reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 29 - IDAHO BAIL ACT › Section 19-2909 - PROPERTY BOND.

19-2909. PROPERTY BOND. A property bond may be posted by the defendant or third person on behalf of the defendant. For real property to qualify as sufficient surety, it must be located in the state of Idaho and must have an equity value, after deducting the outstanding balance of any existing liens and encumbrances, in the amount of the bail set by the court plus anticipated collection costs. Acceptance of a property bond is in the discretion of the court. A property bond posted with and accepted by the court pursuant to this section, and recorded, shall constitute a consensual lien on the property pursuant to section 55-1005(3), Idaho Code. All fees shall be paid by the person posting the property bond. An order of the court exonerating the property bond shall extinguish the lien and cancel the promissory note. The property bond and the promissory note shall be in a form approved by the supreme court.
History:
[19-2909, added 2009, ch. 90, sec. 2, p. 262.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 29 - IDAHO BAIL ACT › Section 19-2910 - SUBSTITUTION OF SUFFICIENT SURETIES.

19-2910. SUBSTITUTION OF SUFFICIENT SURETIES. At any time before an order of forfeiture, the court may allow the defendant to substitute any type of surety identified in section 19-2907, Idaho Code, for the previously posted surety. Upon substitution, the previously posted surety shall be exonerated.
History:
[19-2910, added 2009, ch. 90, sec. 2, p. 262.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 29 - IDAHO BAIL ACT › Section 19-2911 - RELEASE OF DEFENDANT ON POSTING BAIL.

19-2911. RELEASE OF DEFENDANT ON POSTING BAIL. Upon the posting of bail in the amount set by the court, the defendant shall be released from the actual custody of the sheriff.
History:
[19-2911, added 2009, ch. 90, sec. 2, p. 262.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 29 - IDAHO BAIL ACT › Section 19-2912 - INCREASING OR REDUCING BAIL.

19-2912. INCREASING OR REDUCING BAIL. After a defendant has been admitted to bail, the court in which the charge is pending may, upon good cause shown, increase or reduce the amount of bail. If the amount is increased, the court shall order the defendant to be committed to the actual custody of the sheriff until bail is posted in the increased amount. Any previous bail posted in the case shall be exonerated by the court. If the defendant applies for a reduction of the amount of bail, notice of the application shall be served upon the attorney for the state and the person posting bail within five (5) business days.
History:
[19-2912, added 2009, ch. 90, sec. 2, p. 262.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 29 - IDAHO BAIL ACT › Section 19-2913 - SURRENDER OF DEFENDANT.

19-2913. SURRENDER OF DEFENDANT. (1) At any time before forfeiture of bail, a surety insurance company or its bail agent or person posting a property bond or cash deposit may surrender the defendant to the sheriff of the county where the action is pending. Upon the surrender of the defendant, the sheriff shall accept and incarcerate the defendant in lieu of the bail originally set by the court.
(2) At the time of surrender of the defendant to the sheriff, the surety insurance company or its bail agent or person posting a property bond or cash deposit shall provide the sheriff with a certificate of surrender.
(3) The surety insurance company or its bail agent or person posting a property bond or cash deposit shall, within five (5) business days of the surrender of the defendant, file with the court in which the action or appeal is pending the certificate of surrender and shall deliver a copy of the same to the attorney for the state. The court shall thereupon order the bail exonerated.
(4) At any time before forfeiture of bail, a defendant may surrender himself to the sheriff of the county where the action is pending. Upon surrender by the defendant, the sheriff shall accept and incarcerate the defendant in lieu of the bail originally set by the court.
History:
[19-2913, added 2009, ch. 90, sec. 2, p. 262.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 29 - IDAHO BAIL ACT › Section 19-2914 - ARREST OF DEFENDANT FOR SURRENDER.

19-2914. ARREST OF DEFENDANT FOR SURRENDER. At any time before the exoneration of bail, the surety insurance company or its bail agent or the person posting a property bond or cash deposit may empower a bail enforcement agent to arrest the defendant at any place within the state by signing an affidavit extending such authority.
History:
[19-2914, added 2009, ch. 90, sec. 2, p. 262; am. 2019, ch. 266, sec. 1, p. 778; am. 2020, ch. 126, sec. 1, p. 394.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 29 - IDAHO BAIL ACT › Section 19-2915 - FORFEITURE OF BAIL.

