Code / Title 19 / Chapter 38 / Section 19-3804
19-3804 COURT MAY ORDER DELIVERY.
Status: in_force

19-3804. Court may order delivery. If the property stolen or embezzled has not been delivered to the owner, the court before which a trial is had for stealing or embezzling it may, on proof of his title, order it to be restored to the owner.

History:

[(19-3804) Cr. Prac. 1864, sec. 592, p. 286; R.S., R.C., & C.L., sec. 8241; C.S., sec. 9195; I.C.A., sec. 19-3704.]
Idaho Code § 19-5306 — Idaho Code / Title 19 / Chapter 53 / Section 19-5306
19-5306 RIGHTS OF VICTIM DURING INVESTIGATION, PROSECUTION, AND DISPOSITION OF THE CRIME.
Status: in_force

19-5306. Rights of victim during investigation, prosecution, and disposition of the crime. (1) Each victim of a criminal or juvenile offense shall be:

(a) Treated with fairness, respect, dignity and privacy throughout the criminal justice process;

(b) Permitted to be present at all criminal justice proceedings or juvenile proceedings including probation proceedings;

(c) Entitled to a timely disposition of the case;

(d) Given prior notification of trial court, appellate, probation and parole proceedings and, upon request, to information about the sentence, incarceration, placing on probation or release of the defendant;

(e) Heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration, placing on probation or release of the defendant unless manifest injustice would result;

(f) Afforded the opportunity to communicate with the prosecution in criminal or juvenile offenses, and be advised of any proposed plea agreement by the prosecuting attorney prior to entering into a plea agreement in criminal or juvenile offenses involving crimes of violence, sex crimes or crimes against children;

(g) Allowed to refuse an interview, ex parte contact or other request by the defendant or any other person acting on behalf of the defendant, unless such request is authorized by law;

(h) Consulted by the presentence investigator during the preparation of the presentence report and have included in that report a statement of the impact which the defendant's criminal conduct had upon the victim and shall be allowed to read, prior to the sentencing hearing, the presentence report relating to the crime. The victim shall maintain the confidentiality of the presentence report, and shall not disclose its contents to any person except statements made by the victim to the prosecuting attorney or the court;

(i) Assured the expeditious return of any stolen or other personal property by law enforcement agencies when no longer needed as evidence;

(j) Notified whenever the defendant or suspect is released or escapes from custody. When release is ordered prior to final conviction, notice to the victim shall be given by the law enforcement authority from whose custody the defendant was released. When the release is granted subsequent to a final conviction, notice shall be given to the victim by the law enforcement authority from whose custody the defendant was released unless release is granted by the commission of pardons and parole, in which case the commission shall notify the victim. When a release on probation is being considered following a period of retained jurisdiction, notice of the hearing shall be given to the victim by the prosecuting attorney.

(2) Upon the filing of a criminal complaint or juvenile petition, the prosecuting attorney shall inform the victim of the various opportunities provided by this section. The victim may exercise any of the rights provided by this section by completing a written request on a form provided by the prosecuting attorney to the clerk of the district court. The clerk thereafter shall notify the appropriate authorities of the victim's requests. Notice thereafter shall be given to the victim at the address provided unless the victim subsequently provides a different address. The victim's address shall be kept confidential by the court except for carrying out the provisions of this chapter.

(3) The provisions of this section shall apply equally to the immediate families of homicide victims or immediate families of victims of such youthful age or incapacity as precludes them from exercising these rights personally. The court may designate a representative from the immediate family to exercise these rights on behalf of a deceased, incapacitated, or minor victim.

(4) Nothing in this section shall be construed to authorize a court to dismiss a case, to set aside or void a finding of guilt or an acceptance of a plea of guilty, or to obtain appellate, habeas corpus, or other relief from any criminal judgment, for a violation of the provisions of this section; nor be construed as creating a cause of action for money damages, costs or attorney's fees against the state, a county, a municipality, any agency, instrumentality or person; nor be construed as limiting any rights for victims previously conferred by statute; nor be construed to require the court appointment of legal counsel or the payment of transportation costs.

(5) As used in this section:

(a) "Victim" is an individual who suffers direct or threatened physical, financial or emotional harm as the result of the commission of a crime or juvenile offense;

(b) "Criminal offense" is any charged felony or a misdemeanor involving physical injury, or the threat of physical injury, or a sexual offense;

(c) "Juvenile offense" is charged conduct that is a violation of law that brings a juvenile within the purview of chapter 5, title 20, Idaho Code, and which conduct committed by a juvenile would be a felony if committed by an adult.

History:

[19-5306, added 1985, ch. 122, sec. 3, p. 299; am. 1989, ch. 306, sec. 1, p. 760; am. 1995, ch. 142, sec. 1, p. 604; am. 1998, ch. 356, sec. 1, p. 1114.]
Idaho Code § 19-3920 — Idaho Code / Title 19 / Chapter 39 / Section 19-3920
19-3920 RETRIAL OF DEFENDANT.
Status: in_force

19-3920. Retrial of defendant. If the jury is discharged as provided in the last section, the court may proceed again to the trial in the same manner as upon the first trial, and so on until a verdict is rendered.

History:

[(19-3920) Cr. Prac. 1864, sec. 611, p. 289; R.S., R.C. & C.L., sec. 8298; C.S., sec. 9246; I.C.A., sec. 19-4020.]
Idaho Code § 19-3936 — Idaho Code / Title 19 / Chapter 39 / Section 19-3936
19-3936 ENTITLING AFFIDAVITS.
Status: in_force

19-3936. Entitling affidavits. The provisions in respect to entitling affidavits are applicable to proceedings in the courts mentioned in this chapter.

History:

[(19-3936) R.S., R.C., & C.L., sec. 8314; C.S., sec. 9262; I.C.A., sec. 19-4036.]
Idaho Code § 19-2121 — Idaho Code / Title 19 / Chapter 21 / Section 19-2121
19-2121 PROCEDURE IF DEFENDANT NOT ARRESTED — PROCEDURE IF DEFENDANT ARRESTED.
Status: in_force

19-2121. Procedure if defendant not arrested — Procedure if defendant arrested. If the defendant is not arrested on a warrant from the proper county, as provided in the last section, he must be discharged from custody, or his bail in the action exonerated, or money deposited instead of bail must be refunded, as the case may be, and the sureties in the undertaking, as mentioned in that section, must be discharged. If he is arrested, the same proceedings must be had thereon as upon the arrest of a defendant in another county on a warrant of arrest issued by a magistrate.

History:

[(19-2121) Cr. Prac. 1864, secs. 371, 372, p. 257; R.S., R.C., & C.L., sec. 7875; C.S., sec. 8961; I.C.A., sec. 19-2021.]
Idaho Code § 19-1807 — Idaho Code / Title 19 / Chapter 18 / Section 19-1807
19-1807 CERTIFICATION OF COSTS.
Status: in_force

19-1807. Certification of costs. The clerk of the court in the county to which such action is, or may be, removed must certify the amount of said costs to the auditor of the proper county, which must be allowed and paid as other county charges.

History:

[(19-1807) Cr. Prac. 1864, sec. 675, p. 297; R.S., R.C., & C.L., sec. 7774; C.S., sec. 8894; I.C.A., sec. 19-1707.]
Idaho Code § 19-1002 — Idaho Code / Title 19 / Chapter 10 / Section 19-1002
19-1002 GROUNDS FOR CHALLENGE TO PANEL.
Status: in_force

19-1002. Grounds for challenge to panel. A challenge to the panel may be interposed for one or more of the following causes only:

1. That the requisite number of ballots was not drawn from the jury box of the county.

2. That notice of the drawing of the grand jury was not given.

3. That the drawing was not had in the presence of the officers designated by law.

History:

[(19-1002) Cr. Prac. 1864, sec. 178, 235; R.S., R.C., & C.L., sec. 7608; C.S., sec. 8772; I.C.A., sec. 19-902.]
Idaho Code § 19-817 — Idaho Code / Title 19 / Chapter 8 / Section 19-817
19-817 BAILABLE OFFENSES — ORDER ADMITTING TO BAIL.
Status: in_force

19-817. Bailable offenses — Order admitting to bail. If the offense is bailable, and the defendant is admitted to bail, the following words must be added to commitment required by section 19-818: "And that he is admitted to bail in the sum of …. dollars, and is committed to the sheriff of the county of …. until he gives such bail."

History:

[(19-817) Cr. Prac. 1864, sec. 163, p. 232; R.S., R.C., & C.L., sec. 7581; C.S., sec. 8759; I.C.A., sec. 19-717; am. 1969, ch. 467, sec. 11, p. 1339.]
Idaho Code § 19-4502 — Idaho Code / Title 19 / Chapter 45 / Section 19-4502
19-4502 FUGITIVES FROM JUSTICE — DUTY OF GOVERNOR.
Status: in_force

19-4502. Fugitives from justice — Duty of governor. Subject to the provisions of this chapter, and the provisions of the Constitution of the United States controlling, and any and all acts of congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this state.

History:

[(19-4502) 1927, ch. 29, sec. 2, p. 31; I.C.A., sec. 19-4602; am. 2008, ch. 136, sec. 2, p. 386.]
Idaho Code § 19-4510 — Idaho Code / Title 19 / Chapter 45 / Section 19-4510
19-4510 RIGHTS OF ACCUSED PERSON — APPLICATION FOR WRIT OF HABEAS CORPUS.
Status: in_force

19-4510. Rights of accused person — Application for writ of habeas corpus. No person arrested upon such warrant shall be delivered over to the appointed agent for the executive authority demanding him unless he shall first be taken forthwith before a judge or magistrate of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge or magistrate of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.

History:

[(19-4510) 1927, ch. 29, sec. 10, p. 31; I.C.A., sec. 19-4610; am. 2008, ch. 136, sec. 9, p. 388.]
Idaho Code § 19-3402 — Idaho Code / Title 19 / Chapter 34 / Section 19-3402
19-3402 LEAVE OF COURT AND PROSECUTOR REQUIRED.
Status: in_force

19-3402. Leave of court and prosecutor required. If the party injured appears before the court to which the depositions are required to be returned, at any time before trial, and acknowledges that he has received satisfaction for the injury, the court and the prosecutor may, in their discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes. The order is a bar to another prosecution for the offense that was originally charged.

History:

[(19-3402) Cr. Prac. 1864, secs. 662, 663, p. 295; R.S., R.C., & C.L., sec. 8206; C.S., sec. 9174; I.C.A., sec. 19-3302; am. 1998, ch. 209, sec. 2, p. 737.]
Idaho Code § 19-2306 — Idaho Code / Title 19 / Chapter 23 / Section 19-2306
19-2306 SPECIAL VERDICT DEFINED.
Status: in_force

19-2306. Special verdict defined. A special verdict is that by which the jury finds the facts only, leaving the judgment to the court. It must present the conclusions of fact as established by the evidence, and not the evidence to prove them, and these conclusions of fact must be so presented as that nothing remains to the court but to draw conclusions of law upon them.

History:

[(19-2306) Cr. Prac. 1864, sec. 406, p. 261; R.S., R.C., & C.L., sec. 7920; C.S., sec. 8991; I.C.A., sec. 19-2206.]
Idaho Code § 19-109 — Idaho Code / Title 19 / Chapter 1 / Section 19-109
19-109 PREREQUISITES TO CONVICTION.
Status: in_force

19-109. Prerequisites to conviction. No person can be convicted of a public offense unless by the verdict of a jury, accepted and recorded by the court, or upon a plea of guilty, or upon a judgment of a probate or justice's court, a jury having been waived, in a criminal case not amounting to a felony.

History:

[(19-109) Cr. Prac. 1864, sec. 13, p. 214; R.S., R.C., & C.L., sec. 7358; C.S., sec. 8624; I.C.A., sec. 19-109.]
Idaho Code § 19-2117 — Idaho Code / Title 19 / Chapter 21 / Section 19-2117
19-2117 TESTIMONY OF ACCOMPLICE — CORROBORATION.
Status: in_force

19-2117. Testimony of accomplice — Corroboration. A conviction cannot be had on the testimony of an accomplice, unless he is corroborated by other evidence, which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense; and the corroboration is not sufficient, if it merely shows the commission of the offense, or the circumstances thereof.

History:

[(19-2117) Cr. Prac. 1864, sec. 364, p. 256; R.S., R.C., & C.L., sec. 7871; C.S., sec. 8957; I.C.A., sec. 19-2017.]
Idaho Code § 19-3945 — Idaho Code / Title 19 / Chapter 39 / Section 19-3945
19-3945 JURORS AND WITNESSES — FEES AND MILEAGE — APPLICATION FOR SUBPOENAS.
Status: in_force

19-3945. Jurors and witnesses — Fees and mileage — Application for subpoenas. Witnesses before a special inquiry judge and in criminal cases in the magistrate division of district court, and witnesses in a coroner's inquest, are entitled to the same fees and mileage as provided in section 19-3008, Idaho Code, for witnesses in criminal proceedings in the district court, which must be paid out of the county treasury; provided, however, that when the state or the defendant requires the attendance of more than three (3) witnesses in its or his behalf, before such witnesses shall be subpoenaed at the county expense, or their fees and mileages be a charge against the county, the county attorney or defendant must make affidavit setting forth that they are witnesses whose evidence is material for the state or the defense, and the facts showing such materiality, and that it or he cannot safely go to trial without them. In such case or cases, the court or judge thereof, at the time the application is made therefor, shall order a subpoena to issue to such of said witnesses as the court or judge thereof may deem material for the state or defendant, and the costs incurred by the process, and the fees and mileage of such witnesses, shall be paid in the same manner that the costs and fees of other witnesses are paid. Jurors in a coroner's inquest are entitled to the mileage and per diem payments as provided for jurors in section 2-215, Idaho Code.

History:

[(19-3945) 1905, p. 173, sec. 1; reen. R.C. & C.L., sec. 8338; C.S., sec. 9271; I.C.A., sec. 19-4045; am. 1939, ch. 20, sec. 1, p. 51; am. 1961, ch. 6, sec. 1, p. 8; am. 2012, ch. 18, sec. 1, p. 37.]
Idaho Code § 19-902 — Idaho Code / Title 19 / Chapter 9 / Section 19-902
19-902 MODE OF PROSECUTION FOR REMOVAL OF OFFICERS.
Status: in_force

19-902. Mode of prosecution for removal of officers. When the proceedings are had for the removal of district, county, municipal or precinct officers they may be commenced by an accusation or information, in writing, as provided in chapter 41 of this title.

History:

[(19-902) Cr. Prac. 1864, sec. 174, p. 234; R.S., R.C., & C.L., sec. 7601; C.S., sec. 8769; I.C.A., sec. 19-802.]
Idaho Code § 19-5507 — Idaho Code / Title 19 / Chapter 55 / Section 19-5507
19-5507 RESPONSIBILITY FOR SAMPLE COLLECTION — TIMING OF SAMPLE COLLECTION — SITE FOR SAMPLE COLLECTION.
Status: in_force

19-5507. RESPONSIBILITY FOR SAMPLE COLLECTION — TIMING OF SAMPLE COLLECTION — SITE FOR SAMPLE COLLECTION. (1) Process for collection. The process for collection of DNA samples and thumbprint impressions from persons subject to the provisions of this chapter shall be as provided in this section.

(2) Order for collection prior to sentencing. Where a person subject to the provisions of this chapter has been convicted of or pleaded guilty to a serious crime but has not yet been sentenced, the prosecuting attorney, attorney general, or Idaho state police may, at the time of conviction or guilty plea or thereafter, apply to the court for an order requiring the person to submit a DNA sample and thumbprint impression prior to sentencing. The court shall order a sample and impression to be taken prior to sentencing upon a showing that early collection is in the best interest of justice. The DNA sample and thumbprint impression shall be collected in accordance with procedures established by the bureau of forensic services. The director may designate a state correctional facility or county jail for such collection.

(3) Order for collection at sentencing. Except as otherwise provided in this section, in every case in which any person, including any juvenile tried as an adult, who has been convicted of or pleaded guilty to a serious crime, the court shall, at the time of sentencing, order the person to submit a DNA sample and thumbprint impression to the bureau of forensic services, and order the collection of such sample and impression as set forth in this section.

(a) Persons to be released following sentencing.

(i) The court shall order any person subject to the provisions of this chapter who is incarcerated at the time of sentencing and who has not previously provided a DNA sample and thumbprint impression to provide such sample and impression at an Idaho state police-designated sample collection location prior to physical release from custody.

(ii) At the time of sentencing, the court shall order any person subject to the provisions of this chapter who is not incarcerated, who has not previously provided a DNA sample and thumbprint impression, and who is granted probation or other supervised or conditional release following sentencing to report before the end of the following business day to provide a DNA sample and thumbprint impression at an Idaho state police-designated sample collection location.

(b) Persons committed to county jails or other local detention facilities at sentencing. At the time of sentencing, the court shall order any person subject to the provisions of this chapter who has not previously submitted a DNA sample and thumbprint impression and who is sentenced to a period of incarceration in a county jail or other local detention facility to provide a DNA sample and thumbprint impression, and the court shall order the chief administrative officer of such jail or facility to cause a DNA sample and thumbprint impression to be collected from the person as soon as possible during the intake process at the facility, or immediately thereafter at another facility designated for such collections, but in all cases, no later than ten (10) days after the person's arrival at the jail or facility.

(c) Persons committed to the department of correction or department of juvenile corrections at sentencing. At the time of sentencing, the court shall order any person subject to the provisions of this chapter who has not previously submitted a DNA sample and thumbprint impression and who is committed to the custody of the department of correction or department of juvenile corrections to submit a DNA sample and thumbprint impression as directed by the director of the department of correction or department of juvenile corrections, and the court shall order the chief administrative officer at the designated reception center to cause a DNA sample and thumbprint impression to be collected from the person during the intake process at the reception center designated by the director of the department of correction or department of juvenile corrections as soon as possible, but no later than ten (10) days after the person's arrival at the facility.

(4) Incarcerated persons who have not submitted a DNA sample or thumbprint impression. Any person subject to the provisions of this chapter who is serving a term of imprisonment or confinement in a local, county, or state jail, prison, or other correctional facility and who did not, for any reason, including oversight or error, provide a DNA sample and thumbprint impression to the bureau of forensic services shall provide such sample and impression, and the administrator of the jail, prison, or other correctional facility in which such person is confined shall cause the sample and impression to be collected as soon as practicable, but in any event no later than ten (10) days following notice from the bureau of forensic services that the person has not previously submitted the sample and impression, or prior to final discharge, probation, parole, or release from imprisonment or confinement, whichever is earlier. A person who was convicted of any felony crime, the attempt to commit any felony crime, or any crime that requires sex offender registration pursuant to sections 18-8304 and 18-8410, Idaho Code, prior to the effective date of this chapter is not exempt from these requirements.

(5) Persons on parole following incarceration. Prior to release on parole, any person subject to the provisions of this chapter must have submitted a DNA sample and thumbprint impression to the bureau of forensic services. It shall be a condition of parole that any person subject to the provisions of this chapter who has not, for any reason, including oversight or error, previously provided a DNA sample and thumbprint impression and who is released on parole shall, upon notice by the bureau of forensic services, a law enforcement agency, or an agent of the department of correction, be required to provide a DNA sample and thumbprint impression if such sample and thumbprint impression are not in the possession of the bureau of forensic services. Such person shall be required to have the sample and impression taken within ten (10) working days of such notice at an Idaho state police-designated sample collection location.

(6) Persons returned to state or local correctional facilities, jails, or other detention facilities following supervised or conditional release. Any person subject to the provisions of this chapter who was released on parole, probation, furlough, or other supervised or conditional release, who is returned to a state or local juvenile or adult correctional facility for any reason, and who has not previously provided a DNA sample and thumbprint impression shall provide a sample and impression upon returning to the state or local correctional facility. The chief administrative officer of such facility shall cause the sample and impression to be taken as soon as possible, but no later than ten (10) days following notice from the bureau of forensic services or discovery that the person has not yet provided a sample and impression, or prior to final discharge, parole, or release from imprisonment or confinement, whichever is earlier.

(7)(a) Persons in Idaho pursuant to interstate agreement. When the state accepts an offender from another state under any interstate compact or under any other reciprocal agreement with any county, state, or federal agency, or any other provision of law, whether or not the offender is confined or released, the acceptance is conditional on the offender providing a DNA sample and thumbprint impression if the offender was convicted of or pleaded guilty to an offense that would qualify as a serious crime, as defined in section 19-5502(10), Idaho Code, or if the offender was convicted of an equivalent offense in any other jurisdiction, regardless of the form of judgement or withheld judgement, and regardless of the sentence imposed or disposition rendered.

(b) If the offender from another state is not confined, the offender must provide the sample and impression required by this chapter within ten (10) days after the offender reports to the supervising agent or within ten (10) days of notice to the offender from the bureau of forensic services, any law enforcement agency, or the offender's supervising agency, whichever occurs first. The offender shall report to an Idaho state police-designated sample collection facility or facilities to have the sample and impression taken.

(c) If the offender from another state is confined in a state, county, or local correctional facility, jail, or other detention facility, the offender shall provide, and the administrative officer of such facility shall cause to be collected, the DNA sample and thumbprint impression as soon as practicable but no later than ten (10) days after the offender is received into such jail or facility, or ten (10) days following notice from the bureau of forensic services that the person has not yet provided a sample and impression, whichever is earlier, and in all cases, before completion of the offender's term of imprisonment or discharge from that facility, whichever is earlier.

(8) Persons previously convicted of or pleading guilty to a serious crime. Any person, including any juvenile tried as an adult, who was previously convicted of or pleaded guilty to a serious crime, as defined in section 19-5502(10), Idaho Code, whether or not that person is incarcerated, who has not provided a DNA sample and thumbprint impression for any reason, including the person's release prior to the enactment of this chapter, an oversight or error, or because of the person's transfer from another jurisdiction, shall provide a DNA sample and thumbprint impression for inclusion in the state's DNA database and databank within ten (10) working days of such person being notified of this requirement by the Idaho state police, the department of correction, any law enforcement officer, or an officer of the court. The samples and impressions shall be collected in a facility designated by the Idaho state police.

(9) Verification. The collection facility and sex offender registration location shall verify that the individual's DNA sample has been collected in Idaho. The collection facility shall not be required to collect a DNA sample if it can be verified that a sample already exists for the individual in the Idaho DNA database.

History:

[19-5507, added 2026, ch. 40, sec. 6, p. 171.]
Idaho Code § 19-1712 — Idaho Code / Title 19 / Chapter 17 / Section 19-1712
19-1712 KINDS OF PLEAS.
Status: in_force

19-1712. Kinds of pleas. There are four (4) kinds of pleas to an indictment. A plea of:

1. Guilty.

2. Not guilty.

3. A former judgment of conviction or acquittal of the offense charged, which may be pleaded either with or without the plea of not guilty.

4. Once in jeopardy.

History:

[(19-1712) Cr. Prac. 1864, sec. 294, p. 248; R.S., R.C., & C.L., sec. 7755; C.S., sec. 8879; I.C.A., sec. 19-1612.]
Idaho Code § 19-202A — Idaho Code / Title 19 / Chapter 2 / Section 19-202A
19-202A DEFENSE OF SELF, OTHERS AND CERTAIN PLACES.
Status: in_force

19-202A. defense of self, others and certain places. (1) No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting himself or his family by reasonable means necessary, or when coming to the aid of another whom he reasonably believes to be in imminent danger of or the victim of aggravated assault, robbery, rape, murder or other heinous crime.

(2) The defense of self or of another does not require a person to wait until he or she ascertains whether the danger is apparent or real. A person confronted with such danger has a clear right to act upon appearances such as would influence the action of a reasonable person.

(3) In the exercise of the right of self-defense or defense of another, a person need not retreat from any place that person has a right to be. A person may stand his ground and defend himself or another person by the use of all force and means which would appear to be necessary to a reasonable person in a similar situation and with similar knowledge without the benefit of hindsight. The provisions of this subsection shall not apply to a person incarcerated in jail or prison facilities when interacting with jail or prison staff who are acting in their official capacities.

(4) In any prosecution for the unlawful use of force, including deadly force, or the attempted or threatened use of force contrary to title 18, Idaho Code, the burden is on the prosecution to prove beyond a reasonable doubt that the use of force, attempted use of force or threat to use force was not justifiable.

(5) A person using force or deadly force in defense of a habitation, place of business or employment or occupied vehicle as defined in section 18-4009(3), Idaho Code, is presumed to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the force is used against a person whose entry or attempted entry therein is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.

History:

[19-202A, added 1974, ch. 238, sec. 1, p. 1601; am. 2018, ch. 222, sec. 5, p. 502.]
Idaho Code § 19-3925 — Idaho Code / Title 19 / Chapter 39 / Section 19-3925
19-3925 TIME FOR JUDGMENT.
Status: in_force

19-3925. Time for judgment. After a plea or verdict of guilty, or after a verdict against the defendant, on a plea of a former conviction or acquittal, the court must appoint a time for rendering judgment, which must not be more than two (2) days nor less than six (6) hours after the verdict is rendered, and must hold the defendant to bail to appear for judgment, and in default of bail he must be committed.

History:

[(19-3925) Cr. Prac. 1864, sec. 617, p. 289; R.S., R.C., & C.L., sec. 8303; C.S., sec. 9251; I.C.A., sec. 19-4025.]
Idaho Code § 19-3806 — Idaho Code / Title 19 / Chapter 38 / Section 19-3806
19-3806 RECEIPT FOR PROPERTY TAKEN FROM DEFENDANT.
Status: in_force

19-3806. Receipt for property taken from defendant. When money or other property is taken from a defendant, arrested upon a charge of a public offense, the officer taking it must, at the time, give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken; one of which receipts he must deliver to the defendant, and the other of which he must forthwith file with the clerk of the court to which the depositions and statement are to be sent.

History:

[(19-3806) Cr. Prac. 1864, sec. 594, p. 286; R.S., R.C., & C.L., sec. 8243; C.S., sec. 9197; I.C.A., sec. 19-3706.]
Idaho Code § 19-3602 — Idaho Code / Title 19 / Chapter 36 / Section 19-3602
19-3602 FORM OF SUMMONS.
Status: in_force

19-3602. Form of summons. The summons must be substantially in the following form:

County of (as the case may be):

The state of Idaho to the (naming the corporation):

You are hereby summoned to appear before me at (naming the place), on (specifying the day and hour), to answer a charge made against you upon the information of A.B. (or the presentment of the grand jury of the county, as the case may be), for (designating the offense generally).

Dated at the city or precinct of…., this…. day of….,…..

History:

[(19-3602) Cr. Prac. 1874, sec. 584; R.S., R.C., & C.L., sec. 8223; C.S., sec. 9183; I.C.A., sec. 19-3502; am. 2002, ch. 32, sec. 7, p. 49; am. 2012, ch. 20, sec. 11, p. 68.]
Idaho Code § 19-2914A — Idaho Code / Title 19 / Chapter 29 / Section 19-2914A
19-2914A BAIL ENFORCEMENT AGENTS.
Status: in_force

19-2914A. bail enforcement agents. [effective until January 1, 2027] (1) As used in this section, "bail enforcement agent" or "agent" means a person who:

(a) Is empowered to arrest or surrender a defendant at any time before the exoneration of bail; and

(b) Meets the requirements of this section.

(2) Requirements. An agent must:

(a) Be eighteen (18) years of age or older;

(b) Be a citizen or legal resident of the United States;

(c) Not have been adjudicated as having suffered from any of the following conditions, based on substantial evidence:

(i) Lacking mental capacity as defined in section 18-210, Idaho Code;

(ii) Mentally ill as defined in section 66-317, Idaho Code;

(iii) Gravely disabled as defined in section 66-317, Idaho Code; or

(iv) An incapacitated person as defined in section 15-5-101, Idaho Code; and

(d) Not be a fugitive from justice.

(3) Required items and information. During an arrest pursuant to section 19-2914, Idaho Code, a bail enforcement agent must possess:

(a) An affidavit extending the authority to arrest the defendant;

(b) The name, last known address, and photograph of the defendant;

(c) The name and principal address of the surety insurance company, its bail agent, or the person posting a property bond or cash deposit that is empowering the bail enforcement agent to arrest the defendant; and

(d) A valid driver's license or other photographic identifying document or information.

(4) Identification. A badge shall be worn by bail enforcement agents that is designed exclusively for bail enforcement agents. The badge must clearly delineate the title of "bail enforcement agent" directly on and below the badge.

(5) Notification to the sheriff. Prior to making a planned apprehension, an agent must first provide notice to the county sheriff of the county within which the planned apprehension is to occur.

(6) Prohibitions. Upon appointment, until either revocation of appointment or the exoneration of bail, an agent may not:

(a) Represent himself as a peace officer or an employee of any department of a federal, state, or local law enforcement agency;

(b) Wear any uniform that would represent the agent as a peace officer or an employee of any department of a federal, state, or local government;

(c) Use a fictitious name that would represent the agent as a peace officer or an employee of a department of a federal, state, or local government; or

(d) Carry a weapon, unless in compliance with all state and federal laws.

(7) Penalty. Any person who violates the provisions of subsection (2), (3), (4), or (5) of this section for the first offense shall be liable for a misdemeanor penalty of a fine not to exceed one thousand dollars ($1,000). For any second or subsequent offense, the person shall be subject to a misdemeanor penalty not to exceed six (6) months in jail and a fine not to exceed one thousand dollars ($1,000). Any person who fails to obtain authority from a surety insurance company or its bail agent, or the person posting a property bond or cash deposit in accordance with section 19-2914, Idaho Code, or a similar law of another state, or who attempts to arrest or surrender a defendant without meeting the requirements of subsection (2) of this section, or who violates the provisions of subsection (6) of this section, is guilty of a misdemeanor.

(8) Requirements for prosecution. Venue for prosecution for a violation under the provisions of this section shall be in the county where the violation occurred, and such prosecution will be handled by the prosecuting attorney of such county. A prosecution for a violation of this section must be commenced within the time limitations set forth in section 19-403, Idaho Code.

(9) A bail agent who appoints a bail enforcement agent is required to keep a copy of the bail enforcement agent's appointment and may rely thereon that the bail enforcement agent has met the requirements of this section.

19-2914A. bail enforcement agents. [effective January 1, 2027] (1) As used in this section, "bail enforcement agent" or "agent" means a person who:

(a) Is empowered to arrest or surrender a defendant at any time before the exoneration of bail; and

(b) Meets the requirements of this section.

(2) Requirements. An agent must:

(a) Be eighteen (18) years of age or older;

(b) Be a citizen or legal resident of the United States;

(c) Not have been adjudicated as having suffered from any of the following conditions, based on substantial evidence:

(i) Lacking mental capacity as defined in section 18-210, Idaho Code;

(ii) Mentally ill as defined in section 66-317, Idaho Code;

(iii) Gravely disabled as defined in section 66-317, Idaho Code; or

(iv) An incapacitated person as defined in section 15-1-201, Idaho Code; and

(d) Not be a fugitive from justice.

(3) Required items and information. During an arrest pursuant to section 19-2914, Idaho Code, a bail enforcement agent must possess:

(a) An affidavit extending the authority to arrest the defendant;

(b) The name, last known address, and photograph of the defendant;

(c) The name and principal address of the surety insurance company, its bail agent, or the person posting a property bond or cash deposit that is empowering the bail enforcement agent to arrest the defendant; and

(d) A valid driver's license or other photographic identifying document or information.

(4) Identification. A badge shall be worn by bail enforcement agents that is designed exclusively for bail enforcement agents. The badge must clearly delineate the title of "bail enforcement agent" directly on and below the badge.

(5) Notification to the sheriff. Prior to making a planned apprehension, an agent must first provide notice to the county sheriff of the county within which the planned apprehension is to occur.

(6) Prohibitions. Upon appointment, until either revocation of appointment or the exoneration of bail, an agent may not:

(a) Represent himself as a peace officer or an employee of any department of a federal, state, or local law enforcement agency;

(b) Wear any uniform that would represent the agent as a peace officer or an employee of any department of a federal, state, or local government;

(c) Use a fictitious name that would represent the agent as a peace officer or an employee of a department of a federal, state, or local government; or

(d) Carry a weapon, unless in compliance with all state and federal laws.

(7) Penalty. Any person who violates the provisions of subsection (2), (3), (4), or (5) of this section for the first offense shall be liable for a misdemeanor penalty of a fine not to exceed one thousand dollars ($1,000). For any second or subsequent offense, the person shall be subject to a misdemeanor penalty not to exceed six (6) months in jail and a fine not to exceed one thousand dollars ($1,000). Any person who fails to obtain authority from a surety insurance company or its bail agent, or the person posting a property bond or cash deposit in accordance with section 19-2914, Idaho Code, or a similar law of another state, or who attempts to arrest or surrender a defendant without meeting the requirements of subsection (2) of this section, or who violates the provisions of subsection (6) of this section, is guilty of a misdemeanor.

(8) Requirements for prosecution. Venue for prosecution for a violation under the provisions of this section shall be in the county where the violation occurred, and such prosecution will be handled by the prosecuting attorney of such county. A prosecution for a violation of this section must be commenced within the time limitations set forth in section 19-403, Idaho Code.

(9) A bail agent who appoints a bail enforcement agent is required to keep a copy of the bail enforcement agent's appointment and may rely thereon that the bail enforcement agent has met the requirements of this section.

History:

[19-2914A, added 2019, ch. 266, sec. 2, p. 779; am. 2020, ch. 126, sec. 2, p. 394; am. 2026, ch. 79, sec. 18, p. 411.]
Idaho Code § 19-308 — Idaho Code / Title 19 / Chapter 3 / Section 19-308
19-308 BIGAMY OR INCEST.
Status: in_force

19-308. Bigamy or incest. When the offense either of bigamy or incest is committed in one county, and the defendant is apprehended in another, the venue is in either county.

History:

[19-308, added 1972, ch. 336, sec. 4, p. 985; am. 1986, ch. 289, sec. 8, p. 730.]
Idaho Code § 19-5201 — Idaho Code / Title 19 / Chapter 52 / Section 19-5201
19-5201 IDAHO PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM — INTENT AND PURPOSE.
Status: in_force

19-5201. Idaho public safety and security information system — Intent and purpose. The maintenance of law and order is, and always has been, a primary function of government and is so recognized in both federal and state constitutions. The state has an unmistakable responsibility to give full support to all public agencies of the criminal justice system. This responsibility includes the provision of an efficient law enforcement information system available to all state and local agencies. It is the intent of the legislature that such a system be established and maintained in a condition adequate to the needs of public safety and security. It is the purpose of this chapter to establish a public safety and security information system, known as "ILETS," for the state of Idaho.

History:

[19-5201, added 1971, ch. 195, sec. 1, p. 884; am. 2005, ch. 115, sec. 3, p. 373.]
Idaho Code § 19-6005 — Idaho Code / Title 19 / Chapter 60 / Section 19-6005
19-6005 POWERS AND DUTIES OF THE STATE PUBLIC DEFENDER.
Status: in_force

19-6005. POWERS AND DUTIES OF THE STATE PUBLIC DEFENDER. Consistent with the state of Idaho's obligation to provide indigent public defense pursuant to the sixth amendment to the United States constitution; section 13, article I of the constitution of the state of Idaho; and this chapter, the state public defender shall have the power to:

(1) Ensure that qualified defending attorneys, experts, investigators, mitigation specialists, stenographers, paralegals, or other support staff and assistants are employed or contracted as necessary to carry out the purposes of this chapter, that the same deliver indigent defense services in compliance with applicable indigent defense standards, and that any persons hired or contracted to provide indigent individuals charged with an offense or offenses punishable by a sentence of death be qualified to provide team representation. Provided, however, the terms of any contract with a defending attorney shall not include any pricing structure that charges or pays a single fixed fee for the services of the defending attorney and client-related expenses;

(2) Provide appropriate facilities, including office space, furniture, equipment, books and other legal research tools, postage, supplies, and secure information and communication technology equipment that is reasonably necessary for the proper performance of the state public defender;

(3) Implement procedures for the oversight, implementation, enforcement, and improvement of indigent defense standards so that the right to counsel of indigent persons is constitutionally delivered to all indigent persons in this state;

(4) Collaborate with district public defenders to establish Idaho standards for defending attorneys that, to the extent reasonably practical and considering factors such as case complexity, support services, and travel, utilize the following principles:

(a) The delivery of indigent defense services should be independent of political and judicial influence, though the judiciary is encouraged to contribute information and advice concerning the delivery of indigent defense services;

(b) Defending attorneys should have sufficient time and private physical space so that attorney-client confidentiality is safeguarded during meetings with clients;

(c) Defending attorneys' workloads should permit effective representation;

(d) Economic disincentives or incentives that impair defending attorneys' ability to provide effective representation should be avoided;

(e) Defending attorneys' abilities, training, and experience should match the nature and complexity of the cases in which they provide services, including but not limited to cases involving complex felonies, juveniles, and child protection;

(f) The defending attorney assigned to a particular case should, to the extent reasonably practicable, continuously oversee the representation of that case and appear at every substantive court hearing;

(g) There should be reasonable parity between defending attorneys and prosecuting attorneys with respect to resources, staff, and facilities;

(h) Defending attorneys shall be regularly reviewed and supervised for compliance with indigent defense standards and, if applicable, compliance with indigent defense standards as set forth in contractual provisions; and

(i) Defending attorneys shall identify and resolve conflicts of interest in conformance with the Idaho rules of professional conduct and other applicable constitutional standards;

(5) Collaborate with district public defenders to establish and implement Idaho-based workload standards for defending attorneys taking into consideration the following factors:

(a) The education, training, abilities, and experience of the defending attorney;

(b) The number of cases assigned to the defending attorney; and

(c) Case complexity;

(6) Provide training and continuing legal education approved by the Idaho state bar for defending attorneys and employees that promotes competency and consistency in case types defended by the state public defender;

(7) Require defending attorneys, contractors, and employees to keep appropriate records, consistent with uniform data-reporting requirements, respecting each person to whom the state public defender is responsible for providing defense, including but not limited to caseload, workload, and expenditures;

(8) Establish contracts both for contract defending attorneys, where utilized throughout the state or when caseload volumes require their use, and for conflict defending attorneys, when carrying out the purposes of this chapter. Contract pay rates shall be informed by the prevailing statewide market rate, local market conditions, and case complexity;

(9) Establish a uniform system for contracting with qualified attorneys to carry out the purposes of this chapter, including a system for application, payment for services, and reimbursement;

(10) Collaborate with district public defenders on the policies of the office and in the formation of a budget request sufficient to meet the state's constitutional obligation to provide indigent services, which the state public defender shall submit to the division of financial management as required by law; and

(11) Seek reimbursement from any applicable federal funds at the department of health and welfare for any allowable costs of representation or administrative costs for any representation authorized by this chapter, whether provided by employees of the office of the state public defender or by contract.

History:

[19-6005, added 2023, ch. 220, sec. 1, p. 663; am. 2024, ch. 270, sec. 3, p. 938; am. 2025, ch. 211, sec. 12, p. 978; am. 2025, ch. 329, sec. 4, p. 1356.]
Idaho Code § 19-4507 — Idaho Code / Title 19 / Chapter 45 / Section 19-4507
19-4507 ISSUE OF GOVERNOR'S WARRANT OF ARREST — RECITALS.
Status: in_force

19-4507. Issue of governor's warrant of arrest — Recitals. If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.

History:

[(19-4507) S.L. 1927, ch. 29, sec. 7, p. 31; I.C.A., sec. 19-4607; am. 2008, ch. 136, sec. 6, p. 387.]
Idaho Code § 19-1502 — Idaho Code / Title 19 / Chapter 15 / Section 19-1502
19-1502 PRESENCE OF DEFENDANT.
Status: in_force

19-1502. Presence of defendant. If the indictment is for a felony the defendant must be personally present; but if for a misdemeanor, he may appear upon the arraignment by counsel.

History:

[(19-1502) Cr. Prac. 1864, sec. 255, p. 244; R.S., R.C., & C.L., sec. 7711; C.S., sec. 8848; I.C.A., sec. 19-1402.]
Idaho Code § 19-3104 — Idaho Code / Title 19 / Chapter 31 / Section 19-3104
19-3104 MAKING OF APPLICATION.
Status: in_force

19-3104. Making of application. The application may be made to the court during the term thereof, or to the judge in vacation, and must be upon three days' notice to the prosecuting attorney.

History:

[(19-3104) Cr. Prac. 1864, sec. 554, p. 281; R.S., R.C., & C.L., sec. 8163; C.S., sec. 9143; I.C.A., sec. 19-3004.]
Idaho Code § 19-3916 — Idaho Code / Title 19 / Chapter 39 / Section 19-3916
19-3916 RETIREMENT OF JURY.
Status: in_force

19-3916. Retirement of jury. After hearing the proofs and allegations, the jury may decide in court, or may retire for consideration. If they do not immediately agree, an officer must be sworn to the following effect:

You do swear that you will keep this jury together in some quiet and convenient place; that you will not permit any person to speak to them, nor speak to them yourself unless by order of the court, or to ask them whether they have agreed upon a verdict, and that you will return them into court when they have so agreed or when ordered by the court.