19-2915. FORFEITURE OF BAIL. (1) If without sufficient excuse the defendant fails to appear before the court as ordered, the court shall immediately:
(a) Enter the defendant’s failure to appear in the minutes;
(b) Order forfeiture of the bail; and
(c) Issue a bench warrant for the arrest of the defendant.
(2) The court, in its discretion, may:
(a) Set the amount of bail in the bench warrant;
(b) Set the amount of bail in the bench warrant but require that the defendant appear before the court where the charge or charges are pending before being released on bail; or
(c) Set no bail on the bench warrant and require that the defendant not be released until appearing before the court where the charges are pending, at which time the court shall set bail or release the defendant on the defendant’s own recognizance, and shall set any conditions of release.
(3) The clerk shall provide the person posting bail written notice of the order of forfeiture by mailing notice within five (5) business days of the order of forfeiture to the last known address of the person posting bail or that person’s designated agent.
(4) If the court quashes the bench warrant within one hundred eighty (180) days after the order of forfeiture, the forfeiture of bail shall be set aside and the court shall notify the person posting bail of the setting aside of the forfeiture within five (5) business days of the date of the order quashing the bench warrant and reinstating the bail.
History:
[19-2915, added 2009, ch. 90, sec. 2, p. 263; am. 2015, ch. 182, sec. 2, p. 587.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 29 - IDAHO BAIL ACT › Section 19-2916 - SETTING ASIDE ORDER OF FORFEITURE AND REINSTATING BAIL.

19-2916. SETTING ASIDE ORDER OF FORFEITURE AND REINSTATING BAIL. If the defendant appears in court after the entry of the defendant’s failure to appear and satisfactorily explains his failure to appear, the court may set aside the order of forfeiture and reinstate bail. Before reinstatement of bail, the court shall quash any bench warrant and set aside any order of forfeiture of the bail. The court shall provide written notice of reinstatement of bail to the person posting bail or to that person’s designated agent within five (5) business days of the order reinstating bail.
History:
[19-2916, added 2009, ch. 90, sec. 2, p. 263.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 29 - IDAHO BAIL ACT › Section 19-2917 - MOTION TO SET ASIDE FORFEITURE.

19-2917. MOTION TO SET ASIDE FORFEITURE. Pursuant to a motion filed within one hundred eighty (180) days after an order of forfeiture as provided in section 19-2915, Idaho Code, the court that ordered forfeiture may direct that the order of forfeiture be set aside, in whole or in part, upon such conditions as the court may impose, as provided by rules adopted by the supreme court, if it appears that justice so requires. If the court sets aside the order of forfeiture, then it may:
(1) Reinstate the bail;
(2) Exonerate the bail;
(3) Recommit the defendant to the custody of the sheriff and set new bail; or
(4) Release the defendant on his own recognizance.
History:
[19-2917, added 2009, ch. 90, sec. 2, p. 263.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 29 - IDAHO BAIL ACT › Section 19-2919 - REVOCATION OF BAIL — VIOLATION OF CONDITIONS OF RELEASE.

19-2919. REVOCATION OF BAIL — VIOLATION OF CONDITIONS OF RELEASE. (1) Upon its own motion or upon a verified petition alleging that the defendant willfully violated a condition of release, the court may issue a bench warrant directing that the defendant be arrested and brought before the court for a bail revocation hearing, or the court may order the defendant to appear before the court at a time certain. At the bail revocation hearing, if the court finds that the defendant willfully violated a condition of release and the defendant is present before the court, the court may revoke the bail and remand the defendant to the custody of the sheriff. At any time thereafter, the court may reset bail in the same or a new amount and impose conditions of release. If the defendant fails to appear at the bail revocation hearing, the court shall issue a bench warrant for the defendant’s arrest.
(2) In its order revoking bail, the court shall recite generally the facts upon which revocation of bail is founded and order that the defendant be recommitted to the custody of the sheriff of the county where the action is pending to be detained until legally released. The court may reset bail in the same or a new amount and impose any appropriate conditions of release.
(3) The court may deny readmittance to bail if the court finds that the defendant has intimidated or harassed a victim, potential witness, juror or judicial officer or has committed one (1) or more violations of the conditions of release and such violation or violations constituted a threat to the integrity of the judicial system.
History:
[19-2919, added 2009, ch. 90, sec. 2, p. 264.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 29 - IDAHO BAIL ACT › Section 19-2920 - REVOCATION OF BAIL — INSUFFICIENT SURETY.