History:

[(19-3916) Cr. Prac. 1864, sec. 606, p. 288; R.S., R.C., & C.L., sec. 8294; C.S., sec. 9242; I.C.A., sec. 19-4016.]
Idaho Code § 19-5602 — Idaho Code / Title 19 / Chapter 56 / Section 19-5602
19-5602 STATEMENT OF POLICY.
Status: in_force

19-5602. Statement of policy. The legislature finds that:

(1) Substance abuse is a contributing cause for much of the crime in Idaho, costs millions of dollars in productivity, contributes to the ever increasing jail and prison populations and adversely impacts Idaho children;

(2) Drug courts which closely supervise, monitor, test and treat substance abusers have proven effective in certain judicial districts in Idaho and in other states in reducing the incidence of drug use, drug addiction, and crimes committed as a result of drug use and drug addiction. Successful drug courts are based on partnerships among the courts, law enforcement, corrections and social welfare agencies;

(3) Mental illness is a substantial contributing cause to crime in Idaho. Crimes committed by persons suffering from mental illness cause substantial losses to persons and business throughout the state and endanger public safety. In addition, millions of dollars are spent each year on the incarceration, supervision and treatment of mentally ill offenders;

(4) Mental health courts in Idaho and other jurisdictions that closely supervise and monitor mentally ill adult and juvenile offenders and oversee their treatment are an innovative alternative to incarceration for certain offenders. Such courts, which can be operated in conjunction with drug courts, have provided a cost-effective approach to addressing the mental health needs of offenders, reducing recidivism, providing community protection, easing the caseload of the courts, and alleviating the problem of increasing prison, jail and detention populations; and

(5) It is in the best interests of the citizens of this state to expand the use of drug courts and mental health courts in Idaho.

The goals of the drug courts and mental health courts created by this chapter are to reduce the overcrowding of jails and prisons, to reduce alcohol and drug abuse and dependency among criminal and juvenile offenders, to hold offenders accountable, to reduce recidivism, and to promote effective interaction and use of resources among the courts, justice system personnel and community agencies.

History:

[19-5602, added 2001, ch. 337, sec. 1, p. 1197; am. 2005, ch. 358, sec. 3, p. 1130.]
Idaho Code § 19-5609 — Idaho Code / Title 19 / Chapter 56 / Section 19-5609
19-5609 MENTAL HEALTH COURTS.
Status: in_force

19-5609. Mental health courts. (1) The district court in each county may establish a mental health court which shall include a regimen of graduated sanctions and rewards, mental health and other appropriate treatment, close court monitoring and supervision of progress, educational or vocational counseling as appropriate, eligibility standards and other requirements as may be established by the district court, in accordance with standards developed by the Idaho supreme court drug court and mental health court coordinating committee. No person has a right to be admitted into a mental health court. A mental health court may be operated in conjunction with a drug court.

(2) The district court of each county that has implemented a mental health court shall annually evaluate the mental health court's effectiveness and provide a report to the supreme court as requested. If the mental health court is operated in conjunction with a drug court, a single report may be submitted for the drug court and mental health court. A report evaluating the effectiveness of mental health courts in the state shall be submitted to the governor and to the legislature by the first day of the legislative session each year.

History:

[19-5609, added 2005, ch. 358, sec. 8, p. 1132.]
Idaho Code § 19-202 — Idaho Code / Title 19 / Chapter 2 / Section 19-202
19-202 RESISTANCE BY THREATENED PARTY.
Status: in_force

19-202. Resistance by threatened party. (1) Resistance sufficient to prevent the offense may be made by the person about to be injured:

(a) To prevent an offense against his person, or his family, or some member thereof; or

(b) To prevent an illegal attempt by force to take or injure property in his lawful possession.

(2) The defensive display or declaration of a firearm by a person is justified when and to the extent a reasonable person would believe that physical force is necessary to protect the person or another person against the use or attempted use of unlawful physical force, including deadly force. The provisions of this subsection do not apply to someone who intentionally provokes another person to use or attempt to use unlawful physical force or deadly physical force. For purposes of this section, "defensive display or declaration of a firearm" shall include:

(a) Verbally informing another person that the person possesses or has available a firearm; and

(b) Exposing, displaying, or placing a person's hand on a firearm while the firearm is contained in a holster, pocket, purse, or other means of containment or transport in a manner that a reasonable person would understand was meant to protect the person or another against an unlawful use or attempted use of physical force or deadly physical force.

(3) The provisions of this section do not require a defensive display or declaration of a firearm before the use of physical force or deadly physical force, or threat of physical force or deadly physical force, by a person who is otherwise justified in the use or threatened use of physical force or deadly physical force.

(4) A person acting pursuant to this section may use such degree and extent of force as would appear to be reasonably necessary to prevent the threatened injury. Reasonableness is to be judged from the viewpoint of a reasonable person placed in the same position and seeing and knowing what the person then saw and knew without the benefit of hindsight.

History:

[19-202, added 1972, ch. 336, sec. 3, p. 983; am. 2018, ch. 222, sec. 4, p. 501; am. 2023, ch. 295, sec. 1, p. 896.]
Idaho Code § 19-2703 — Idaho Code / Title 19 / Chapter 27 / Section 19-2703
19-2703 EXECUTION OF JUDGMENT OF IMPRISONMENT.
Status: in_force

19-2703. Execution of judgment of imprisonment. If the judgment is for imprisonment, or a fine and imprisonment until it be paid, the defendant must forthwith be committed to the custody of the proper officer, and by him detained until the judgment is complied with.

History:

[(19-2703) Cr. Prac. 1864, sec. 452, p. 268; R.S., R.C., & C.L., sec. 8007; C.S., sec. 9050; I.C.A., sec. 19-2603.]
Idaho Code § 19-3013 — Idaho Code / Title 19 / Chapter 30 / Section 19-3013
19-3013 DEFINITIONS.
Status: in_force

19-3013. Definitions. As used in this act,

(a) "Witness" means a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by a grand jury or in any criminal action before a court.

(b) "Penal institutions" includes a jail, prison, penitentiary, house of correction, or other place of penal detention.

(c) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory of the United States.

History:

[19-3013, added 1959, ch. 10, sec. 1, p. 25.]
Idaho Code § 19-5803 — Idaho Code / Title 19 / Chapter 58 / Section 19-5803
19-5803 ADDRESS CONFIDENTIALITY — ELIGIBILITY.
Status: in_force

19-5803. address confidentiality — eligibility. (1) Law enforcement officers desiring that their Idaho residential street address and telephone number, and the Idaho residential street address and telephone number of their residing household member(s) be exempt from disclosure pursuant to this chapter and section 74-106(30), Idaho Code, may submit an application and a fee, if any, to the custodian of the public record that contains such information. Upon receipt of an application and fee, the public agency shall comply with the provisions of this chapter for a period of four (4) years. Thereafter, law enforcement officers may renew the exemption by submitting a new application and fee, if any. The public agency may establish a fee schedule not to exceed the actual cost to the agency of complying with the provisions of this chapter.

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

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

(4) Nothing in this chapter shall prevent a public agency from obtaining the residential street address and telephone number of a law enforcement officer and of any residing household member(s). A law enforcement officer who has submitted an application pursuant to the provisions of this chapter shall provide his or her current Idaho residential street address to his or her employing entity.

History:

[19-5803, added 2010, ch. 225, sec. 2, p. 506; am. 2011, ch. 151, sec. 9, p. 422; am. 2015, ch. 141, sec. 22, p. 403.]
Idaho Code § 19-4110 — Idaho Code / Title 19 / Chapter 41 / Section 19-4110
19-4110 TRIAL BY JURY.
Status: in_force

19-4110. Trial by jury. The trial must be by a jury, and conducted in all respects in the same manner as the trial of an indictment for a misdemeanor.

History:

[(19-4110) Cr. Prac. 1864, sec. 76, p. 222; R.S., R.C., & C.L., sec. 7454; C.S., sec. 8679; I.C.A., sec. 19-4210.]
Idaho Code § 19-5303 — Idaho Code / Title 19 / Chapter 53 / Section 19-5303
19-5303 COST OF MEDICAL EXAMS TO BE PAID BY LAW ENFORCEMENT AGENCY.
Status: in_force

19-5303. Cost of medical exams to be paid by law enforcement agency. When the victim of any crime is directed or authorized by a law enforcement agency to obtain a medical examination for the purpose of procuring evidence for use by a law enforcement agency in the investigation or prosecution of the crime, the expense incurred shall be paid by the law enforcement agency. Provided however, the cost of forensic and/or medical examinations of alleged victims of sexual assault shall be paid for from the crime victims compensation account, as established by section 72-1009, Idaho Code. The provisions of this section shall not be construed to require a law enforcement agency to bear the expense of any medical treatment of the victim.

History:

[(19-5303) 1984, ch. 191, sec. 1, p. 440; 1985, redesignated from 19-5302, ch. 122, sec. 7, p. 303; am. 2001, ch. 144, sec. 1, p. 512.]
Idaho Code § 19-4212 — Idaho Code / Title 19 / Chapter 42 / Section 19-4212
19-4212 INJUNCTIVE RELIEF AVAILABLE TO A PERSON NOT A PRISONER.
Status: in_force

19-4212. Injunctive relief available to a person not a prisoner. If a court finds that a person not a prisoner is being illegally restrained, the court may fashion appropriate injunctive relief to cure the illegality, including release.

History:

[19-4212, added 1999, ch. 376, sec. 2, p. 1031.]
Idaho Code § 19-4416 — Idaho Code / Title 19 / Chapter 44 / Section 19-4416
19-4416 COPY OF INVENTORY.
Status: in_force

19-4416. Copy of inventory. The magistrate must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken, and to the applicant for the warrant.

History:

[(19-4416) Cr. Prac. 1864, sec. 644, p. 293; R.S., R.C., & C.L., sec. 8405; C.S., sec. 9334; I.C.A., sec. 19-4516.]
Idaho Code § 19-4531 — Idaho Code / Title 19 / Chapter 45 / Section 19-4531
19-4531 SHORT TITLE.
Status: in_force

19-4531. Short title. This chapter may be cited as the "Uniform Criminal Extradition Act."

History:

[(19-4531) (19-4527) 1927, ch. 29, sec. 29, p. 31; I.C.A., sec. 19-4629; am. and redesig. 2008, ch. 136, sec. 28, p. 393.]
Idaho Code § 19-3506 — Idaho Code / Title 19 / Chapter 35 / Section 19-3506
19-3506 EFFECT OF DISMISSAL AS BAR — DISMISSAL FOR DIVERSION PARTICIPANT.
Status: in_force

19-3506. Effect of dismissal as bar — dismissal for diversion participant. (1) An order for the dismissal of the action, as provided in this chapter, is a bar to any other prosecution for the same offense, if it is a misdemeanor, except as provided in subsection (2) of this section; but it is not a bar if the offense is a felony.

(2) A prosecuting attorney may move for dismissal of a misdemeanor action, and the court may order such dismissal, if the defendant agrees to participate in a diversion program pursuant to section 19-3509, Idaho Code. The action may be refiled for failure to complete the diversion program, and speedy trial shall be calculated from the date of refiling.

History:

[(19-3506) Cr. Prac. 1864, sec. 586, p. 285; R.S., R.C., & C.L., sec. 8217; C.S., sec. 9181; I.C.A., sec. 19-3406; am. 2019, ch. 305, sec. 6, p. 912.]
Idaho Code § 19-2103 — Idaho Code / Title 19 / Chapter 21 / Section 19-2103
19-2103 ARGUMENT TO JURY.
Status: in_force

19-2103. Argument to jury. If the indictment is for an offense punishable with death, two (2) counsel on each side may argue the cause to the jury. If it is for any other offense, the court may, in its discretion, restrict the argument to one (1) counsel on each side.

History:

[(19-2103) Cr. Prac. 1864, sec. 356, p. 256; R.S., R.C., & C.L., sec. 7857; C.S., sec. 8943; I.C.A., sec. 19-2003.]
Idaho Code § 19-1120 — Idaho Code / Title 19 / Chapter 11 / Section 19-1120
19-1120 WITNESSES — ATTENDANCE.
Status: in_force

19-1120. Witnesses — Attendance. (1) A prosecuting attorney may call as a witness, in a special inquiry judge proceeding, any person suspected by him to possess information or knowledge relevant thereto and may issue legal process and subpoena to compel his attendance and the production of evidence.

(2) The special inquiry judge may cause to be called as a witness any person suspected by him to possess relevant information or knowledge. If the special inquiry judge desires to hear any such witness who was not called by a prosecuting attorney, it may direct the prosecuting attorney to issue and serve a subpoena upon such witness and the prosecuting attorney must comply with such direction.

History:

[19-1120, added 1980, ch. 251, sec. 5, p. 662.]
Idaho Code § 19-4411 — Idaho Code / Title 19 / Chapter 44 / Section 19-4411
19-4411 SERVICE OF WARRANT AT NIGHT.
Status: in_force

19-4411. Service of warrant at night. The magistrate must insert a direction in the warrant that it be served in the day time unless the affidavits are positive that the property is on the person or in the place to be searched, in which case he may insert a direction that it be served at any time of the day or night.

History:

[(19-4411) Cr. Prac. 1864, sec. 639, p. 292; R.S., R.C., & C.L., sec. 8400; C.S., sec. 9329; I.C.A., sec. 19-4511.]
Idaho Code § 19-4107 — Idaho Code / Title 19 / Chapter 41 / Section 19-4107
19-4107 FORM OF DENIAL.
Status: in_force

19-4107. Form of denial. If he denies the truth of the accusation, the denial may be oral and without oath, and must be entered upon the minutes.

History:

[(19-4107) Cr. Prac. 1864, sec. 73, p. 222; R.S., R.C., & C.L., sec. 7451; C.S., sec. 8676; I.C.A., sec. 19-4207.]
Idaho Code § 19-806 — Idaho Code / Title 19 / Chapter 8 / Section 19-806
19-806 FORM OF COMMITMENT.
Status: in_force

19-806. Form of commitment. The commitment for examination is made by an indorsement, signed by the magistrate on the warrant of arrest, to the following effect:

"The within named A.B. having been brought before me under this warrant, is committed for examination to the sheriff of ….."

If the sheriff is not present, the defendant may be committed to the custody of a peace officer.

History:

[(19-806) Cr. Prac. 1864, sec. 148, p. 231; R.S., R.C., & C.L., sec. 7570; C.S., sec. 8748; I.C.A., sec. 19-706.]
Idaho Code § 19-2130 — Idaho Code / Title 19 / Chapter 21 / Section 19-2130
19-2130 DECISION OF QUESTIONS OF LAW AND FACT — TRIAL FOR LIBEL.
Status: in_force

19-2130. Decision of questions of law and fact — Trial for libel. On the trial of an indictment for libel, the jury have the right to determine the law and the fact.

History:

[(19-2130) Cr. Prac. 1864, sec. 383, p. 259; R.S., R.C., & C.L., sec. 7884; C.S., sec. 8970; I.C.A., sec. 19-2030.]
Idaho Code § 19-2125 — Idaho Code / Title 19 / Chapter 21 / Section 19-2125
19-2125 DISCLOSURE OF FACTS KNOWN BY JUROR.
Status: in_force

19-2125. Disclosure of facts known by juror. If a juror has any personal knowledge respecting a fact in controversy in a cause, he must declare the same in open court during the trial. If, during the retirement of the jury, a juror declares a fact which could be evidence in the cause, as of his own knowledge, the jury may return into court. In either of these cases, the juror making the statement must be sworn as a witness and examined in the presence of the parties.

History:

[(19-2125) Cr. Prac. 1864, sec. 378, p. 258; R.S., R.C., & C.L., sec. 7879; C.S., sec. 8965; I.C.A., sec. 19-2025.]
Idaho Code § 19-2602 — Idaho Code / Title 19 / Chapter 26 / Section 19-2602
19-2602 VIOLATION OF PROBATION — ARREST.
Status: in_force

19-2602. Violation of probation — Arrest. If it is proved to the satisfaction of the court that the terms and conditions upon which the defendant was placed on probation by the court or any of them have been violated or for any other cause satisfactory to the court, the court may, at any time within the longest period for which the defendant might have been originally sentenced by judgment of the court, issue a bench warrant for the rearrest of the defendant.

History:

[(19-2602) 1915, ch. 104, part of sec. 1, p. 245; reen. C.L., sec. 8000; C.S., sec. 9044; I.C.A., sec. 19-2504.]
Idaho Code § 19-1710 — Idaho Code / Title 19 / Chapter 17 / Section 19-1710
19-1710 PLEA AFTER DISALLOWANCE.
Status: in_force

19-1710. Plea after disallowance. If the demurrer is disallowed, the court must permit the defendant at his election to plead, which he must do forthwith, or at such time as the court may direct. If he does not plead, the plea of not guilty must be entered for him.

History:

[(19-1710) Cr. Prac. 1864, sec. 292, p. 248; R.S., R.C., & C.L., sec. 7749; C.S., sec. 8877; I.C.A., sec. 19-1610.]
Idaho Code § 19-4908 — Idaho Code / Title 19 / Chapter 49 / Section 19-4908
19-4908 WAIVER OF OR FAILURE TO ASSERT CLAIMS.
Status: in_force

19-4908. Waiver of or failure to assert claims. All grounds for relief available to an applicant under this act must be raised in his original, supplemental or amended application. Any ground finally adjudicated or not so raised, or knowingly, voluntarily and intelligently waived in the proceeding that resulted in the conviction or sentence or in any other proceeding the applicant has taken to secure relief may not be the basis for a subsequent application, unless the court finds a ground for relief asserted which for sufficient reason was not asserted or was inadequately raised in the original, supplemental, or amended application.

History:

[19-4908, added 1967, ch. 25, sec. 8, p. 42.]
Idaho Code § 19-825 — Idaho Code / Title 19 / Chapter 8 / Section 19-825
19-825 RETURN OF PAPERS TO DISTRICT COURT.
Status: in_force

19-825. Return of papers to district court. When a magistrate has held a defendant to answer for the commission of a public offense, he must, without unnecessary delay and after the transcript of preliminary examination has been transcribed or the depositions of witnesses have been reduced to writing in compliance with section 19-812, Idaho Code, return to the clerk of the district court to which the defendant has been held to answer, the complaint, the warrant, if any, the transcript of preliminary examination or depositions of witnesses testifying at the preliminary examination, a certified copy of the transcript of his docket, the order holding defendant to answer, all undertakings of bail or for the appearance of witnesses taken by him, together with any other written documents on file which the magistrate is required by law to transmit to said district court.

History:

[(19-825) Cr. Prac. 1864, sec. 172, p. 234; R.S., R.C., & C.L., sec. 7589; C.S., sec. 8767; I.C.A., sec. 19-725; am. 1969, ch. 467, sec. 12, p. 1339.]
Idaho Code § 19-4403 — Idaho Code / Title 19 / Chapter 44 / Section 19-4403
19-4403 AFFIDAVIT OF PROBABLE CAUSE.
Status: in_force

19-4403. Affidavit of probable cause. A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person, and particularly describing the property and the place to be searched.

History:

[(19-4403) Cr. Prac. 1864, sec. 631, p. 291; R.S., R.C., & C.L., sec. 8392; C.S., sec. 9321; I.C.A., sec. 19-4503.]
Idaho Code § 19-1515 — Idaho Code / Title 19 / Chapter 15 / Section 19-1515
19-1515 QUESTION AS TO TRUE NAME OF DEFENDANT.
Status: in_force

19-1515. Question as to true name of defendant. When the defendant is arraigned he must be informed that if the name by which he is indicted is not his true name, he must then declare his true name, or be proceeded against by the name in the indictment. If he gives no other name the court may proceed accordingly; but if he alleges that another name is his true name, the court must direct an entry thereof in the minutes of the arraignment, and the subsequent proceedings on the indictment may be had against him by that name, referring also to the name by which he is indicted.

History:

[(19-1515) Cr. Prac. 1864, secs. 269-271, p. 246; R.S., R.C., & C.L., sec. 7723; C.S., sec. 8861; I.C.A., sec. 19-1415.]
Idaho Code § 19-2102 — Idaho Code / Title 19 / Chapter 21 / Section 19-2102
19-2102 WHEN ORDER MAY BE DEPARTED FROM.
Status: in_force

19-2102. When order may be departed from. When the state of the pleadings requires it, or in any other case for good reasons, and in the sound discretion of the court, the order prescribed in the last section may be departed from.

History:

[(19-2102) Cr. Prac. 1864, sec. 355, p. 256; R.S., R.C., & C.L., sec. 7856; C.S., sec. 8942; I.C.A., sec. 19-2002.]
Idaho Code § 19-226 — Idaho Code / Title 19 / Chapter 2 / Section 19-226
19-226 COMMAND OF ARMED FORCE.
Status: in_force

19-226. Command of armed force. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, or arresting the offenders, and is placed under the temporary direction of any civil officer, it must obey the orders in relation thereto of such civil officer.

History:

[(19-226) Cr. Prac. 1864, sec. 43, p. 218; R.S., R.C., & C.L., sec. 7405; C.S., sec. 8650; I.C.A., sec. 19-226.]
Idaho Code § 19-206 — Idaho Code / Title 19 / Chapter 2 / Section 19-206
19-206 SECURITY TO KEEP PEACE — INFORMATION OF THREATENED OFFENSE.
Status: in_force

19-206. Security to keep peace — Information of threatened offense. An information may be laid before any magistrate that a person has threatened to commit an offense against the person or property of another.