19-2920. REVOCATION OF BAIL — INSUFFICIENT SURETY. (1) Private surety. Upon the filing of a verified petition alleging that the bail posted by a cash deposit or property bond has become insufficient by reason of bankruptcy, death or any other reason, the court may order the defendant and the private surety to appear before the court at a time certain for a bail revocation hearing. At the bail revocation hearing, if the court finds that the private surety is insufficient, the court may revoke the bail and recommit the defendant to the custody of the sheriff. If the defendant fails to appear for the bail revocation hearing, the court shall immediately issue a bench warrant for the defendant’s arrest.
(2) Surety insurance company. Upon the filing of a verified petition alleging bail posted by a surety insurance company has become insufficient by reason of bankruptcy, receivership, suspension or revocation of authority to conduct business in the state of Idaho or any other reason, the court may order the defendant and the commercial surety or its agent to appear before the court at a time certain for a bail revocation hearing. At the bail revocation hearing, if the court finds that the commercial surety is insufficient, it may revoke the bail and recommit the defendant to the custody of the sheriff. If the defendant fails to appear for the bail revocation hearing, the court shall immediately issue a bench warrant for the defendant’s arrest.
(3) In its order revoking bail, the court shall recite generally the facts upon which revocation of bail is founded and order that the defendant be recommitted to the custody of the sheriff of the county where the action is pending to be detained until legally released. The court shall set bail in the same or a new amount and impose any appropriate conditions of release.
History:
[19-2920, added 2009, ch. 90, sec. 2, p. 264.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 29 - IDAHO BAIL ACT › Section 19-2921 - ORDER OF RECOMMITMENT — READMITTANCE TO BAIL.

19-2921. ORDER OF RECOMMITMENT — READMITTANCE TO BAIL. In its order revoking bail, the court shall recite generally the facts upon which revocation of bail is founded and order that the defendant be recommitted to the custody of the sheriff of the county where the action is pending to be detained until legally released. If the offense is bailable, the court shall fix bail in a new amount and impose any appropriate conditions of release.
History:
[19-2921, added 2009, ch. 90, sec. 2, p. 264.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 29 - IDAHO BAIL ACT › Section 19-2922 - EXONERATION OF BAIL.

19-2922. EXONERATION OF BAIL. The court shall order the bail exonerated in the following circumstances:
(1) The defendant has appeared for all court proceedings as ordered and all charges for which the bail has been posted have been resolved by acquittal, dismissal or sentencing;
(2) Written notice of the court’s order of forfeiture was not mailed to the person posting bail or his designated agent within five (5) business days of the order of forfeiture;
(3) Written notice of the court’s order to set aside the order of forfeiture and reinstating bail was not mailed to the person posting bail or his designated agent within five (5) business days of the order;
(4) Before any order of forfeiture, the defendant has been surrendered or has surrendered himself to the sheriff of the county where the action is pending and the certificate of surrender has been filed with the court as required in section 19-2913, Idaho Code;
(5) The defendant has appeared before the court within one hundred eighty (180) days of the court’s order of forfeiture, unless the court has set aside the order of forfeiture and has reinstated bail pursuant to section 19-2916, Idaho Code; provided, that in those cases where the defendant was not returned by the person posting bail to the sheriff of the county where the action is pending, the court may condition the exoneration of bail and the setting aside of the forfeiture on payment by the person posting bail of any costs incurred by state or local authorities arising from the transport of the defendant to the jail facility of the county where the charges are pending. Such costs shall not exceed the amount of the bail posted;
(6) The court has revoked bail and has ordered that the defendant be recommitted.
History:
[19-2922, added 2009, ch. 90, sec. 2, p. 264.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 29 - IDAHO BAIL ACT › Section 19-2923 - SEVERABILITY.

19-2923. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.
History:
[19-2923, added 2009, ch. 90, sec. 2, p. 265.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3001 - RULES FOR DETERMINING COMPETENCY.

19-3001. RULES FOR DETERMINING COMPETENCY. The rules for determining the competency of witnesses in civil actions are applicable also to criminal actions and proceedings, except as otherwise provided in this code.
History:
[(19-3001) R.S., R.C., & C.L., sec. 8141; C.S., sec. 9129; I.C.A., sec. 19-2901.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3002 - HUSBAND AND WIFE AS WITNESSES.

19-3002. HUSBAND AND WIFE AS WITNESSES. Neither husband nor wife are competent witnesses for or against each other in a criminal action or proceeding to which one or both are parties, except:
1. With the consent of both, or
2. In cases of criminal violence upon one by the other; or acts of physical injury upon a child of either the husband or the wife where the injury has been caused as a result of physical abuse or neglect by one or both of the parents; or to acts or attempted acts of lewd conduct with a minor child; or
3. In cases of desertion or nonsupport of wife or child by the husband.
History:
[(19-3002) R.S. & R.C., sec. 8142; compiled and reen. C.L., sec. 8142; C.S., sec. 9130; I.C.A., sec. 19-2902; am. 1979, ch. 152, sec. 1, p. 468.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3003 - DEFENDANT NOT OBLIGED TO TESTIFY.

19-3003. DEFENDANT NOT OBLIGED TO TESTIFY. A defendant in a criminal action or proceeding to which he is a party, is not, without his consent, a competent witness for or against himself. His neglect or refusal to give such consent shall not in any manner prejudice him nor be used against him on the trial or proceeding.
History:
[(19-3003) Cr. Prac. 1864, sec. 12, p. 214; R.S., R.C., & C.L., sec. 8143; C.S., sec. 9131; I.C.A., sec. 19-2903.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3004 - COMPELLING ATTENDANCE OF WITNESS — SUBPOENA AND HOW ISSUED.

19-3004. COMPELLING ATTENDANCE OF WITNESS — SUBPOENA AND HOW ISSUED. The process by which the attendance of a witness before a court or magistrate is required is a subpoena. It may be signed and issued by:
1. A magistrate before whom an information is laid, for witnesses in the state, either on behalf of the people or of the defendant.
2. The prosecuting attorney, for witnesses in the state in support of the prosecution, or for such other witnesses as the grand jury, upon an investigation pending before them, may direct.
3. The prosecuting attorney, for witnesses in the state in support of an indictment or information, to appear before the court in which it is to be tried.
4. The clerk of the court in which an indictment or information is to be tried; and he must, at any time, upon application of the defendant, and without charge, issue as many blank subpoenas, subscribed by him as clerk, for witnesses in the state or without the state as provided in section 19-3005, as the defendant may require.
History:
[(19-3004) Cr. Prac. 1864, secs. 534, 538, p. 278; R.S., R.C., & C.L., sec. 8148; C.S., sec. 9132; I.C.A., sec. 19-2904; am. 1935, ch. 10, sec. 1, p. 24.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3006 - FORM OF SUBPOENA.

19-3006. FORM OF SUBPOENA. A subpoena authorized by section 19-3004, Idaho Code, must be substantially in the following form:
The state of Idaho to A.B.:
You are commanded to appear before C.D., a [district] [magistrate] judge, in…. county (or as the case may be), at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the state of Idaho against E.F.
Given under my hand this…. day of….,…..
G.H., [District] [Magistrate] Judge, (or "J.K., Prosecuting Attorney," or
"By order of the court, L.M., Clerk," or as the case may be).
If books, papers or documents are required, a direction to the following effect must be contained in the subpoena: "And you are required, also, to bring with you the following" (describing intelligibly the books, papers or documents required).
History:
[(19-3006) Cr. Prac. 1864, secs. 539, 540, p. 279; R.S., R.C., & C.L., sec. 8149; C.S., sec. 9133; I.C.A., sec. 19-2905; am. 2002, ch. 32, sec. 6, p. 49; am. 2012, ch. 20, sec. 9, p. 68.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3007 - SERVICE OF SUBPOENA.