History:

[(19-206) Cr. Prac. 1864, sec. 19, p. 215; R.S., R.C., & C.L., sec. 7380; C.S., sec. 8630; I.C.A., sec. 19-206.]
Idaho Code § 19-101 — Idaho Code / Title 19 / Chapter 1 / Section 19-101
19-101 LEGAL CONVICTION NECESSARY TO PUNISHMENT.
Status: in_force

19-101. Legal conviction necessary to punishment. No person can be punished for a public offense except upon a legal conviction in a court having jurisdiction thereof.

History:

[(19-101) Cr. Prac. 1864, sec. 5, p. 214; R.S., R.C., & C.L., sec. 7350; C.S., sec. 8616; I.C.A., sec. 19-101.]
Idaho Code § 19-404 — Idaho Code / Title 19 / Chapter 4 / Section 19-404
19-404 ABSENCE OF DEFENDANT FROM STATE.
Status: in_force

19-404. Absence of defendant from state. If, when the offense is committed, the defendant is out of the state, the indictment may be found within the term herein limited after his coming within the state, and no time during which the defendant is not an inhabitant of, or usually resident within, the state is part of the limitation.

History:

[19-404, added 1972, ch. 336, sec. 5, p. 986.]
Idaho Code § 19-3007 — Idaho Code / Title 19 / Chapter 30 / Section 19-3007
19-3007 SERVICE OF SUBPOENA.
Status: in_force

19-3007. Service of subpoena. A subpoena may be served by any person, but a peace officer must serve in his county any subpoena delivered to him for service, either on the part of the people or of the defendant, and must, without delay, make a written return of the service, subscribed by him, stating the time and place of service. The service is made by showing the original to the witness personally and informing him of its contents.

History:

[(19-3007) Cr. Prac. 1864, secs. 541, 542, p. 279; R.S., R.C., & C.L., sec. 8150; C.S., sec. 9134; I.C.A., sec. 19-2906.]
Idaho Code § 19-1118 — Idaho Code / Title 19 / Chapter 11 / Section 19-1118
19-1118 SPECIAL INQUIRY JUDGE — DISQUALIFICATION FROM SUBSEQUENT PROCEEDINGS.
Status: in_force

19-1118. Special inquiry judge — Disqualification from subsequent proceedings. The judge serving as a special inquiry judge shall be disqualified from acting as a magistrate or judge in any subsequent court proceeding arising from such inquiry except alleged contempt for neglect or refusal to appear, testify or provide evidence at such inquiry in response to an order, summons or subpoena.

History:

[19-1118, added 1980, ch. 251, sec. 3, p. 662.]
Idaho Code § 19-3947 — Idaho Code / Title 19 / Chapter 39 / Section 19-3947
19-3947 COUNTY MISDEMEANOR PROBATION OFFICE SERVICES.
Status: in_force

19-3947. County misdemeanor probation office services. Misdemeanor probation office services shall be as provided in section 31-878, Idaho Code.

History:

[19-3947, added 2008, ch. 88, sec. 2, p. 243.]
Idaho Code § 19-4209 — Idaho Code / Title 19 / Chapter 42 / Section 19-4209
19-4209 PROCEDURES GOVERNING PRISONER HABEAS CORPUS PROCEEDINGS.
Status: in_force

19-4209. Procedures governing prisoner habeas corpus proceedings. (1) The court may dismiss with prejudice a petition for writ of habeas corpus under this section, in whole or in part, prior to service of the petition on the respondent, if the court finds:

(a) The petition is frivolous as defined in section 12-122, Idaho Code;

(b) The petition has been brought maliciously or solely to harass;

(c) The petition fails to state a claim of constitutional violation upon which relief can be granted;

(d) The alleged constitutional deprivation is de minimis in nature; or

(e) The relief sought is monetary damages or the return of property.

(2) If the court finds that the petition should not be dismissed, then:

(a) The court shall mail a copy of the petition and order of response to the respondent or the respondent's counsel, if known;

(b) A response must be filed within thirty (30) days from the date the respondent or the respondent's counsel is served with the petition and order for response. If the court finds that exigent circumstances exist which warrant an earlier response, the court shall set forth those circumstances and the allowed time for response; and

(c) If the court dismisses the petition in part, the court may specify which issues and/or allegations remain at issue for response.

(3) If the court orders a response to a petition for writ of habeas corpus under this section, the respondent may file any responsive motion or pleading allowed by Idaho rules of civil procedure.

(4) Upon the filing of a responsive motion or pleading, a prisoner may file a reply to the response or the court may order a reply to the response on its own motion. The court should consider any reply filed only to the extent it is relevant to the issues and allegations raised in the original petition for writ of habeas corpus.

(5) With respect to a petition filed by an in-state prisoner the court should not grant a writ of habeas corpus or order an evidentiary hearing under this section unless, after reviewing the petition for writ of habeas corpus, the response and the reply, if any, the court finds that the prisoner's state or federal constitutional rights may have been violated relative to:

(a) Conditions of confinement;

(b) Revocation of parole;

(c) Miscalculation of his sentence;

(d) Loss of good time credits; or

(e) A detainer lodged against him.

If, after review under this subsection, the court finds that the allegations do not state a state or federal constitutional claim, the court may dismiss the petition without a hearing.

(6) With respect to a petition filed by an out-of-state prisoner, the court should not grant a writ of habeas corpus or order an evidentiary hearing under this section unless, after reviewing the petition for writ of habeas corpus, the response and the reply, if any, the court finds that the out-of-state prisoner's state or federal constitutional rights may have been violated relative to the out-of-state prisoner's conditions of confinement. If, after review under this subsection, the court finds that the allegations do not state a state or federal constitutional claim, the court may dismiss the petition without a hearing.

(7) If the court issues a writ of habeas corpus and sets the matter for evidentiary hearing, the following shall apply:

(a) The hearing shall be set as expeditiously as possible and may be at a place convenient for the court and the parties, including the institution or the state, local or private correctional facility where the prisoner is confined;

(b) The burden of proof during an evidentiary hearing pursuant to a petition for writ of habeas corpus lies with the prisoner; and

(c) As soon as possible after the conclusion of the hearing, the court shall enter its findings of fact and conclusions of law, and either dismiss the petition in part or in its entirety, or grant injunctive relief consistent with this act.

History:

[19-4209, added 1999, ch. 376, sec. 2, p. 1029; am. 2000, ch. 271, sec. 5, p. 781.]
Idaho Code § 19-3901A — Idaho Code / Title 19 / Chapter 39 / Section 19-3901A
19-3901A FAILURE TO OBEY CITATION FOR MISDEMEANOR.
Status: in_force

19-3901A. Failure to obey citation for misdemeanor. (a) It shall be unlawful for any person to fail to appear in court at the time promised on a misdemeanor citation or to fail to appear at the time indicated on a misdemeanor citation served upon the defendant, regardless of the disposition of the charge upon which such citation was originally issued.

(b) The duty to appear in court at the time indicated in a misdemeanor citation may be complied with by an appearance by counsel in the manner prescribed by rule of the supreme court.

(c) Violation of the provisions of this section shall be a misdemeanor.

History:

[19-3901A, added 1983, ch. 25, sec. 3, p. 68.]
Idaho Code § 19-1706 — Idaho Code / Title 19 / Chapter 17 / Section 19-1706
19-1706 JUDGMENT ON DEMURRER.
Status: in_force

19-1706. Judgment on demurrer. Upon considering the demurrer, the court must give judgment either allowing or disallowing it, and an order to that effect must be entered upon the minutes.

History:

[(19-1706) Cr. Prac. 1864, sec. 288, p. 248; R.S., R.C., & C.L., sec. 7745; C.S., sec. 8873; I.C.A., sec. 19-1606.]
Idaho Code § 19-4002 — Idaho Code / Title 19 / Chapter 40 / Section 19-4002
19-4002 ARTICLES OF IMPEACHMENT — PREPARATION AND TRIAL.
Status: in_force

19-4002. Articles of impeachment — Preparation and trial. All impeachments must be by resolution adopted and originated in the house of representatives, and conducted by managers elected by the house, who must prepare articles of impeachment, present them at the bar of the senate, and prosecute the same. The trial must be had before the senate, sitting as a court of impeachment.

History:

[(19-4002) Cr. Prac. 1864, sec. 50, p. 219; R.S., R.C., & C.L., sec. 7426; C.S., sec. 8655; I.C.A., sec. 19-4102.]
Idaho Code § 19-6014 — Idaho Code / Title 19 / Chapter 60 / Section 19-6014
19-6014 FACILITIES.
Status: in_force

19-6014. Facilities. A defending attorney is entitled to use the same state facilities for the evaluation of evidence as are available to the county prosecutor. If the defending attorney considers the use of the state facilities impractical, the court concerned may authorize the use of private facilities, to be paid for by the state public defender.

History:

[(19-6014) 19-861, added 1967, ch. 181, sec. 11, p. 599; am. 2014, ch. 247, sec. 7, p. 620; am. and redesig. 2023, ch. 220, sec. 10, p. 672.]
Idaho Code § 19-519 — Idaho Code / Title 19 / Chapter 5 / Section 19-519
19-519 NOTICE OF DEFENSE OF ALIBI.
Status: in_force

19-519. Notice of defense of alibi. (1) At any time after arraignment before a magistrate upon a complaint and upon written demand of the prosecuting attorney, the defendant shall serve, within ten (10) days or at such different time as the court may direct, upon the prosecuting attorney, a written notice of his intention to offer a defense of alibi. Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi.

(2) Within ten (10) days after receipt of the defendant's notice of alibi but in no event less than ten (10) days before trial, unless the court otherwise directs, the prosecuting attorney shall serve upon the defendant or his attorney a written notice stating the names and addresses of the witnesses upon whom the prosecution intends to rely to establish the defendant's presence at the scene of the alleged offense and any other witnesses to be relied on to rebut testimony of any of the defendant's alibi witnesses.

(3) If prior to or during trial a party learns of an additional witness whose identity, if known, should have been included in the information furnished under subsection (1) or subsection (2) of this section, the party shall promptly notify the other party or his attorney of the existence and identity of such additional witness.

(4) Upon the failure of either party to comply with the requirements of this section, the court may exclude the testimony of any undisclosed witness offered by such party as to the defendant's absence from or presence at, the scene of the alleged offense. This section shall not limit the right of the defendant to testify in his own behalf.

(5) For good cause shown the court may grant an exception to any of the requirements of subsections (1) through (4) of this section.

History:

[19-519, added 1978, ch. 301, sec. 1, p. 758.]
Idaho Code § 19-5701 — Idaho Code / Title 19 / Chapter 57 / Section 19-5701
19-5701 PURPOSE.
Status: in_force

19-5701. Purpose. The legislature finds that persons attempting to escape from actual or threatened domestic violence, sexual assault, stalking, human trafficking or malicious harassment frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence, sexual assault, malicious harassment, human trafficking or stalking, to enable interagency cooperation with the secretary of state in providing address confidentiality for victims of domestic violence, sexual assault, malicious harassment, human trafficking or stalking, and to enable state and local agencies to accept a program participant's use of an address designated by the secretary of state as a substitute mailing address.

History:

[19-5701, added 2008, ch. 232, sec. 1, p. 703; am. 2018, ch. 112, sec. 1, p. 227.]
Idaho Code § 19-4516 — Idaho Code / Title 19 / Chapter 45 / Section 19-4516
19-4516 BAIL — IN WHAT CASES — CONDITIONS OF BOND.
Status: in_force

19-4516. Bail — In what cases — Conditions of bond. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the governor of this state.

History:

[(19-4516) 1927, ch. 29, sec. 16, p. 31; I.C.A., sec. 19-4616; am. 2002, ch. 130, sec. 1, p. 360; am. 2008, ch. 136, sec. 17, p. 390.]
Idaho Code § 19-4201 — Idaho Code / Title 19 / Chapter 42 / Section 19-4201
19-4201 SHORT TITLE.
Status: in_force

19-4201. Short title. Sections 19-4201 through 19-4226, Idaho Code, shall be known and may be cited as the "Idaho Habeas Corpus and Institutional Litigation Procedures Act."

History:

[19-4201, added 1999, ch. 376, sec. 2, p. 1027.]
Idaho Code § 19-5117 — Idaho Code / Title 19 / Chapter 51 / Section 19-5117
19-5117 POWERS OF THE COUNCIL — STANDARDS OF TRAINING, EDUCATION AND EMPLOYMENT OF COUNTY DETENTION OFFICERS — CERTIFICATION — PENALTIES.
Status: in_force

19-5117. Powers of the council — Standards of training, education and employment of county detention officers — Certification — Penalties. (1) It shall be the duty of and the council shall have the power:

(a) To establish the requirements of minimum basic training which county detention officers shall complete in order to be eligible for permanent employment as a county detention officer;

(b) To establish such basic training and certification so that it can be completed within one (1) year of employment as a county detention officer;

(c) To establish the requirements of minimum training standards for employment as a county detention officer in probationary, temporary, part-time and/or emergency situations;

(d) To certify county detention officers as having completed all requirements established by the council in order to be eligible for permanent employment as a county detention officer;

(e) To receive applications for financial assistance from counties and disburse available state funds to the counties for salaries and allowable living expenses or any part thereof, incurred while in attendance at approved training programs and schools, as authorized by the council. The annual reimbursement authorized by this section shall not exceed the funds available for such purpose and authorized by section 31-3201B, Idaho Code;

(f) To maintain permanent files and transcripts for all county detention officers certified by the council to include any additional courses or advance courses of instruction successfully completed by such county detention officers while employed in this state and to include the law enforcement employment history by agency and dates of service of the officer. Such information shall be made available to any law enforcement agency upon request when a person applies for employment at the requesting law enforcement agency.

(2) Any county detention officer employed after July 1, 1997, shall be trained and certified within one (1) year of employment. Current county detention officers, who were employed prior to July 1, 1997, shall comply with the training and certification provisions of this section by July 1, 1999.

History:

[19-5117, added 1997, ch. 84, sec. 4, p. 203; am. 2009, ch. 115, sec. 2, p. 372.]
Idaho Code § 19-4526 — Idaho Code / Title 19 / Chapter 45 / Section 19-4526
19-4526 INTERPRETATION.
Status: in_force

19-4526. Interpretation. The provisions of this chapter shall be so interpreted and construed as to effectuate the general purposes to make uniform the law of those states which enact it.

History:

[(19-4526) 1927, ch. 29, sec. 26, p. 31; I.C.A., sec. 19-4626; am. 2008, ch. 136, sec. 27, p. 393.]
Idaho Code § 19-1423 — Idaho Code / Title 19 / Chapter 14 / Section 19-1423
19-1423 PLEADING PRIVATE STATUTES.
Status: in_force

19-1423. Pleading private statutes. In pleading a private statute, or a right derived therefrom, it is sufficient to refer to the statute by its title and the day of its passage, and the court must thereupon take judicial notice thereof.

History:

[(19-1423) Cr. Prac. 1864, sec. 246, p. 243; R.S., R.C., & C.L., sec. 7690; C.S., sec. 8838; I.C.A., sec. 19-1323.]
Idaho Code § 19-2902 — Idaho Code / Title 19 / Chapter 29 / Section 19-2902
19-2902 STATEMENT OF POLICY.
Status: in_force

19-2902. sTATEMENT OF policy. (1) The legislature finds and declares that:

(a) Bail, in criminal cases, is a constitutional right subject to certain limitations;

(b) It is necessary to establish a statewide process to uniformly implement this right and the limitations.

(2) The purpose of this chapter is to provide a uniform and comprehensive statewide process for the administration of bail in criminal cases in order to:

(a) Ensure the appearance of defendants before the courts;

(b) Protect the right of defendants to bail, as constitutionally provided; and

(c) Ensure the protection and safety of victims, witnesses and the public.

History:

[19-2902, added 2009, ch. 90, sec. 2, p. 260.]
Idaho Code § 19-3504 — Idaho Code / Title 19 / Chapter 35 / Section 19-3504
19-3504 DISMISSAL ON MOTION OF COURT OR PROSECUTING ATTORNEY.
Status: in_force

19-3504. Dismissal on motion of court or prosecuting attorney. The court may, either of its own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action or indictment to be dismissed. The reasons of the dismissal must be set forth in an order entered upon the minutes.

History:

[(19-3504) Cr. Prac. 1864, sec. 584, p. 285; R.S., R.C., & C.L., sec. 8215; C.S., sec. 9179; I.C.A., sec. 19-3404.]
Idaho Code § 19-812 — Idaho Code / Title 19 / Chapter 8 / Section 19-812
19-812 TRANSCRIPT OF PRELIMINARY EXAMINATION.
Status: in_force

19-812. Transcript of preliminary examination. In all cases which must afterward be investigated by the grand jury, or prosecuted by information, the preliminary examination must be taken and as ordered by the district court duly transcribed, unless the person charged with the offense shall waive his right to such examination, and the same can not be unreasonably delayed by either party.

A verbatim record of the proceedings and evidence at the preliminary examination before a magistrate shall be maintained either by electrical devices or by stenographic means as the magistrate may direct, but if any party to the action requests stenographic reporting of the proceedings, the reporting shall be done stenographically. The requesting party shall pay the costs of reporting the proceedings.

The opening statements and closing argument of counsel for the parties need not be transcribed and made a part of the transcript unless the transcription of the same is requested in advance by either of such parties.

The transcript of the proceedings and evidence at the preliminary examination shall be certified to as true and correct by the stenographer or by the person designated to transcribe the proceedings from the electrical devices.

History:

[(19-812) R.S., sec. 7576; am. 1905, p. 376; reen. R.C., sec. 7576; compiled and reen. C.L., sec. 7576; C.S., sec. 8754; I.C.A., sec. 19-712; am. 1969, ch. 467, sec. 6, p. 1339; am. 1971, ch. 73, sec. 1, p. 167; am. 1979, ch. 206, sec. 1, p. 589.]
Idaho Code § 19-1016 — Idaho Code / Title 19 / Chapter 10 / Section 19-1016
19-1016 SPECIAL GRAND JURY — CONTENTS AND DELIVERY OF ORDER.
Status: in_force

19-1016. Special grand jury — Contents and delivery of order. The order must require the sheriff to summon twenty persons, qualified to serve as grand jurors, to appear at a time specified, and a copy thereof, under the seal of the court, must, by the clerk be delivered to the sheriff.

History:

[(19-1016) Cr. Prac. 1864, sec. 193. p. 236; R.S., R.C., & C.L., sec. 7622; C.S., sec. 8786; I.C.A., sec. 19-916.]
Idaho Code § 19-3211 — Idaho Code / Title 19 / Chapter 32 / Section 19-3211
19-3211 DEATH OR DISABILITY OF AGENT.
Status: in_force

19-3211. Death or disability of agent. If the agent is dead, or from sickness or other casualty unable personally to deliver the commission and return, as prescribed in the last section, it may be received by the clerk or judge from any other person, upon his making an affidavit that he received it from the agent, that the agent is dead, or from sickness or other casualty unable to deliver it; that it has not been opened or altered since the person making the affidavit received it; and that he believes it has not been opened or altered since it came from the hands of the commissioner.

History:

[(19-3211) Cr. Prac. 1864, sec. 565, p. 282; R.S., R.C., & C.L., sec. 8186; C.S., sec. 9162; I.C.A., sec. 19-3111.]
Idaho Code § 19-106 — Idaho Code / Title 19 / Chapter 1 / Section 19-106
19-106 RIGHTS OF DEFENDANT.
Status: in_force

19-106. Rights of defendant. In a criminal action the defendant is entitled:

1. To a speedy and public trial.

2. To be allowed counsel as in civil actions, or to appear and defend in person and with counsel.

History:

[(19-106) Cr. Prac. 1864, sec. 10. p. 214, first two subds.; R.S., R.C., & C.L., sec. 7355; C.S., sec. 8621; I.C.A., sec. 19-106.]
Idaho Code § 19-227 — Idaho Code / Title 19 / Chapter 2 / Section 19-227
19-227 PROCLAMATION OF INSURRECTION.
Status: in_force

19-227. Proclamation of insurrection. When the governor is satisfied that the execution of civil or criminal process has been forcibly resisted in any county by bodies of men, or that combinations to resist the execution of process by force exist in any county, and that the power of the county has been exerted and has not been sufficient to enable the officer having the process to execute it, he may, on the application of the officer or of the prosecuting attorney, by proclamation to be published in such papers as he shall direct, declare the county to be in a state of insurrection and may order into the service of the state such number and description of volunteer or uniform companies, or other militia of the state as he shall deem necessary to serve for such term, and under the command of such officer or officers, as he shall direct.

History:

[(19-227) Cr. Prac. 1864, sec. 46, p. 218; R.S., R.C., & C.L., sec. 7406; C.S., sec. 8651; I.C.A., sec. 19-227; am. 2012, ch. 20, sec. 6, p. 67.]
Idaho Code § 19-205 — Idaho Code / Title 19 / Chapter 2 / Section 19-205
19-205 PREVENTION BY PERSONS ASSISTING OFFICERS.
Status: in_force

19-205. Prevention by persons assisting officers. When the officers of justice are authorized to act in the prevention of public offenses, other persons who, by their command, act in their aid, are justified in so doing.