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.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3007A - SERVICE OF SUBPOENA BY MAIL OR MESSENGER.

19-3007A. SERVICE OF SUBPOENA BY MAIL OR MESSENGER. (1) Notwithstanding the provisions of section 19-3007, Idaho Code, a subpoena may be delivered by mail or messenger. Service shall be effected when the witness acknowledges receipt of the subpoena to the sender by telephone, by mail, or in person, and identifies himself or herself by reference to his date of birth and his driver’s license number or social security number. The sender shall make a written notation of the identifying information obtained during any acknowledgement by telephone or in person. A subpoena issued and acknowledged pursuant to this section shall have the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt, and the subpoena may so state; provided, that a warrant of arrest or a body attachment may not be issued based upon a failure to appear after being subpoenaed pursuant to this section.
(2) A party requesting a continuance based upon the failure of a witness to appear in court at the time and place required for his appearance or testimony pursuant to a subpoena shall prove to the court that the party has complied with the provisions of this section. Such a continuance shall only be granted for a period of time which would allow personal service of the subpoena and a reasonable time for the witness to appear before the court.
History:
[19-3007A, added 1989, ch. 267, sec. 2, p. 653.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3008 - FEES AND MILEAGE OF WITNESSES.

19-3008. FEES AND MILEAGE OF WITNESSES. When a person shall attend before a grand jury, or the district court, as a witness, upon a subpoena, or pursuant to an undertaking, such person shall receive the same rate per mile as the state of Idaho pays for state employees pursuant to section 67-2008, Idaho Code, but no person can receive more than one (1) mileage under this section per day of attendance in court; such person shall also receive eight dollars ($8.00) per day for each day’s actual attendance as such witness and reasonable lodging expenses when approved in advance by the judge before whom the witness appears. Such mileage and per diem must be paid out of the county treasury of the county where such district court is held, upon the certificate of the clerk of said court: provided, however, that when a defendant in a criminal proceeding requires the attendance of more than five (5) witnesses in his behalf, before such witnesses shall be subpoenaed at the county’s expense, or their fees and mileage be a charge against the county, such defendant must make affidavit setting forth that they are witnesses whose evidence is material to his defense, and that he can not safely go to trial without them. In such case the court, or the judge thereof, at any time application is made therefor, shall order a subpoena to issue to such of said witnesses as the court, or the judge thereof, may deem material for the defendant, and the costs incurred by the process and the fees and mileage of such witnesses shall be paid in the same manner that the costs and fees of other witnesses are paid.
History:
[(19-3008) R.S., sec. 8151; am. 1893, p. 20, sec. 1; reen. 1899, p. 172, sec. 1; am. 1899, p. 367, sec. 1; reen. R.C., & C.L., sec. 8151; C.S., sec. 9135; I.C.A., sec. 19-2907; am. 1961, ch. 5, sec. 1, p. 7; am. 1982, ch. 213, sec. 3, p. 587; am. 1985, ch. 122, sec. 8, p. 303.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3010 - DISOBEDIENCE TO SUBPOENA.

19-3010. DISOBEDIENCE TO SUBPOENA. Disobedience to a subpoena, or a refusal to be sworn or to testify as a witness, may be punished by the court or magistrate as a contempt. A witness disobeying a subpoena issued on the part of the defendant, unless he show good cause for his nonattendance, is liable to the defendant in the sum of $100, which may be recovered in a civil action.
History:
[(19-3010) Cr. Prac. 1864, secs. 546, 548, pp. 279 and 280; R.S., R.C., & C.L., sec. 8153; C.S., sec. 9137; I.C.A., sec. 19-2909.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3011 - FORFEITURE OF UNDERTAKING OF WITNESS.

19-3011. FORFEITURE OF UNDERTAKING OF WITNESS. When a witness has entered into an undertaking to appear, upon his failure to do so the undertaking is forfeited in the same manner as undertakings of bail.
History:
[(19-3011) Cr. Prac. 1864, sec. 547, p. 280; R.S., R.C., & C.L., sec. 8154; C.S., sec. 9138; I.C.A., sec. 19-2910.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3012 - PRODUCTION OF IMPRISONED WITNESS — PROCEDURE.

19-3012. PRODUCTION OF IMPRISONED WITNESS — PROCEDURE. When the testimony of a material witness for the people is required in a criminal action before a court of record of this state, and such witness is a prisoner in the state prison or in a county jail, an order for his temporary removal from such prison or jail, and for his production before such court, may be made by the court in which the action is pending, or by a judge thereof; but in case the prison or jail is out of the county in which the application is made, such order can only be made upon the affidavit of the prosecuting attorney or other person on behalf of the people showing that the testimony is material and necessary; and even then the granting of the order is in the discretion of the court or judge. The order must be executed by the sheriff of the county in which it is made, whose duty it is to bring the prisoner before the proper court, to safely keep him, and when he is no longer required as a witness, to return him to the prison or jail whence he was taken. The expense of executing such order must be paid by the county in which the order is made.
History:
[(19-3012) R.S., R.C., & C.L., sec. 8155; C.S., sec. 9139; I.C.A., sec. 19-2911.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3013 - DEFINITIONS.

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.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3014 - SUMMONING WITNESS IN THIS STATE TO TESTIFY IN ANOTHER STATE.

19-3014. SUMMONING WITNESS IN THIS STATE TO TESTIFY IN ANOTHER STATE. A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify (1) that there is a criminal proceeding or investigation, by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in this state may be a material witness in the proceeding, investigation or action, and (3) that his presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined, and upon notice to the attorney general, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him at the hearing.
History:
[19-3014, added 1959, ch. 10, sec. 2, p. 25.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3015 - COURT ORDER.

19-3015. COURT ORDER. If at the hearing the judge determines (1) that the witness may be material and necessary, (2) that his attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness, (3) that the laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order, and (4) that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass, the judge shall issue an order, with a copy of the certificate attached, (a) directing the witness to attend and testify, (b) directing the person having custody of the witness to produce him, in the court where the criminal action is pending, or where the grand jury investigation is pending, at a time and place specified in the order, and (c) prescribing such conditions as the judge shall determine.
History:
[19-3015, added 1959, ch. 10, sec. 3, p. 25.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3016 - TERMS AND CONDITIONS.

19-3016. TERMS AND CONDITIONS. The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production and return of the witness, and may prescribe such other conditions as the judge thinks proper or necessary. The order shall not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed.
History:
[19-3016, added 1959, ch. 10, sec. 4, p. 25.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3018 - PRISONER FROM ANOTHER STATE SUMMONED TO TESTIFY IN THIS STATE.

19-3018. PRISONER FROM ANOTHER STATE SUMMONED TO TESTIFY IN THIS STATE. If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify (1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in the other state may be a material witness in a proceeding, investigation, or action, and (3) that his presence will be required during a specified time. The certificate will be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be given to the attorney general of the state in which the prisoner is confined.
History:
[19-3018, added 1959, ch. 10, sec. 6, p. 25.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3019 - COMPLIANCE.

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.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3020 - EXEMPTION FROM ARREST AND SERVICE OF PROCESS.

19-3020. EXEMPTION FROM ARREST AND SERVICE OF PROCESS. If a witness from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, he shall not while in this state pursuant to the order be subject to arrest or the service of process, civil or criminal, because of any act committed prior to his arrival in this state under the order.
History:
[19-3020, added 1959, ch. 10, sec. 8, p. 25.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3021 - UNIFORMITY OF INTERPRETATION.

19-3021. UNIFORMITY OF INTERPRETATION. This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
History:
[19-3021, added 1959, ch. 10, sec. 9, p. 25.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3022 - SHORT TITLE.