History:

[19-205, added 1972, ch. 336, sec. 3, p. 983.]
Idaho Code § 19-5118 — Idaho Code / Title 19 / Chapter 51 / Section 19-5118
19-5118 POWER OF THE COUNCIL TO ESTABLISH AND ASSESS FEES.
Status: in_force

19-5118. power of the council to establish and assess fees. (1) The council may establish and assess fees for:

(a) The use of its facilities and equipment by private entities and non-law enforcement institutions;

(b) The use of its facilities and equipment by law enforcement agencies for purposes other than basic training; and

(c) Facilitating, arranging, providing or assisting with the training, certification or continuing education requirements of private entities, non-law enforcement institutions and law enforcement agencies.

(2) The council shall deposit assessed fees into the peace officer standards and training fund established in section 19-5116, Idaho Code. The council may expend moneys as deemed necessary to cover the costs for the uses identified in this section.

History:

[19-5118, added 2012, ch. 166, sec. 1, p. 447.]
Idaho Code § 19-1601 — Idaho Code / Title 19 / Chapter 16 / Section 19-1601
19-1601 GROUNDS FOR SETTING ASIDE INDICTMENT.
Status: in_force

19-1601. Grounds for setting aside indictment. The indictment must be set aside by the court in which the defendant is arraigned, upon his motion, in either of the following cases:

1. When it is not found, endorsed and presented as prescribed in this code.

2. When the names of the witnesses examined before the grand jury, or whose depositions may have been read before them, are not inserted at the foot of the indictment, or endorsed thereon.

3. When a person is permitted to be present during the session of the grand jury, and when the charge embraced in the indictment is under consideration, except as provided in chapter 11 of this title.

4. When the defendant has not been held to answer before the finding of the indictment, on any ground which would have been good ground for challenge, either to the panel or to any individual grand juror.

History:

[(19-1601) Cr. Prac. 1864, secs. 274, 275, pp. 246 and 247; R.S., R.C., & C.L., sec. 7730; C.S., sec. 8863; I.C.A., sec. 19-1501; am. 1970, ch. 60, sec. 3, p. 146; am. 2003, ch. 140, sec. 1, p. 408.]
Idaho Code § 19-1203 — Idaho Code / Title 19 / Chapter 12 / Section 19-1203
19-1203 COURT MAY ORDER BENCH WARRANT.
Status: in_force

19-1203. Court may order bench warrant. If the facts stated in the presentment constitute a public offense, triable in the county, the court must direct the clerk to issue a bench warrant for the arrest of the defendant.

History:

[(19-1203) Cr. Prac. 1864, sec. 220, p. 239; R.S., R.C., & C.L., sec. 7649; C.S., sec. 8804; I.C.A., sec. 19-1103.]
Idaho Code § 19-5005 — Idaho Code / Title 19 / Chapter 50 / Section 19-5005
19-5005 ESCAPE FROM CUSTODY OBTAINED PURSUANT TO REQUEST FOR FINAL DISPOSITION — EFFECT.
Status: in_force

19-5005. Escape from custody obtained pursuant to request for final disposition — Effect. Escape from custody while in another state pursuant to the agreement on detainers and escape from custody in this state by any prisoner subsequent to his execution of a request for final disposition of an untried indictment, information or complaint voids the request.

History:

[19-5005, added 1971, ch. 167, sec. 5, p. 790.]
Idaho Code § 19-3928 — Idaho Code / Title 19 / Chapter 39 / Section 19-3928
19-3928 GROUNDS FOR ARREST OF JUDGMENT.
Status: in_force

19-3928. Grounds for arrest of judgment. The motion in arrest of judgment may be founded on any substantial defect in the complaint, and the effect of an arrest of judgment is to place the defendant in the same situation in which he was before the trial was had.

History:

[(19-3928) Cr. Prac. 1864, sec. 620, p. 289; R.S., R.C., & C.L., sec. 8306; C.S., sec. 9254; I.C.A., sec. 19-4028.]
Idaho Code § 19-2312 — Idaho Code / Title 19 / Chapter 23 / Section 19-2312
19-2312 CONVICTION OF INCLUDED OFFENSE.
Status: in_force

19-2312. Conviction of included offense. The jury may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged in the indictment, or of an attempt to commit the offense.

History:

[(19-2312) Cr. Prac. 1864, sec. 411, p. 262; R.S., R.C., & C.L., sec. 7926; C.S., sec. 8997; I.C.A., sec. 19-2212.]
Idaho Code § 19-610 — Idaho Code / Title 19 / Chapter 6 / Section 19-610
19-610 WHAT FORCE MAY BE USED.
Status: in_force

19-610. What force may be used. When the arrest is being made by an officer under the authority of a warrant or when the arrest is being made without a warrant but is supported by probable cause to believe that the person has committed an offense, after information of the intention to make the arrest, if the person to be arrested either flees or forcibly resists, the officer may use all reasonable and necessary means to effect the arrest and will be justified in using deadly force under conditions set out in section 18-4011, Idaho Code.

History:

[(19-610) Cr. Prac. 1864, sec. 128, p. 229; R.S., R.C., & C.L., sec. 7547; C.S., sec. 8733; I.C.A., sec. 19-610; am. 1986, ch. 303, sec. 1, p. 754; am. 1987, ch. 117, sec. 1, p. 231.]
Idaho Code § 19-315 — Idaho Code / Title 19 / Chapter 3 / Section 19-315
19-315 CONVICTION OR ACQUITTAL IN ANOTHER STATE.
Status: in_force

19-315. Conviction or acquittal in another state. When an act charged as a public offense, is within the venue of another state, territory, or country, as well as of this state, a conviction or acquittal thereof in the former is a bar to the prosecution or indictment therefor in this state.

History:

[19-315, added 1972, ch. 336, sec. 4, p. 986; am. 1986, ch. 289, sec. 15, p. 731.]
Idaho Code § 19-5902 — Idaho Code / Title 19 / Chapter 59 / Section 19-5902
19-5902 LEGISLATIVE INTENT.
Status: in_force

19-5902. legislative intent. The legislature recognizes that the cost of legal representation of indigent defendants upon the appeal of their criminal convictions, particularly convictions for first-degree murder, is an extraordinary burden on the counties of this state. In order to reduce this burden and provide competent counsel, but avoid paying high hourly rates to independent counsel to represent indigent defendants in appellate proceedings, the legislature finds it necessary to create the office of the state appellate public defender.

History:

[19-5902, added 2021, ch. 164, sec. 2, p. 466.]
Idaho Code § 19-6004 — Idaho Code / Title 19 / Chapter 60 / Section 19-6004
19-6004 STATE PUBLIC DEFENDER — APPOINTMENT — TERM — PROHIBITED CONDUCT — REMOVAL — VACANCIES — REAPPOINTMENT — COMPENSATION.
Status: in_force

19-6004. STATE PUBLIC DEFENDER — APPOINTMENT — TERM — PROHIBITED CONDUCT — REMOVAL — VACANCIES — reappointment — COMPENSATION. (1) The state public defender shall reside in the office of the state public defender and shall be appointed by the governor, in a manner consistent with subsection (6) of this section, to serve a four (4) year term.

(2) The state public defender must meet the following qualifications on the effective date of appointment:

(a) Be at least thirty (30) years of age;

(b) Be a citizen of the United States;

(c) Have held a license to practice law or a judicial office in one (1) or more jurisdictions of the United States for at least five (5) continuous years immediately preceding the appointment;

(d) Be or become an active member of the Idaho state bar within one (1) year of appointment and remain an active member in good standing thereafter; and

(e) Have at least five (5) years of criminal defense experience.

(3) The state public defender shall not:

(a) Engage in the practice of law outside his role in the office of the state public defender, except for the practice of law that is permitted for a judge by the Idaho code of judicial conduct;

(b) Hold or be a candidate for any federal, state, county, municipal, judicial, district, or other elective office; provided, however, this paragraph does not prohibit the state public defender from seeking appointment to another office, including state or federal judicial office;

(c) Serve as the agent, representative, officer, political treasurer, or employee, whether for profit or otherwise, of any political party, political committee, or candidate, as such terms are defined in chapter 1, title 34, Idaho Code, and chapter 66, title 67, Idaho Code; or

(d) Hold any other public or private sector position, for profit or otherwise, except for volunteer positions that are not inconsistent with the duties of the state public defender.

(4) The state public defender may be removed from office by the governor for failing to retain the qualifications of his office provided in subsection (2) of this section, for engaging in prohibited conduct set forth in subsection (3) of this section, or for good cause shown. If the state public defender is removed from office, the governor shall provide the house of representatives and the senate written notice of the removal, the effective date of removal, and the reason or reasons therefor.

(5) If the state public defender resigns, dies, or is removed from office as provided by law, the governor shall appoint a person who meets the qualifications established in this section, in a manner consistent with subsection (6) of this section, to fill the unexpired term.

(6) The governor shall appoint a state public defender in the following manner:

(a) Whenever a vacancy arises in the position of state public defender, the governor shall appoint a panel with seven (7) members, with one (1) panel member appointed from the membership of each of the seven (7) district magistrates commissions. Not less than two (2) but not more than (3) panel members shall be attorneys, not more than two (2) but not less than one (1) panel member shall be a county commissioner, and one (1) member shall be a mayor. The governor shall not appoint to the panel any member of a district magistrates commission who is a judge, who is employed as a criminal prosecutor, or who otherwise prosecutes or aids in the prosecution of criminal cases, or any person employed in a law enforcement agency. The governor shall select a member of the panel to serve as chairman. The provisions of section 1-2203B(4), Idaho Code, regarding current or former law partners shall apply to any attorney serving on the panel. Members of the panel shall be compensated by the office of the state public defender as provided in section 59-509(b), Idaho Code.

(b) It shall be the duty of the panel to recruit applicants, review candidates, and submit to the governor a list of not less than three (3), but not more than five (5), attorneys who meet the qualifications established in this chapter, and the governor shall appoint the state public defender from the list, with the advice and consent of the senate. If three (3) qualified candidates or fewer apply, the panel shall submit all applicants to the governor and may communicate to the governor or the governor's representative, in executive session pursuant to section 74-206(1)(a), Idaho Code, a ranking of the applicants, and the governor shall appoint the state public defender from the list, with the advice and consent of the senate. The governor and the office of the state public defender may assist the panel in drawing the largest pool of qualified applicants.

(c) Once the governor appoints the state public defender, the panel shall disband until reconstituted by the governor consistent with this section.

(7) When the state public defender's term expires under the law, the governor may reappoint the state public defender to subsequent four (4) year terms, with the advice and consent of the senate, or the governor may constitute a panel consistent with subsection (6) of this section to nominate candidates and appoint a state public defender from the list produced by the panel, with the advice and consent of the senate.

(8) The state public defender shall be compensated in an amount determined by the governor.

History:

[19-6004, added 2023, ch. 220, sec. 1, p. 662.]
Idaho Code § 19-229 — Idaho Code / Title 19 / Chapter 2 / Section 19-229
19-229 REVOCATION OF PROCLAMATION.
Status: in_force

19-229. Revocation of proclamation. The governor may, when he thinks proper, revoke the proclamation authorized by the last section, or declare that it shall cease at the time and in the manner directed by him.

History:

[(19-229) Cr. Prac. 1864, sec. 47, p. 219; R.S., R.C., & C.L., sec. 7408; C.S., sec. 8653; I.C.A., sec. 19-229.]
Idaho Code § 19-2210 — Idaho Code / Title 19 / Chapter 22 / Section 19-2210
19-2210 EXPENSES TO BE PAID BY WHAT COUNTY.
Status: in_force

19-2210. Expenses to be paid by what county. When two (2) or more counties are joined for judicial purposes, the expense of the trial of a cause must be paid by the county where the offense is alleged to have been committed.

History:

[(19-2210) Cr. Prac. 1864, sec. 400, p. 261; R.S., R.C., & C.L., sec. 7909; C.S., sec. 8985; I.C.A., sec. 19-2110.]
Idaho Code § 19-1713 — Idaho Code / Title 19 / Chapter 17 / Section 19-1713
19-1713 FORM OF PLEAS.
Status: in_force

19-1713. Form of pleas. Every plea must be oral, and entered upon the minutes of the court in substantially the following form:

1. If the defendant pleads guilty: "The defendant pleads that he is guilty of the offense charged."

2. If he pleads not guilty: "The defendant pleads that he is not guilty of the offense charged."

3. If he pleads a former conviction or acquittal: "The defendant pleads that he has already been convicted (or acquitted) of the offense charged by the judgment of the court of …. (naming it) rendered at …. (naming the place), on the …. day of ….."

4. If he pleads once in jeopardy: "The defendant pleads that he has been once in jeopardy for the offense charged (specifying the time, place and court)."

History:

[(19-1713) Cr. Prac. 1864, secs. 295, 296, p. 248; R.S., R.C., & C.L., sec. 7756; C.S., sec. 8880; I.C.A., sec. 19-1613.]
Idaho Code § 19-2026 — Idaho Code / Title 19 / Chapter 20 / Section 19-2026
19-2026 EXAMINATION OF WITNESSES.
Status: in_force

19-2026. Examination of witnesses. Other witnesses may also be examined on either side, and the rules of evidence applicable to the trial of other issues govern the admission or exclusion of evidence on the trial of the challenge.

History:

[(19-2026) Cr. Prac. 1864, sec. 347, p. 254; R.S., R.C., & C.L., sec. 7842; C.S., sec. 8936; I.C.A., sec. 19-1926.]
Idaho Code § 19-603 — Idaho Code / Title 19 / Chapter 6 / Section 19-603
19-603 WHEN PEACE OFFICER MAY ARREST.
Status: in_force

19-603. When peace officer may arrest. A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person:

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

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

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

4. On a charge made, upon a reasonable cause, of the commission of a felony by the party arrested.

5. At night, when there is reasonable cause to believe that he has committed a felony.

6. When upon immediate response to a report of a commission of a crime there is probable cause to believe that the person has committed a violation of section 18-901 (assault), 18-903 (battery), 18-918 (domestic violence), 18-7905 (first-degree stalking), 18-7906 (second-degree stalking), 39-6312 (violation of a protection order), 18-920 (violation of a no contact order), or 18-3302I (threatening violence upon school grounds — firearms and other deadly or dangerous weapons), Idaho Code.

7. When there is reasonable cause to believe, based upon physical evidence observed by the officer or statements made in the presence of the officer upon immediate response to a report of a commission of a crime aboard an aircraft, that the person arrested has committed such a crime.

History:

[(19-603) Cr. Prac. 1864, secs. 131, 133, p. 229; R.S., R.C., & C.L., sec. 7540; C.S., sec. 8726; I.C.A., sec. 19-603; am. 1979, ch. 307, sec. 1, p. 832; am. 1988, ch. 271, sec. 1, p. 902; am. 1994, ch. 318, sec. 1, p. 1020; am. 1997, ch. 89, sec. 1, p. 214; am. 1997, ch. 314, sec. 4, p. 930; am. 2004, ch. 337, sec. 5, p. 1010; am. 2019, ch. 207, sec. 1, p. 633.]
Idaho Code § 19-819 — Idaho Code / Title 19 / Chapter 8 / Section 19-819
19-819 FORM OF COMMITMENT.
Status: in_force

19-819. Form of commitment. The commitment must be to the following effect:

County of (as the case may be). The state of Idaho to the sheriff of the county of ….:

An order having been this day made by me, that A.B. be held to answer upon a charge of (stating briefly the nature of the offense, and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged.

Dated this …. day of …., …..

History:

[(19-819) Cr. Prac. 1864, sec. 165, p. 233; R.S., R.C., & C.L., sec. 7583; C.S., sec. 8761; I.C.A., sec. 19-719; am. 2007, ch. 90, sec. 9, p. 250.]
Idaho Code § 19-2716 — Idaho Code / Title 19 / Chapter 27 / Section 19-2716
19-2716 METHODS OF EXECUTION.
Status: in_force

19-2716. methods of execution. (1) The punishment of death shall be inflicted by the following methods:

(a) Firing squad; or

(b) Continuous, intravenous administration of a lethal quantity of a substance or substances approved by the director of the Idaho department of correction until death is pronounced by a coroner or a deputy coroner.

(2) Not later than five (5) days after the issuance of a death warrant, the director of the Idaho department of correction must determine, and certify by affidavit to the court that issued the death warrant, whether execution by firing squad, as described in subsection (1)(a) of this section, is available.

(3) If the director certifies that firing squad is available, the method of execution shall be firing squad.

(4) If the director does not certify that firing squad is available or fails to file a certification as required pursuant to subsection (2) of this section, the method of execution shall be lethal injection, as described in subsection (1)(b) of this section.

(5) If a court holds that firing squad is unconstitutional, on its face or as applied, or otherwise determines that lethal injection is a constitutionally required method of execution, the method of execution shall be lethal injection.

(6) The director shall determine the procedures to be used in any execution. Such procedures shall not be subject to the provisions of chapter 52, title 67, Idaho Code.

(7) The provisions of this section shall apply to all executions carried out on and after the effective date of this enactment, irrespective of the date sentence was imposed.

History:

[(19-2716) Cr. Prac. 1864, sec. 467, p. 269; R.S., R.C., & C.L., sec. 8020; C.S., sec. 9063; I.C.A., sec. 19-2616; am. 1978, ch. 70, sec. 1, p. 140; am. 1982, ch. 257, sec. 1, p. 668; am. 2009, ch. 81, sec. 1, p. 228; am. 2023, ch. 141, sec. 1, p. 390; am. 2025, ch. 36, sec. 1, p. 174; am. 2026, ch. 225, sec. 1, p. 1001; am. 2026, ch. 225, sec. 2, p. 1001.]
Idaho Code § 19-3926 — Idaho Code / Title 19 / Chapter 39 / Section 19-3926
19-3926 MOTIONS PRIOR TO JUDGMENT.
Status: in_force

19-3926. Motions prior to judgment. At any time before judgment defendant may move for a new trial or in arrest of judgment.

History:

[(19-3926) Cr. Prac. 1864, sec. 618, p. 289; R.S., R.C., & C.L., sec. 8304; C.S., sec. 9252; I.C.A., sec. 19-4026.]
Idaho Code § 19-4301 — Idaho Code / Title 19 / Chapter 43 / Section 19-4301
19-4301 COUNTY CORONER TO INVESTIGATE DEATHS.
Status: in_force

19-4301. County coroner to investigate deaths. (1) When a county coroner is informed that a person has died, the county coroner shall investigate that death if:

(a) The death is a suspected homicide, suicide, or occurring under suspicious or unknown circumstances;

(b) The death appears to be accidental or following an injury;

(c) The death was a result of suspected unlawful use of controlled substances or the use or abuse of chemicals or toxic agents;

(d) The death occurred while the person was incarcerated in any jail or correctional facility or the person was a ward of the state;

(e) The death appears to be by disease, injury, or toxic agent during or arising from employment;

(f) The death was an unattended death that occurred outside of a physician's current care or hospice care;

(g) The remains of the deceased are scientifically or visually unidentifiable due to the remains being skeletal or charred;

(h) The person was admitted to a hospital emergency room unconscious and unresponsive, with or without cardiopulmonary resuscitative measures being performed, and died within twenty-four (24) hours of admission without regaining consciousness or responsiveness, unless a physician was in attendance within thirty-six (36) hours preceding presentation to the hospital, or, in cases in which the decedent had a pre-diagnosed terminal or bedfast condition, a physician was in attendance within thirty (30) days preceding presentation to the hospital;

(i) The death may constitute a threat to public health; or

(j) The death is of a child if there is a reasonable articulable suspicion to believe that the death occurred without a known medical disease to account for the child's death.

(2) If a death occurs that is not attended by a physician and the cause of death cannot be certified by a physician, the coroner shall perform a medicolegal death investigation working with the sheriff of the county or the chief of police of the city in which the incident causing the death occurred or, if such county or city is unknown, to the sheriff or chief of police of the county or city where the body was found. The criminal investigation shall be the responsibility of the appropriate law enforcement agency. The medicolegal death investigation shall be the responsibility of the coroner. Upon completion of the criminal investigation, a written report shall be provided to the coroner of the county in which the death occurred or, if such county is unknown, to the coroner of the county where the body was found, and the coroner's medicolegal death investigation report shall be given to the law enforcement agency responsible.

(3) A coroner in the county where the incident causing the death occurred or, if such county is unknown, the coroner in the county where the body was found, may conduct an inquest if there are reasonable grounds to believe as a result of the investigation that the death occurred as provided in subsection (1) of this section.

(4) If an inquest is to be conducted, the coroner shall summon six (6) persons qualified by law to serve as jurors for the inquest.

(5) Nothing in this section shall be construed to affect the tenets of any church or religious belief.

History:

[19-4301, added 2005, ch. 80, sec. 2, p. 291; am. 2025, ch. 96, sec. 1, p. 511.]
Idaho Code § 19-5304 — Idaho Code / Title 19 / Chapter 53 / Section 19-5304
19-5304 RESTITUTION FOR CRIME VICTIMS — ORDERS TO BE SEPARATE — WHEN RESTITUTION IS NOT APPROPRIATE — OTHER REMEDIES — EVIDENTIARY HEARINGS — DEFINITIONS.
Status: in_force

19-5304. Restitution for crime victims — Orders to be separate — When restitution is not appropriate — Other remedies — Evidentiary hearings — Definitions. (1) As used in this chapter:

(a) "Economic loss" includes, but is not limited to, the value of property taken, destroyed, broken, or otherwise harmed, lost wages, and direct out-of-pocket losses or expenses, such as medical expenses resulting from the criminal conduct, but does not include less tangible damage such as pain and suffering, wrongful death or emotional distress.

(b) "Found guilty of any crime" shall mean a finding by a court that a defendant has committed a criminal act and shall include an entry of a plea of guilty, an order withholding judgment, suspending sentence, or entry of judgment of conviction for a misdemeanor or felony.

(c) "Value" shall be as defined in section 18-2402(11), Idaho Code.

(d) "Property" shall be as defined in section 18-2402(8), Idaho Code.

(e) "Victim" shall mean:

(i) The directly injured victim which means a person or entity, who suffers economic loss or injury as the result of the defendant's criminal conduct and shall also include the immediate family of a minor and the immediate family of the actual victim in homicide cases;

(ii) Any health care provider who has provided medical treatment to a directly injured victim if such treatment is for an injury resulting from the defendant's criminal conduct, and who has not been otherwise compensated for such treatment by the directly injured victim or the immediate family of the directly injured victim;

(iii) The account established pursuant to the crime victims compensation act, chapter 10, title 72, Idaho Code, from which payment was made to or on behalf of a directly injured victim pursuant to the requirements of Idaho law as a result of the defendant's criminal conduct;

(iv) A person or entity who suffers economic loss because such person or entity has made payments to or on behalf of a directly injured victim pursuant to a contract including, but not limited to, an insurance contract, or payments to or on behalf of a directly injured victim to pay or settle a claim or claims against such person or entity in tort or pursuant to statute and arising from the crime.

(2) Unless the court determines that an order of restitution would be inappropriate or undesirable, it shall order a defendant found guilty of any crime which results in an economic loss to the victim to make restitution to the victim. An order of restitution shall be a separate written order in addition to any other sentence the court may impose, including incarceration, and may be complete, partial, or nominal. The court may also include restitution as a term and condition of judgment of conviction; however, if a court orders restitution in the judgment of conviction and in a separate written order, a defendant shall not be required to make restitution in an amount beyond that authorized by this chapter. Restitution shall be ordered for any economic loss which the victim actually suffers. The existence of a policy of insurance covering the victim's loss shall not absolve the defendant of the obligation to pay restitution.

(3) If the court determines that restitution is inappropriate or undesirable or if only partial or nominal restitution is ordered, it shall enter an order articulating the reasons therefor on the record.

(4) If a separate written order of restitution is issued, an order of restitution shall be for an amount certain and shall be due and owing at the time of sentencing or at the date the amount of restitution is determined, whichever is later. An order of restitution may provide for interest from the date of the economic loss or injury.

(5) The court may order the defendant to pay restitution to the victim in any case, regardless of whether the defendant is incarcerated or placed on probation. The court may order the defendant to pay all or a part of the restitution ordered to the court to be distributed by the court to the victims in a manner the court deems just.

(6) Restitution orders shall be entered by the court at the time of sentencing or such later date as deemed necessary by the court. Economic loss shall be based upon the preponderance of evidence submitted to the court by the prosecutor, defendant, victim or presentence investigator. Each party shall have the right to present such evidence as may be relevant to the issue of restitution, and the court may consider such hearsay as may be contained in the presentence report, victim impact statement or otherwise provided to the court.

(7) The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of economic loss sustained by the victim as a result of the offense, the financial resources, needs and earning ability of the defendant, and such other factors as the court deems appropriate. The immediate inability to pay restitution by a defendant shall not be, in and of itself, a reason to not order restitution.

(8) In determining restitution, where it appears that more than one (1) person is responsible for a crime that results in economic loss to a victim, and one (1) or more of the suspects or defendants are not found, apprehended, charged, convicted or ordered to pay restitution, the court may require the remaining defendant or defendants, who are convicted of or plead guilty to the crime, to be jointly and severally responsible for the entire economic loss to the victim.

(9) The court may, with the consent of the parties, order restitution to victims, and/or any other person or entity, for economic loss or injury for crimes which are not adjudicated or are not before the court.

(10) A defendant, against whom a restitution order has been entered, may, within forty-two (42) days of the entry of the order of restitution, request relief from the restitution order in accordance with the Idaho rules of civil procedure relating to relief from final orders.

(11) An order of restitution shall not preclude the victim from seeking any other legal remedy.

(12) Every presentence report shall include a full statement of economic loss suffered by the victim or victims of the defendant's crime or crimes.

(13) If there is more than one (1) victim, the restitution order shall provide that the directly injured victim(s) be fully compensated for so much of the loss caused by the defendant's criminal conduct which has not been paid by a third party, including persons referred to in subsection (1)(e)(ii), (iii) and (iv) of this section.

(14) When a person is found guilty of violating section 18-8007, Idaho Code, the court, in addition to any other sentence imposed, may order the person to pay to any victim an amount of money equal to the amount of that victim's economic loss caused by the person as a result of the incident that created the duties as provided in section 18-8007, Idaho Code.

History:

[19-5304, added 1985, ch. 122, sec. 1, p. 297; am. 1986, ch. 197, sec. 2, p. 495; am. 1991, ch. 324, sec. 1, p. 841; am. 1997, ch. 112, sec. 1, p. 272; am. 1999, ch. 338, sec. 1, p. 916; am. 2007, ch. 62, sec. 1, p. 152; am. 2008, ch. 140, sec. 2, p. 402; am. 2008, ch. 152, sec. 1, p. 440.]
Idaho Code § 19-4902 — Idaho Code / Title 19 / Chapter 49 / Section 19-4902
19-4902 COMMENCEMENT OF PROCEEDINGS — VERIFICATION — FILING — SERVICE — DNA TESTING.
Status: in_force

19-4902. Commencement of proceedings — Verification — Filing — Service — DNA testing. (a) A proceeding is commenced by filing an application verified by the applicant with the clerk of the district court in which the conviction took place. An application may be filed at any time within one (1) year from the expiration of the time for appeal or from the determination of an appeal or from the determination of a proceeding following an appeal, whichever is later. Facts within the personal knowledge of the applicant and the authenticity of all documents and exhibits included in or attached to the application must be sworn to affirmatively as true and correct. The supreme court may prescribe the form of the application and verification. The clerk shall docket the application upon its receipt and promptly bring it to the attention of the court and deliver a copy to the prosecuting attorney.

(b) A petitioner may, at any time, file a petition before the trial court that entered the judgment of conviction in his or her case for the performance of fingerprint or forensic deoxyribonucleic acid (DNA) testing on evidence that was secured in relation to the trial which resulted in his or her conviction but which was not subject to the testing that is now requested because the technology for the testing was not available at the time of trial. The clerk shall docket the application upon its receipt and promptly bring it to the attention of the court and deliver a copy to the prosecuting attorney.

(c) The petitioner must present a prima facie case that:

(1) Identity was an issue in the trial which resulted in his or her conviction; and

(2) The evidence to be tested has been subject to a chain of custody sufficient to establish that such evidence has not been substituted, tampered with, replaced or altered in any material aspect.

(d) A petitioner who pleaded guilty in the underlying case may file a petition under subsection (b) of this section.

(e) The trial court shall allow the testing under reasonable conditions designed to protect the state's interests in the integrity of the evidence and the testing process upon a determination that:

(1) The result of the testing has the scientific potential to produce new, noncumulative evidence that would show that it is more probable than not that the petitioner is innocent; and

(2) The testing method requested would likely produce admissible results under the Idaho rules of evidence.

(f) In the event the fingerprint or forensic DNA test results demonstrate, in light of all admissible evidence, that the petitioner is not the person who committed the offense, the court shall order the appropriate relief.

(g) The cost of the forensic DNA test shall be at the petitioner's expense, except to the extent the petitioner qualifies for the test at public expense pursuant to chapter 8, title 19, Idaho Code, in which case the fingerprint or forensic DNA test shall be performed by, and paid for by funds allocated for, Idaho state police forensic services, provided the requested method of testing or specific technology is validated by the lab, within the laboratory accreditation scope, and laboratory staff are qualified and satisfactorily performing proficiency testing in the testing method. If the laboratory does not offer the specific type of testing required, the Idaho state police shall not be required to outsource the testing or in any way pay for or reimburse any entity for the testing to be performed. For the purposes of this subsection, "validated" means the accumulation of test data within the laboratory to demonstrate that established methods and procedures perform as expected in the laboratory. The petitioner may choose an ISO/IEC 17025 or an American society of crime laboratory directors/laboratory accreditation board accredited DNA testing laboratory to perform the DNA testing. Such testing shall be at the petitioner's expense.

History:

[19-4902, added 1967, ch. 25, sec. 2, p. 42; am. 1979, ch. 133, sec. 1, p. 428; am. 1988, ch. 76, sec. 1, p. 131; am. 1993, ch. 265, sec. 1, p. 898; am. 1996, ch. 420, sec. 2, p. 1399; am. 2001, ch. 317, sec. 3, p. 1129; am. 2010, ch. 135, sec. 3, p. 289; am. 2012, ch. 180, sec. 1, p. 471.]
Idaho Code § 19-2515 — Idaho Code / Title 19 / Chapter 25 / Section 19-2515
19-2515 SENTENCE IN CAPITAL CASES — SPECIAL SENTENCING PROCEEDING — STATUTORY AGGRAVATING CIRCUMSTANCES — SPECIAL VERDICT OR WRITTEN FINDINGS.
Status: in_force

19-2515. Sentence in capital cases — Special sentencing proceeding — Statutory aggravating circumstances — Special verdict or written findings. [effective until January 1, 2027] (1) Except as provided in section 19-2515A, Idaho Code, a person convicted of murder in the first degree or aggravated lewd conduct with a minor child twelve (12) years of age or under shall be liable for the imposition of the penalty of death if such person killed, intended a killing, or acted with reckless indifference to human life, irrespective of whether such person directly committed the acts that caused death or the aggravated lewd conduct.

(2) Where a person is sentenced to serve a term in the penitentiary, after conviction of a crime which falls within the provisions of section 20-1005, Idaho Code, except in cases where the court retains jurisdiction, the comments and arguments of the counsel for the state and the defendant relative to the sentencing and the comments of the judge relative to the sentencing shall be recorded. If the comments are recorded electronically, they need not be transcribed. Otherwise, they shall be transcribed by the court reporter.

(3) Where a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless:

(a) A notice of intent to seek the death penalty was filed and served as provided in section 18-4004A, Idaho Code; and

(b) The jury, or the court if a jury is waived, finds beyond a reasonable doubt at least one (1) statutory aggravating circumstance for murder and at least three (3) statutory aggravating circumstances, as listed in subsection (10) of this section, for aggravated lewd conduct with a minor child twelve (12) years of age or under. Where a statutory aggravating circumstance is found, the defendant shall be sentenced to death unless mitigating circumstances which may be presented are found to be sufficiently compelling that the death penalty would be unjust. The jury shall not direct imposition of a sentence of death unless it unanimously finds at least one (1) statutory aggravating circumstance and unanimously determines that the penalty of death should be imposed.

(4) Notwithstanding any court rule to the contrary, when a defendant is adjudicated guilty of murder in the first degree or aggravated lewd conduct with a minor child twelve (12) years of age or under, whether by acceptance of a plea of guilty, by verdict of a jury, or by decision of the trial court sitting without a jury, no presentence investigation shall be conducted; provided however, that if a special sentencing proceeding is not held or if a special sentencing proceeding is held but no statutory aggravating circumstance has been proven beyond a reasonable doubt, the court may order that a presentence investigation be conducted.

(5)(a) If a person is adjudicated guilty of murder in the first degree or aggravated lewd conduct with a minor child twelve (12) years of age or under, whether by acceptance of a plea of guilty, by verdict of a jury, or by decision of the trial court sitting without a jury, and a notice of intent to seek the death penalty was filed and served as provided in section 18-4004A, Idaho Code, a special sentencing proceeding shall be held promptly for the purpose of hearing all relevant evidence and arguments of counsel in aggravation and mitigation of the offense. Information concerning the victim and the impact that the death or aggravated lewd conduct of the victim has had on the victim's family is relevant and admissible. Such information shall be designed to demonstrate the victim's uniqueness as an individual human being and the resultant loss to the community or impact caused by the victim's death or lewd conduct of the victim. Characterizations and opinions about the crime, the defendant and the appropriate sentence shall not be permitted as part of any victim impact information. The special sentencing proceeding shall be conducted before a jury unless a jury is waived by the defendant with the consent of the prosecuting attorney.

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

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

(d) If a special sentencing proceeding is conducted before a newly impaneled jury pursuant to the provisions of subsection (5)(b) or (5)(c) of this section, the state and the defense may present evidence to inform the jury of the nature and circumstances of the murder or aggravated lewd conduct for which the defendant was convicted. The newly impaneled jury shall be instructed that the defendant has previously been found guilty of first-degree murder or aggravated lewd conduct with a minor child twelve (12) years of age or under and that the jury's purpose is limited to making findings relevant for sentencing.

(6) At the special sentencing proceeding, the state and the defendant shall be entitled to present all relevant evidence in aggravation and mitigation. Disclosure of evidence to be relied on in the sentencing proceeding shall be made in accordance with Idaho criminal rule 16. Evidence admitted at trial shall be considered and need not be repeated at the sentencing hearing.

(7) The jury shall be informed as follows:

(a) If the jury finds that a statutory aggravating circumstance exists and no mitigating circumstances exist which would make the imposition of the death penalty unjust, the defendant will be sentenced to death by the court.

(b) If the jury finds the existence of a statutory aggravating circumstance but finds that the existence of mitigating circumstances makes the imposition of the death penalty unjust or the jury cannot unanimously agree on whether the existence of mitigating circumstances makes the imposition of the death penalty unjust, the defendant will be sentenced to a term of life imprisonment without the possibility of parole; and

(c) If the jury does not find the existence of a statutory aggravating circumstance or if the jury cannot unanimously agree on the existence of a statutory aggravating circumstance, the defendant will be sentenced by the court to a term of life imprisonment with a fixed term of not less than ten (10) years for first-degree murder or thirty (30) years for aggravated lewd conduct with a minor child twelve (12) years of age or under.

(8) Upon the conclusion of the evidence and arguments in mitigation and aggravation:

(a) With regard to each statutory aggravating circumstance alleged by the state, the jury shall return a special verdict stating:

(i) Whether the statutory aggravating circumstance has been proven beyond a reasonable doubt; and

(ii) If the statutory aggravating circumstance has been proven beyond a reasonable doubt, whether all mitigating circumstances, when weighed against the aggravating circumstance, are sufficiently compelling that the death penalty would be unjust.

(b) If a jury has been waived, the court shall:

(i) Make written findings setting forth any statutory aggravating circumstance found beyond a reasonable doubt;

(ii) Set forth in writing any mitigating circumstances considered; and

(iii) Upon weighing all mitigating circumstances against each statutory aggravating circumstance separately, determine whether mitigating circumstances are found to be sufficiently compelling that the death penalty would be unjust and detail in writing its reasons for so finding.

(9) The following are statutory aggravating circumstances, at least one (1) of which must be found to exist beyond a reasonable doubt before a sentence of death can be imposed for murder in the first degree:

(a) The defendant was previously convicted of another murder.

(b) At the time the murder was committed the defendant also committed another murder.

(c) The defendant knowingly created a great risk of death to many persons.

(d) The murder was committed for remuneration or the promise of remuneration or the defendant employed another to commit the murder for remuneration or the promise of remuneration.

(e) The murder was especially heinous, atrocious or cruel, manifesting exceptional depravity.

(f) By the murder, or circumstances surrounding its commission, the defendant exhibited utter disregard for human life.

(g) The murder was committed in the perpetration of, or attempt to perpetrate, arson, rape, robbery, burglary, kidnapping or mayhem and the defendant killed, intended a killing, or acted with reckless indifference to human life.

(h) The murder was committed in the perpetration of, or attempt to perpetrate, lewd and lascivious conduct with a minor, sexual abuse of a child under sixteen (16) years of age, ritualized abuse of a child, sexual exploitation of a child, sexual battery of a minor child sixteen (16) or seventeen (17) years of age, or forcible sexual penetration by use of a foreign object, and the defendant killed, intended a killing, or acted with reckless indifference to human life.

(i) The defendant, by his conduct, whether such conduct was before, during or after the commission of the murder at hand, has exhibited a propensity to commit murder which will probably constitute a continuing threat to society.

(j) The murder was committed against a former or present peace officer, executive officer, officer of the court, judicial officer or prosecuting attorney because of the exercise of official duty or because of the victim's former or present official status.

(k) The murder was committed against a witness or potential witness in a criminal or civil legal proceeding because of such proceeding.

(10) The following are statutory aggravating circumstances, at least three (3) of which must be found to have existed during the commission of or to accomplish the lewd conduct beyond a reasonable doubt before a sentence of death can be imposed for aggravated lewd conduct with a minor child twelve (12) years of age or under, as provided in section 18-1508C, Idaho Code:

(a) The defendant engaged in three (3) or more incidents of lewd conduct of a child involving the same victim on separate occasions;

(b) The defendant penetrated, however slight, the oral, anal, or vaginal opening of the victim with a penis;

(c) The victim was kidnapped as defined in section 18-4501, Idaho Code;

(d) The defendant committed the crime of human trafficking, as defined in section 18-8602, Idaho Code, against the victim;

(e) The defendant has been found guilty of or has plead guilty to any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code;

(f) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the lewd conduct; or the defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the lewd conduct;

(g) The defendant tortured the victim by the intentional infliction of extreme and prolonged pain with the intent to cause suffering or by the infliction of extreme and prolonged acts of brutality irrespective of proof of intent to cause suffering;

(h) The defendant used force or coercion;

(i) The defendant was armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;

(j) The defendant caused great bodily injury, as defined in section 19-2520B, Idaho Code, or mutilation to the victim;

(k) The defendant's commission of the offense involved more than one (1) victim;

(l) The defendant's commission of the offense involved more than one (1) perpetrator;

(m) The victim contracted a sexually transmitted disease as a result of the lewd conduct;

(n) The victim was impregnated as a result of the lewd conduct;

(o) The defendant willfully and unlawfully choked or attempted to strangle the victim during the commission of the lewd conduct;

(p) The defendant provided alcohol, drugs, or other intoxicating substances to the victim; or

(q) The defendant knew or had reason to know that the victim had a developmental disability as defined in section 66-402(5), Idaho Code.

19-2515. Sentence in capital cases — Special sentencing proceeding — Statutory aggravating circumstances — Special verdict or written findings. [effective January 1, 2027] (1) Except as provided in section 19-2515A, Idaho Code, a person convicted of murder in the first degree or aggravated lewd conduct with a minor child twelve (12) years of age or under shall be liable for the imposition of the penalty of death if such person killed, intended a killing, or acted with reckless indifference to human life, irrespective of whether such person directly committed the acts that caused death or the aggravated lewd conduct.

(2) Where a person is sentenced to serve a term in the penitentiary, after conviction of a crime which falls within the provisions of section 20-1005, Idaho Code, except in cases where the court retains jurisdiction, the comments and arguments of the counsel for the state and the defendant relative to the sentencing and the comments of the judge relative to the sentencing shall be recorded. If the comments are recorded electronically, they need not be transcribed. Otherwise, they shall be transcribed by the court reporter.

(3) Where a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless:

(a) A notice of intent to seek the death penalty was filed and served as provided in section 18-4004A, Idaho Code; and

(b) The jury, or the court if a jury is waived, finds beyond a reasonable doubt at least one (1) statutory aggravating circumstance for murder and at least three (3) statutory aggravating circumstances, as listed in subsection (10) of this section, for aggravated lewd conduct with a minor child twelve (12) years of age or under. Where a statutory aggravating circumstance is found, the defendant shall be sentenced to death unless mitigating circumstances which may be presented are found to be sufficiently compelling that the death penalty would be unjust. The jury shall not direct imposition of a sentence of death unless it unanimously finds at least one (1) statutory aggravating circumstance and unanimously determines that the penalty of death should be imposed.

(4) Notwithstanding any court rule to the contrary, when a defendant is adjudicated guilty of murder in the first degree or aggravated lewd conduct with a minor child twelve (12) years of age or under, whether by acceptance of a plea of guilty, by verdict of a jury, or by decision of the trial court sitting without a jury, no presentence investigation shall be conducted; provided however, that if a special sentencing proceeding is not held or if a special sentencing proceeding is held but no statutory aggravating circumstance has been proven beyond a reasonable doubt, the court may order that a presentence investigation be conducted.

(5)(a) If a person is adjudicated guilty of murder in the first degree or aggravated lewd conduct with a minor child twelve (12) years of age or under, whether by acceptance of a plea of guilty, by verdict of a jury, or by decision of the trial court sitting without a jury, and a notice of intent to seek the death penalty was filed and served as provided in section 18-4004A, Idaho Code, a special sentencing proceeding shall be held promptly for the purpose of hearing all relevant evidence and arguments of counsel in aggravation and mitigation of the offense. Information concerning the victim and the impact that the death or aggravated lewd conduct of the victim has had on the victim's family is relevant and admissible. Such information shall be designed to demonstrate the victim's uniqueness as an individual human being and the resultant loss to the community or impact caused by the victim's death or lewd conduct of the victim. Characterizations and opinions about the crime, the defendant and the appropriate sentence shall not be permitted as part of any victim impact information. The special sentencing proceeding shall be conducted before a jury unless a jury is waived by the defendant with the consent of the prosecuting attorney.

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

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

(d) If a special sentencing proceeding is conducted before a newly impaneled jury pursuant to the provisions of subsection (5)(b) or (5)(c) of this section, the state and the defense may present evidence to inform the jury of the nature and circumstances of the murder or aggravated lewd conduct for which the defendant was convicted. The newly impaneled jury shall be instructed that the defendant has previously been found guilty of first-degree murder or aggravated lewd conduct with a minor child twelve (12) years of age or under and that the jury's purpose is limited to making findings relevant for sentencing.

(6) At the special sentencing proceeding, the state and the defendant shall be entitled to present all relevant evidence in aggravation and mitigation. Disclosure of evidence to be relied on in the sentencing proceeding shall be made in accordance with Idaho criminal rule 16. Evidence admitted at trial shall be considered and need not be repeated at the sentencing hearing.

(7) The jury shall be informed as follows:

(a) If the jury finds that a statutory aggravating circumstance exists and no mitigating circumstances exist which would make the imposition of the death penalty unjust, the defendant will be sentenced to death by the court.

(b) If the jury finds the existence of a statutory aggravating circumstance but finds that the existence of mitigating circumstances makes the imposition of the death penalty unjust or the jury cannot unanimously agree on whether the existence of mitigating circumstances makes the imposition of the death penalty unjust, the defendant will be sentenced to a term of life imprisonment without the possibility of parole; and

(c) If the jury does not find the existence of a statutory aggravating circumstance or if the jury cannot unanimously agree on the existence of a statutory aggravating circumstance, the defendant will be sentenced by the court to a term of life imprisonment with a fixed term of not less than ten (10) years for first-degree murder or thirty (30) years for aggravated lewd conduct with a minor child twelve (12) years of age or under.

(8) Upon the conclusion of the evidence and arguments in mitigation and aggravation:

(a) With regard to each statutory aggravating circumstance alleged by the state, the jury shall return a special verdict stating:

(i) Whether the statutory aggravating circumstance has been proven beyond a reasonable doubt; and

(ii) If the statutory aggravating circumstance has been proven beyond a reasonable doubt, whether all mitigating circumstances, when weighed against the aggravating circumstance, are sufficiently compelling that the death penalty would be unjust.

(b) If a jury has been waived, the court shall:

(i) Make written findings setting forth any statutory aggravating circumstance found beyond a reasonable doubt;

(ii) Set forth in writing any mitigating circumstances considered; and

(iii) Upon weighing all mitigating circumstances against each statutory aggravating circumstance separately, determine whether mitigating circumstances are found to be sufficiently compelling that the death penalty would be unjust and detail in writing its reasons for so finding.

(9) The following are statutory aggravating circumstances, at least one (1) of which must be found to exist beyond a reasonable doubt before a sentence of death can be imposed for murder in the first degree:

(a) The defendant was previously convicted of another murder.

(b) At the time the murder was committed the defendant also committed another murder.

(c) The defendant knowingly created a great risk of death to many persons.

(d) The murder was committed for remuneration or the promise of remuneration or the defendant employed another to commit the murder for remuneration or the promise of remuneration.

(e) The murder was especially heinous, atrocious or cruel, manifesting exceptional depravity.

(f) By the murder, or circumstances surrounding its commission, the defendant exhibited utter disregard for human life.

(g) The murder was committed in the perpetration of, or attempt to perpetrate, arson, rape, robbery, burglary, kidnapping or mayhem and the defendant killed, intended a killing, or acted with reckless indifference to human life.

(h) The murder was committed in the perpetration of, or attempt to perpetrate, lewd and lascivious conduct with a minor, sexual abuse of a child under sixteen (16) years of age, ritualized abuse of a child, sexual exploitation of a child, sexual battery of a minor child sixteen (16) or seventeen (17) years of age, or forcible sexual penetration by use of a foreign object, and the defendant killed, intended a killing, or acted with reckless indifference to human life.

(i) The defendant, by his conduct, whether such conduct was before, during or after the commission of the murder at hand, has exhibited a propensity to commit murder which will probably constitute a continuing threat to society.

(j) The murder was committed against a former or present peace officer, executive officer, officer of the court, judicial officer or prosecuting attorney because of the exercise of official duty or because of the victim's former or present official status.

(k) The murder was committed against a witness or potential witness in a criminal or civil legal proceeding because of such proceeding.

(10) The following are statutory aggravating circumstances, at least three (3) of which must be found to have existed during the commission of or to accomplish the lewd conduct beyond a reasonable doubt before a sentence of death can be imposed for aggravated lewd conduct with a minor child twelve (12) years of age or under, as provided in section 18-1508C, Idaho Code:

(a) The defendant engaged in three (3) or more incidents of lewd conduct of a child involving the same victim on separate occasions;

(b) The defendant penetrated, however slight, the oral, anal, or vaginal opening of the victim with a penis;

(c) The victim was kidnapped as defined in section 18-4501, Idaho Code;

(d) The defendant committed the crime of human trafficking, as defined in section 18-8602, Idaho Code, against the victim;

(e) The defendant has been found guilty of or has plead guilty to any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code;

(f) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the lewd conduct; or the defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the lewd conduct;

(g) The defendant tortured the victim by the intentional infliction of extreme and prolonged pain with the intent to cause suffering or by the infliction of extreme and prolonged acts of brutality irrespective of proof of intent to cause suffering;

(h) The defendant used force or coercion;

(i) The defendant was armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;

(j) The defendant caused great bodily injury, as defined in section 19-2520B, Idaho Code, or mutilation to the victim;

(k) The defendant's commission of the offense involved more than one (1) victim;

(l) The defendant's commission of the offense involved more than one (1) perpetrator;

(m) The victim contracted a sexually transmitted disease as a result of the lewd conduct;

(n) The victim was impregnated as a result of the lewd conduct;

(o) The defendant willfully and unlawfully choked or attempted to strangle the victim during the commission of the lewd conduct;

(p) The defendant provided alcohol, drugs, or other intoxicating substances to the victim; or

(q) The defendant knew or had reason to know that the victim had a developmental disability as defined in section 66-402 (4), Idaho Code.

History:

[19-2515, R.S., R.C. & C.L., sec. 7992; C.S. sec. 9036; I.C.A. sec. 19-2415; am. 1977, ch. 154, sec. 4, p. 390; am. 1984, ch. 230, sec. 1, p. 549; am. 1995, ch. 140, sec. 1, p. 594; am. 1998, ch. 96, sec. 3, p. 344; am. 2000, ch. 287, sec. 1, p. 969; am. 2003, ch. 19, sec. 4, p. 72; am. 2003, ch. 136, sec. 3, p. 395; am. 2004, ch. 317, sec. 1, p. 889; am. 2005, ch. 152, sec. 1, p. 468; am. 2006, ch. 129, sec. 1, p. 375; am. 2021, ch. 196, sec. 22, p. 537; am. 2022, ch. 124, sec. 20, p. 453; am. 2025, ch. 177, sec. 7, p. 836; am. 2026, ch. 79, sec. 17, p. 407.]
Idaho Code § 19-2131 — Idaho Code / Title 19 / Chapter 21 / Section 19-2131
19-2131 DECISION OF QUESTIONS OF LAW AND FACT IN OTHER TRIALS — JURY BOUND BY INSTRUCTIONS.
Status: in_force

19-2131. Decision of questions of law and fact in other trials — Jury bound by instructions. On the trial of an indictment for any other offense than libel, questions of law are to be decided by the court, questions of fact by the jury; and although the jury have the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless, to receive as law what is laid down as such by the court.

History:

[(19-2131) Cr. Prac. 1864, sec. 384, p. 259; R.S., R.C., & C.L., sec. 7885; C.S., sec. 8971; I.C.A., sec. 19-2031.]
Idaho Code § 19-1427 — Idaho Code / Title 19 / Chapter 14 / Section 19-1427
19-1427 INDICTMENT FOR LARCENY OR EMBEZZLEMENT.
Status: in_force

19-1427. Indictment for larceny or embezzlement. In an indictment for the larceny or embezzlement of money, bank notes, certificates of stock, or valuable securities, or for a conspiracy to cheat or defraud a person of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to cheat and defraud, to be of money, bank notes, certificates of stock, or valuable securities, without specifying the coin, number, denomination, or kind thereof.

History:

[(19-1427) R.S., R.C., & C.L., sec. 7694; C.S., sec. 8842; I.C.A., sec. 19-1327.]
Idaho Code § 19-2314 — Idaho Code / Title 19 / Chapter 23 / Section 19-2314
19-2314 RECONSIDERATION OF VERDICT.
Status: in_force

19-2314. Reconsideration of verdict. When there is a verdict of conviction, in which it appears to the court that the jury have mistaken the law, the court may explain the reason for that opinion and direct the jury to reconsider their verdict, and if, after the reconsideration, they return the same verdict, it must be entered; but when there is a verdict of acquittal, the court can not require the jury to reconsider it. If the jury render a verdict which is neither general nor special, the court may direct them to reconsider it, and it can not be recorded until it is rendered in some form from which it can be clearly understood that the intent of the jury is either to render a general verdict or to find the facts specially and to leave the judgment to the court.

History:

[(19-2314) Cr. Prac. 1864, secs. 413, 414, p. 262; R.S., R.C., & C.L., sec. 7928; C.S., sec. 8999; I.C.A., sec. 19-2214.]
Idaho Code § 19-4114 — Idaho Code / Title 19 / Chapter 41 / Section 19-4114
19-4114 REMOVAL OF PROSECUTING ATTORNEY.
Status: in_force

19-4114. Removal of prosecuting attorney. The same proceedings may be had on like grounds for the removal of a prosecuting attorney, except that the accusation must be delivered by the foreman of the grand jury to the clerk, and by him to the district judge of the district, who must thereupon appoint some one to act as prosecuting officer in the matter, or place the accusation in the hands of the prosecuting attorney of an adjoining county, and require him to conduct the proceedings.

History:

[(19-4114) Cr. Prac. 1864, sec. 80, p. 222; R.S., R.C., & C.L., sec. 7458; C.S., sec. 8683; I.C.A., sec. 19-4214.]
Idaho Code § 19-2203 — Idaho Code / Title 19 / Chapter 22 / Section 19-2203
19-2203 PAPERS WHICH MAY BE TAKEN BY JURY.
Status: in_force

19-2203. Papers which may be taken by jury. Upon retiring for deliberation, the jury may take with them all exhibits and all papers (except depositions) which have been received in evidence in the cause, or copies of such public records or private documents given in evidence as ought not, in the opinion of the court, to be taken from the person having them in possession. They may also take with them the written instructions given and notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person.

History:

[(19-2203) Cr. Prac. 1864, secs. 392, 393, p. 260; R.S., & R.C., sec. 7902; am. 1911, ch. 23, sec. 1, p. 49; reen. C.L., sec. 7902; C.S., sec. 8978; I.C.A., sec. 19-2103.]
Idaho Code § 19-1408 — Idaho Code / Title 19 / Chapter 14 / Section 19-1408
19-1408 FIRST PLEADING IS INDICTMENT.
Status: in_force

19-1408. First pleading is indictment. The first pleading on the part of the people is the indictment.

History:

[(19-1408) Cr. Prac. 1864, sec. 232, p. 242; R.S., R.C., & C.L., sec. 7676; C.S., sec. 8824; I.C.A., sec. 19-1308.]
Idaho Code § 19-1514 — Idaho Code / Title 19 / Chapter 15 / Section 19-1514
19-1514 ARRAIGNMENT, HOW MADE.
Status: in_force

19-1514. Arraignment, how made. The arraignment must be made by the court, or by the clerk or prosecuting attorney, under its direction, and consists in reading the indictment to the defendant and delivering to him a copy thereof and of the endorsements thereon, including the list of witnesses, and asking him whether he pleads guilty or not guilty to the indictment.

History:

[(19-1514) Cr. Prac. 1864, sec. 268, p. 246; R.S., R.C., & C.L., sec. 7722; C.S., sec. 8860; I.C.A., sec. 19-1414.]
Idaho Code § 19-2704 — Idaho Code / Title 19 / Chapter 27 / Section 19-2704
19-2704 DELIVERY OF DEFENDANT TO PENITENTIARY GUARD.
Status: in_force

19-2704. Delivery of defendant to penitentiary guard. If judgment is for imprisonment in the state prison, or for the infliction of the death penalty, the sheriff of the county must, upon receipt of the certified copy of judgment, hold the prisoner in his custody until demand for such prisoner is made upon him by the duly authorized guard of said prison, who may be sent to convey such prisoner to the state prison. When such demand is made upon the sheriff by said guard, the sheriff shall deliver the prisoner and said copy of the judgment to said guard, and take a receipt from said guard for the prisoner and said copy of the judgment.

History:

[(19-2704) R.S., sec. 8008; am. 1899, p. 340, sec. 2; reen. R.C. & C.L., sec. 8008; C.S., sec. 9051; I.C.A., sec. 19-2604.]
Idaho Code § 19-1302 — Idaho Code / Title 19 / Chapter 13 / Section 19-1302
19-1302 FILING AND ENDORSEMENT OF INFORMATION.
Status: in_force

19-1302. Filing and endorsement of information. All informations shall be filed in the court having jurisdiction of the offense specified therein by the prosecuting attorney as informant to which he shall subscribe his name.

History:

[(19-1302) 1890-1891, p. 184, sec. 2; reen. 1899, p. 125, sec. 2; am. R.C., sec. 7656; am. 1913, ch. 41, p. 144; am. 1915, ch. 68, sec. 1, p. 176; reen. C.L., sec. 7656; C.S., sec. 8810; I.C.A., 19-1202; am. 1989, ch. 343, sec. 1, p. 867.]
Idaho Code § 19-5804 — Idaho Code / Title 19 / Chapter 58 / Section 19-5804
19-5804 IMMUNITY FROM LIABILITY.
Status: in_force

19-5804. immunity from liability. Neither a public agency nor its employees, while acting within the course and scope of their employment and without malice or criminal intent, shall be liable under the Idaho tort claims act, chapter 9, title 6, Idaho Code, for any injury resulting from the release of confidential information under this chapter.

History:

[19-5804, added 2010, ch. 225, sec. 2, p. 506.]
Idaho Code § 19-5513 — Idaho Code / Title 19 / Chapter 55 / Section 19-5513
19-5513 EXPUNGEMENT OF INFORMATION.
Status: in_force

19-5513. Expungement of information. (1) A person whose DNA profile has been included in the database and databank pursuant to this chapter may make a written request for expungement of materials from the database and databank on the grounds that the conviction upon which the authority for including the DNA profile was based has been reversed and the case dismissed.

(2) The person requesting expungement must send a copy of his request, with proof of service on all parties to the following: the trial court which entered the conviction or rendered disposition in the case; the bureau of forensic services; and the prosecuting attorney of the county in which he was convicted. The court has the discretion to grant or deny the request for expungement. A trial court's denial of a request for expungement is an order not subject to appeal.

(3) Except as provided below, the Idaho state police shall expunge the DNA sample and all identifiable information in the database and databank relating to the subject of the conviction upon receipt of a court order which verifies that the applicant has made the necessary showing at a noticed hearing, and which includes the following documents:

(a) Written request for expungement pursuant to this section;

(b) A certified copy of the court order reversing and dismissing the conviction;

(c) Proof of written notice to the prosecuting attorney and the bureau of forensic services that such expungement is being sought; and

(d) A court order finding that no retrial or appeal of the case is pending and verifying that at least sixty (60) days have passed since the defendant has notified the prosecuting attorney and the bureau of forensic services of the expungement request and that the court finds no reason, based on the interests of justice, to deny expungement.

(4) Upon order of the court, the Idaho state police shall destroy the DNA sample relating to the subject of conviction, unless the state police determines that the person has otherwise become obligated to submit to DNA sample and thumbprint impression as a result of a separate conviction subject to the terms of this chapter.

(5) The bureau of forensic services is not required to destroy an item of physical evidence obtained from the DNA sample if evidence relating to another person subject to the provisions of this chapter would thereby be destroyed. Notwithstanding this subsection, no sample, physical evidence or identifiable information is affected by an order to set aside a conviction.

History:

[19-5513, added 1997, ch. 120, sec. 1, p. 348; am. 2000, ch. 469, sec. 52, p. 1503.]
Idaho Code § 19-5606 — Idaho Code / Title 19 / Chapter 56 / Section 19-5606
19-5606 IMPLEMENTATION OF DRUG COURTS AND MENTAL HEALTH COURTS.
Status: in_force

19-5606. Implementation of drug courts and mental health courts. The supreme court shall establish a drug court and mental health court coordinating committee consisting of judges, court administrators, drug court coordinators, mental health court coordinators, prosecuting attorneys, public defenders, state and county probation officers, treatment providers, representatives of the department of correction, the department of education, the commission of pardons and parole, the department of health and welfare, the department of juvenile corrections, the Idaho state police, the Idaho transportation department, legislators, a representative of the governor's office, law enforcement officers, mental health professionals, and others, which shall establish a drug court and mental health court implementation plan and oversee ongoing drug court and mental health court programs. The implementation plan shall include a strategy to forge partnerships among drug courts, mental health courts, public agencies, and community-based organizations to enhance drug court and mental health court effectiveness. The committee shall also develop guidelines for drug courts and mental health courts addressing eligibility, identification and screening, assessment, treatment and treatment providers, case management and supervision, and evaluation. The coordinating committee shall also solicit specific drug court and mental health court plans, and recommend funding priorities and decisions per judicial district; pursue all available alternate funding; provide technical assistance, develop procedural manuals, and schedule training opportunities for the drug court and mental health court teams; design an evaluation strategy, including participation in the statewide substance abuse evaluation plan; and design an automated drug court and mental health court management information system, which promotes information sharing with other entities.

History:

[19-5606, added 2001, ch. 337, sec. 1, p. 1198; am. 2005, ch. 358, sec. 5, p. 1131.]
Idaho Code § 19-1402 — Idaho Code / Title 19 / Chapter 14 / Section 19-1402
19-1402 FAILURE TO FIND INDICTMENT — RETURN OF DEPOSITIONS.
Status: in_force

19-1402. Failure to find indictment — Return of depositions. If twelve (12) grand jurors do not concur in finding an indictment against a defendant who has been held to answer, the depositions, if any, transmitted to them must be returned to the court, with an indorsement thereon, signed by the foreman, to the effect that the charge is dismissed.

History:

[(19-1402) Cr. Prac. 1864, sec. 226, p. 241; R.S., R.C., & C.L., sec. 7666; C.S., sec. 8818; I.C.A., sec. 19-1302.]
Idaho Code § 19-5105 — Idaho Code / Title 19 / Chapter 51 / Section 19-5105
19-5105 CHAIRMAN — VICE-CHAIRMAN.
Status: in_force

19-5105. Chairman — Vice-chairman. The governor shall appoint a chairman, and the council annually shall elect a vice-chairman from among the membership.

History:

[19-5105, added 1981, ch. 307, sec. 2, p. 630.]
Idaho Code § 19-3931 — Idaho Code / Title 19 / Chapter 39 / Section 19-3931
19-3931 WARRANT FOR EXECUTION OF JUDGMENT.
Status: in_force

19-3931. Warrant for execution of judgment. When a judgment of imprisonment is entered a certified copy thereof must be delivered to the sheriff, marshal or other officer, which is a sufficient warrant for its execution.

History:

[(19-3931) Cr. Prac. 1864, sec. 623, p. 290; R.S., R.C., & C.L., sec. 8309; C.S., sec. 9257; I.C.A., sec. 19-4031.]
Idaho Code § 19-2505 — Idaho Code / Title 19 / Chapter 25 / Section 19-2505
19-2505 BENCH WARRANT TO ENFORCE ATTENDANCE.
Status: in_force

19-2505. Bench warrant to enforce attendance. If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear for judgment when his personal appearance is necessary, the court, in addition to the forfeiture of the undertaking of bail, or of the money deposited, may direct the clerk to issue a bench warrant for his arrest.

History:

[(19-2505) Cr. Prac. 1864, sec. 438, p. 266; R.S., R.C., & C.L., sec. 7984; C.S., sec. 9027; I.C.A., sec. 19-2405.]
Idaho Code § 19-2011 — Idaho Code / Title 19 / Chapter 20 / Section 19-2011
19-2011 DISCHARGE OF JURY ON SUSTAINING CHALLENGE.
Status: in_force

19-2011. Discharge of jury on sustaining challenge. If, either upon an exception to the challenge or a denial of the facts, the challenge is allowed, the court must discharge the jury, so far as the trial of the indictment in question is concerned. If it is disallowed, the court must direct the jury to be impaneled.

History:

[(19-2011) Cr. Prac. 1864, sec. 330, p. 250; R.S., R.C., & C.L., sec. 7825; C.S., sec. 8921; I.C.A., sec. 19-1911.]
Idaho Code § 19-2501 — Idaho Code / Title 19 / Chapter 25 / Section 19-2501
19-2501 TIME FOR JUDGMENT.
Status: in_force

19-2501. Time for judgment. After a plea or verdict of guilty, or after a verdict against the defendant on the plea of a former conviction or acquittal, if the judgment be not arrested or a new trial granted, the court must appoint a time for pronouncing judgment, which, in cases of felony, must be at least two days after the verdict, if the court intend to remain in session so long; but if not, then at as remote a time as can reasonably be allowed.

History:

[(19-2501) Cr. Prac. 1864, secs. 434, 435, p. 266; R.S., R.C., & C.L., sec. 7980; C.S., sec. 9023; I.C.A., sec. 19-2401.]
Idaho Code § 19-6006 — Idaho Code / Title 19 / Chapter 60 / Section 19-6006
19-6006 DISTRICT PUBLIC DEFENDER.
Status: in_force

19-6006. district public defender. (1) In each judicial district described in chapter 8, title 1, Idaho Code, the state public defender shall employ a district public defender. The district public defender must be an employee of the office of the state public defender, meet and maintain the qualifications set forth in section 19-6004(2), Idaho Code, and not engage in any conduct prohibited by section 19-6004(3), Idaho Code, while employed as district public defender. The district public defender may be removed by the state public defender for failing to maintain the qualifications of the position established in this section, for engaging in conduct prohibited by this section, or for good cause shown. The duty station of each district public defender must be within the judicial district that the district public defender oversees.

(2) Under the direction and supervision of the state public defender, each district public defender shall carry out the purposes of this chapter in the judicial district, including supervising the defending attorneys, investigators, administrative staff, and other personnel in that judicial district, whether hired or contracted, coordinating litigation within that judicial district, assuring compliance with the provisions of section 19-6005, Idaho Code, as well as other duties assigned by the state public defender.

(3) The district public defender shall be the principal liaison with the administrative district judge, the trial court administrator, the boards of county commissioners, county clerks, and county prosecutors on administrative matters concerning the provision of public defense in the judicial district. Upon invitation, but not less than annually, the district public defender shall report to each board of county commissioners within the judicial district concerning public defense in the respective county.

History:

[19-6006, added 2023, ch. 220, sec. 1, p. 664; am. 2025, ch. 329, sec. 5, p. 1357.]
Idaho Code § 19-2013 — Idaho Code / Title 19 / Chapter 20 / Section 19-2013
19-2013 CHALLENGE TO INDIVIDUAL JUROR — KINDS.
Status: in_force

19-2013. Challenge to individual juror — Kinds. A challenge to an individual juror is either:

1. For cause; or,

2. Peremptory.

History:

[(19-2013) Cr. Prac. 1864, sec. 332, p. 252; R.S., R.C., & C.L., sec. 7827; C.S., sec. 8923; I.C.A., sec. 19-1913.]
Idaho Code § 19-1506 — Idaho Code / Title 19 / Chapter 15 / Section 19-1506
19-1506 FORM OF BENCH WARRANT.
Status: in_force

19-1506. Form of bench warrant. The bench warrant upon the indictment must, if the offense be a felony, be substantially in the following form:

County of …..

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

An indictment having been found on the …. day of …., …., in the district court of the …. judicial district, in and for the county of …., charging C.D. with the crime of …. (designating it generally); you are therefore commanded forthwith to arrest the above named C.D., and bring him before that court to answer said indictment; or if the court has adjourned for the term, that you deliver him into the custody of the sheriff of the county of …..

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

By order of said court.

(Seal.)

History:

[(19-1506) Cr. Prac. 1864, sec. 259, p. 245; R.S., R.C., & C.L., sec. 7715; C.S., sec. 8852; I.C.A., sec. 19-1406; am. 2002, ch. 32, sec. 4, p. 48.]
Idaho Code § 19-2520B — Idaho Code / Title 19 / Chapter 25 / Section 19-2520B
19-2520B INFLICTION OF GREAT BODILY INJURY — ATTEMPTED FELONY OR CONSPIRACY — EXTENSION OF PRISON TERM.
Status: in_force

19-2520B. Infliction of great bodily injury — Attempted felony or conspiracy — Extension of prison term. (1) Any person who inflicts great bodily injury, and the injury was either intended or the act causing the injury was done with a reckless disregard for the safety of another person, on any person, other than an accomplice, in the commission or attempted commission of a felony or conspiracy to commit such a felony shall be sentenced to an extended term sentence. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by twenty (20) years. A term of imprisonment shall be extended as provided in this section unless infliction of great bodily injury is an element of the offense of which he is found guilty. (2) As used in this section, "great bodily injury" means a significant or substantial physical injury.

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

(4) The additional terms provided in this section shall not be imposed unless the fact of great bodily injury is separately charged in the accusatory pleading and admitted by the accused or found to be true by the trier of fact after a verdict or finding of guilty on the substantive crime.

History:

[19-2520B, added 1981, ch. 150, sec. 1, p. 260; am. 1983, ch. 183, sec. 3, p. 498; am. 1986, ch. 319, sec. 3, p. 785.]
Idaho Code § 19-207 — Idaho Code / Title 19 / Chapter 2 / Section 19-207
19-207 EXAMINATION OF COMPLAINANT.
Status: in_force

19-207. Examination of complainant. When the information is laid before such magistrate he must examine on oath the informer, and any witness he may produce, and must take their depositions in writing and cause them to be subscribed by the parties making them.

History:

[(19-207) Cr. Prac. 1864, sec. 20, p. 216; R.S., R.C., & C.L., sec. 7381; C.S., sec. 8631; I.C.A., sec. 19-207.]
Idaho Code § 19-3910 — Idaho Code / Title 19 / Chapter 39 / Section 19-3910
19-3910 PRESENCE OF DEFENDANT.
Status: in_force

19-3910. Presence of defendant. The defendant must be personally present before the trial can proceed.

History:

[(19-3910) Cr. Prac. 1864, sec. 599, p. 288; R.S., R.C., & C.L., sec. 8288; C.S., sec. 9236; I.C.A., sec. 19-4010.]
Idaho Code § 19-1605 — Idaho Code / Title 19 / Chapter 16 / Section 19-1605
19-1605 ORDER NO BAR TO FUTURE PROSECUTION.
Status: in_force

19-1605. Order no bar to future prosecution. An order to set aside an indictment, as provided in this chapter, is no bar to a future prosecution for the same offense.

History:

[(19-1605) Cr. Prac. 1864, sec. 282, p. 247; R.S., R.C., & C.L., sec. 7734; C.S., sec. 8867; I.C.A., sec. 19-1505.]
Idaho Code § 19-6302 — Idaho Code / Title 19 / Chapter 63 / Section 19-6302
19-6302 PURPOSE.
Status: in_force

19-6302. purpose. The purpose of this chapter is to ensure that victims of crime may recover restitution or damages from money or property that offenders earn because of the publicity of their crimes. This chapter regulates only the money made, not speech itself, in order to protect constitutional free expression. This chapter shall apply to proceeds derived from criminal notoriety without regard to the expressive content or medium through which such proceeds are generated and shall not be construed to regulate speech or expression.

History:

[19-6302, added 2026, ch. 39, sec. 2, p. 167.]
Idaho Code § 19-1420 — Idaho Code / Title 19 / Chapter 14 / Section 19-1420
19-1420 AMENDMENT OF INDICTMENT.
Status: in_force

19-1420. Amendment of indictment. An indictment or information may be amended by the prosecuting attorney without leave of the court, at any time before the defendant pleads, and at any time thereafter, in the discretion of the court, where it can be done without prejudice to the substantial rights of the defendant. An information or indictment cannot be amended so as to charge an offense other than that for which the defendant has been held to answer.

History:

[(19-1420) C.S., sec. 8835-A as added by 1929, ch. 72, sec. 1, p. 110; I.C.A., sec. 19-1320.]
Idaho Code § 19-1429 — Idaho Code / Title 19 / Chapter 14 / Section 19-1429
19-1429 CONVICTION OR ACQUITTAL OF SEVERAL DEFENDANTS.
Status: in_force

19-1429. Conviction or acquittal of several defendants. Upon an indictment against several defendants, any one or more may be convicted or acquitted.

History:

[(19-1429) Cr. Prac. 1864, sec. 250, p. 244; R.S., R.C., & C.L., sec. 7696; C.S., sec. 8844; I.C.A., sec. 19-1329.]
Idaho Code § 19-405 — Idaho Code / Title 19 / Chapter 4 / Section 19-405
19-405 INDICTMENT — WHEN DEEMED FOUND.
Status: in_force

19-405. Indictment — When deemed found. An indictment is found, within the meaning of this chapter, when it is presented by the grand jury in open court, and there received and filed.

History:

[(19-405) Cr. Prac. 1864, sec. 97, p. 225; R.S., R.C., & C.L., sec. 7504; C.S., sec. 8705; I.C.A., sec. 19-405.]
Idaho Code § 19-701A — Idaho Code / Title 19 / Chapter 7 / Section 19-701A
19-701A OFFICER OF THIS STATE IN FRESH PURSUIT OF SUSPECTED FELON.
Status: in_force

19-701A. Officer of this state in fresh pursuit of suspected felon. Any peace officer of this state in fresh pursuit of a person who is reasonably believed by him to have committed a felony in this state or has committed, or attempted to commit, any criminal offense or traffic infraction in this state in the presence of such officer, or for whom a warrant of arrest is outstanding for a criminal offense, shall have authority to pursue, arrest and hold in custody or cite such person anywhere in this state. All privileges and immunities from liability, exemption from law, ordinances and rules, all pension relief, disability, workmen's compensation, and other benefits which normally apply to peace officers while they perform their duties in their own jurisdiction shall also apply to them when acting as contemplated above. In addition, this protection shall also be applicable when a peace officer is acting in response to a request for assistance out of his employing jurisdiction. The cost of this protection shall be borne by the individual peace officer's employing jurisdiction.

History:

[19-701A, added 1980, ch. 152, sec. 1, p. 322; am. 1981, ch. 137, sec. 1, p. 241; am. 1987, ch. 85, sec. 2, p. 160.]
Idaho Code § 19-624 — Idaho Code / Title 19 / Chapter 6 / Section 19-624
19-624 ARREST WITH CERTIFIED COPY OF WARRANT.
Status: in_force

19-624. Arrest with certified copy of warrant. Any arrest that may be lawfully made with an original warrant, may be made with a copy thereof, certified by the issuing magistrate to be a true and correct copy of the original warrant that is in his possession.

History:

[19-624, added 1967, ch. 114, sec. 1, p. 222.]
Idaho Code § 19-3019 — Idaho Code / Title 19 / Chapter 30 / Section 19-3019
19-3019 COMPLIANCE.
Status: in_force

19-3019. Compliance. The judge of the court in this state may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined.

History:

[19-3019, added 1959, ch. 10, sec. 7, p. 25.]
Idaho Code § 19-512 — Idaho Code / Title 19 / Chapter 5 / Section 19-512
19-512 DIRECTION TO OFFICERS THROUGHOUT STATE.
Status: in_force

19-512. Direction to officers throughout state. If a warrant is issued by a magistrate, it may be directed generally to any sheriff, constable, marshal or policeman in the state, and may be executed by any of those officers to whom it may be delivered.

History:

[(19-512) Cr. Prac. 1864, sec. 109, p. 227; R.S., R.C., & C.L., sec. 7523; C.S., sec. 8717; I.C.A., sec. 19-512; am. 1951, ch. 244, sec. 1, p. 516; am. 2012, ch. 20, sec. 8, p. 68.]
Idaho Code § 19-4001 — Idaho Code / Title 19 / Chapter 40 / Section 19-4001
19-4001 OFFICERS SUBJECT TO IMPEACHMENT.
Status: in_force

19-4001. Officers subject to impeachment. Any state officer, created by state law, shall be liable to impeachment for any misdemeanor in office.

History:

[(19-4001) Cr. Prac. 1864, sec. 49, p. 219; R.S., R.C., & C.L., sec. 7425; C.S., sec. 8654; I.C.A., sec. 19-4101.]
Idaho Code § 19-2205 — Idaho Code / Title 19 / Chapter 22 / Section 19-2205
19-2205 DISCHARGE OF JURY FOR ILLNESS OR ACCIDENT.
Status: in_force

19-2205. Discharge of jury for illness or accident. If, after the retirement of the jury, one (1) of them be taken so sick as to prevent the continuance of his duty, or any other accident or cause occur to prevent their being kept for deliberation, the jury may be discharged.

History:

[(19-2205) Cr. Prac. 1864, sec. 395, p. 260; R.S., R.C., & C.L., sec. 7904; C.S., sec. 8980; I.C., sec. 19-2105.]
Idaho Code § 19-2010 — Idaho Code / Title 19 / Chapter 20 / Section 19-2010
19-2010 CHALLENGE FOR BIAS OF OFFICERS.
Status: in_force

19-2010. Challenge for bias of officers. When the panel is formed, or in part formed, from persons whose names are not drawn as jurors, a challenge may be taken to the panel on account of any bias of the officer who summoned them, which would be good ground of challenge to a juror. Such challenge must be made in the same form, and determined in the same manner, as if made to a juror.

History:

[(19-2010) Cr. Prac. 1864, sec. 329, p. 250; R.S., R.C., & C.L., sec. 7824; C.S., sec. 8920; I.C.A., sec. 19-1910.]
Idaho Code § 19-1703 — Idaho Code / Title 19 / Chapter 17 / Section 19-1703
19-1703 GROUND FOR DEMURRER.
Status: in_force

19-1703. Ground for demurrer. The defendant may demur to the indictment when it appears upon the face thereof, either:

1. That the grand jury by which it was found had no legal authority to inquire into the offense charged, by reason of its not being within the legal jurisdiction of the county.

2. That it does not substantially conform to the requirements of sections 19-1409, 19-1410 and 19-1411.

3. That more than one offense is charged in the indictment.

4. That the facts stated do not constitute a public offense.

5. That the indictment contains any matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution.

History:

[(19-1703) Cr. Prac. 1864, sec. 285, p. 247; R.S., R.C., & C.L., sec. 7742; C.S., sec. 8870; I.C.A., sec. 19-1603.]
Idaho Code § 19-1707 — Idaho Code / Title 19 / Chapter 17 / Section 19-1707
19-1707 EFFECT OF JUDGMENT.
Status: in_force

19-1707. Effect of judgment. If the demurrer is allowed, the judgment is final upon the indictment demurred to, and is a bar to another prosecution for the same offense, unless the court, being of the opinion that the objection on which the demurrer is allowed may be avoided in a new indictment, directs the case to be resubmitted to the same or another grand jury.

History:

[(19-1707) Cr. Prac. 1864, sec. 289, p. 248; R.S., R.C., & C.L., sec. 7746; C.S., sec. 8874; I.C.A., sec. 19-1607.]
Idaho Code § 19-3915 — Idaho Code / Title 19 / Chapter 39 / Section 19-3915
19-3915 COURT TO DECIDE QUESTIONS OF LAW.
Status: in_force

19-3915. Court to decide questions of law. The court must decide all questions of law which may arise in the course of the trial.

History:

[(19-3915) Cr. Prac. 1864, sec. 605, p. 288; R.S., R.C., & C.L., sec. 8293; C.S., sec. 9241; I.C.A., sec. 19-4015; am. 2014, ch. 22, sec. 1, p. 29.]
Idaho Code § 19-4521 — Idaho Code / Title 19 / Chapter 45 / Section 19-4521
19-4521 GOVERNOR MAY RECALL WARRANT OR ISSUE ALIAS.
Status: in_force

19-4521. Governor may recall warrant or issue alias. The governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.

History:

[(19-4521) 1927, ch. 29, sec. 21, p. 31; I.C.A., sec. 19-4621; am. 2008, ch. 136, sec. 22, p. 391.]
Idaho Code § 19-2520E — Idaho Code / Title 19 / Chapter 25 / Section 19-2520E
19-2520E MULTIPLE ENHANCED PENALTIES PROHIBITED.
Status: in_force

19-2520E. Multiple enhanced penalties prohibited. Notwithstanding the enhanced penalty provisions in sections 19-2520, 19-2520A, 19-2520B and 19-2520C, Idaho Code, any person convicted of two (2) or more substantive crimes provided for in the above code sections, which crimes arose out of the same indivisible course of conduct, may only be subject to one (1) enhanced penalty.

History:

[19-2520E, added 1983, ch. 183, sec. 5, p. 499.]
Idaho Code § 19-1702 — Idaho Code / Title 19 / Chapter 17 / Section 19-1702
19-1702 DEMURRER OR PLEA — WHEN INTERPOSED.
Status: in_force

19-1702. Demurrer or plea — When interposed. Both the demurrer and plea must be put in, in open court, either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose.

History:

[(19-1702) Cr. Prac. 1864, sec. 284, p. 247; R.S., R.C., & C.L., sec. 7741; C.S., sec. 8869; I.C.A., sec. 19-1602.]
Idaho Code § 19-4706 — Idaho Code / Title 19 / Chapter 47 / Section 19-4706
19-4706 REMISSION OF FINES TO STATE TREASURER.
Status: in_force

19-4706. Remission of fines to state treasurer. The ten per cent (10%) apportionment of fines and forfeitures to be remitted to the state treasurer for deposit in the state general fund shall be remitted within five (5) days after the end of the month in which such fines and forfeitures were remitted to the county auditor.

History:

[19-4706, added 1969, ch. 136, sec. 2, p. 420; am. 1970, ch. 64, sec. 1, p. 153.]
Idaho Code § 19-1204 — Idaho Code / Title 19 / Chapter 12 / Section 19-1204
19-1204 ISSUANCE OF BENCH WARRANT.
Status: in_force

19-1204. Issuance of bench warrant. The clerk, on the application of the judge or prosecuting attorney, may accordingly, at any time after the order, whether the court be sitting or not, issue a bench warrant under his signature and the seal of the court into one or more counties.

History:

[(19-1204) Cr. Prac. 1864, sec. 221, p. 239; R.S., R.C., & C.L., sec. 7650; C.S., sec. 8805; I.C.A., sec. 19-1104.]
Idaho Code § 19-2301 — Idaho Code / Title 19 / Chapter 23 / Section 19-2301
19-2301 RETURN OF JURY.
Status: in_force

19-2301. Return of jury. When the jury have agreed upon their verdict they must be conducted into court by the officer having them in charge. Their names must then be called, and if all do not appear, the rest must be discharged without giving a verdict. In that case the action may be again tried at the same or another term.

History:

[(19-2301) Cr. Prac. 1864, sec. 401, p. 261; R.S., R.C., & C.L., sec. 7915; C.S., sec. 8986; I.C.A., sec. 19-2201.]
Idaho Code § 19-2605 — Idaho Code / Title 19 / Chapter 26 / Section 19-2605
19-2605 POWERS OF JUDGE AT CHAMBERS.
Status: in_force

19-2605. Powers of judge at chambers. The powers hereby conferred upon the district court may be exercised by the judge thereof at chambers.

History:

[(19-2605) 1915, ch. 104, part of sec. 1, p. 245; reen. C.L., sec. 8003; C.S., sec. 9047; I.C.A., sec. 19-2507.]
Idaho Code § 19-4903 — Idaho Code / Title 19 / Chapter 49 / Section 19-4903
19-4903 APPLICATION — CONTENTS.
Status: in_force

19-4903. Application — Contents. The application shall identify the proceedings in which the applicant was convicted, give the date of the entry of the judgment and sentence complained of, specifically set forth the grounds upon which the application is based, and clearly state the relief desired. Facts within the personal knowledge of the applicant shall be set forth separately from other allegations of facts and shall be verified as provided in section 19-4902. Affidavits, records, or other evidence supporting its allegations shall be attached to the application or the application shall recite why they are not attached. The application shall identify all previous proceedings, together with the grounds therein asserted, taken by the applicant to secure relief from his conviction or sentence. Argument, citations, and discussion of authorities are unnecessary.

History:

[19-4903, added 1967, ch. 25, sec. 3, p. 42.]
Idaho Code § 19-2009 — Idaho Code / Title 19 / Chapter 20 / Section 19-2009
19-2009 DENIAL OF CHALLENGE — TRIAL.
Status: in_force

19-2009. Denial of challenge — Trial. If the challenge is denied, the denial may be oral, and must be entered on the minutes of the court, and the court must proceed to try the question of fact; and upon such trial, the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge.

History:

[(19-2009) Cr. Prac. 1864, secs. 327, 328, p. 250; R.S., R.C., & C.L., sec. 7823; C.S., sec. 8919; I.C.A., sec. 19-1909.]