19-3022. SHORT TITLE. This act may be cited as the "Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act."
History:
[19-3022, added 1959, ch. 10, sec. 10, p. 25.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3023 - CHILD SUMMONED AS WITNESS.

19-3023. CHILD SUMMONED AS WITNESS. (1) When a child is summoned as a witness in any hearing in any criminal matter, including any preliminary hearing, notwithstanding any other statutory provision, parents, a counselor, friend or other person having a supportive relationship with the child, or a facility dog, shall be allowed to remain in the courtroom at the witness stand with the child during the child’s testimony unless in written findings made and entered, the court finds that the defendant’s constitutional right to a fair trial will be unduly prejudiced.
(2) When a child is summoned as a witness in any hearing in a noncriminal matter that involves the abuse, neglect or abandonment of the child, including any preliminary hearing, notwithstanding any other statutory provision, a facility dog shall be allowed to remain in the courtroom at the witness stand with the child during the child’s testimony.
(3) For purposes of this section, "facility dog" means a dog that is a graduate of an assistance dog organization that is a member of assistance dogs international or a similar internationally recognized organization whose main purpose is to grant accreditation to assistance dog organizations based on standards of excellence in all areas of assistance dog acquisition, training and placement.
History:
[19-3023, added 1983, ch. 206, sec. 1, p. 560; am. 1989, ch. 48, sec. 1, p. 60; am. 2017, ch. 176, sec. 1, p. 407.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3024 - STATEMENTS BY CHILD.

19-3024. STATEMENTS BY CHILD. Statements made by a child under the age of ten (10) years describing any act of sexual abuse, physical abuse, or other criminal conduct committed with or upon the child, although not otherwise admissible by statute or court rule, are admissible in evidence after a proper foundation has been laid in accordance with the Idaho rules of evidence in any proceedings under the child protective act, chapter 16, title 16, Idaho Code, or in any criminal proceedings in the courts of the state of Idaho if:
1. The court finds, in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statements provide sufficient indicia of reliability; and
(2) The child either:
(a) Testifies at the proceedings; or
(b) Is unavailable as a witness. A child is unavailable as a witness when the child is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity. Provided, that when the child is unavailable as a witness, such statements may be admitted only if there is corroborative evidence of the act.
Statements may not be admitted unless the proponent of the statements notifies the adverse party of his intention to offer the statements and the particulars of the statements sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statements.
History:
[19-3024, added 1986, ch. 196, sec. 1, p. 494.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 30 - WITNESSES IN CRIMINAL PROCEEDINGS › Section 19-3025 - WITNESS PSYCHIATRIC, PSYCHOLOGICAL EXAMINATION.

19-3025. WITNESS PSYCHIATRIC, PSYCHOLOGICAL EXAMINATION. Except upon the agreement of the parties, the court shall not order a witness in a prosecution for any offense or a victim of any offense to submit to a psychiatric or psychological examination for the purpose of assessing the witness’s or victim’s credibility.
History:
[19-3025, added 1989, ch. 304, sec. 1, p. 758.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 31 - EXAMINATION OF WITNESSES CONDITIONALLY › Section 19-3102 - GROUNDS FOR EXAMINATION.

19-3102. GROUNDS FOR EXAMINATION. When a material witness for the defendant is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehending that he will be unable to attend the trial, the defendant may apply for an order that the witness be examined conditionally.
History:
[(19-3102) Cr. Prac. 1864, sec. 555, p. 281; R.S., R.C., & C.L., sec. 8161; C.S., sec. 9141; I.C.A., sec. 19-3002.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 31 - EXAMINATION OF WITNESSES CONDITIONALLY › Section 19-3103 - CONTENTS OF APPLICATION.

19-3103. CONTENTS OF APPLICATION. The application must be made upon affidavit, stating:
1. The nature of the offense charged.
2. The state of the proceedings in the action.
3. The name and residence of the witness, and that his testimony is material to the defense of the action.
4. That the witness is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehending that he will not be able to attend the trial.
History:
[(19-3103) Cr. Prac. 1864, sec. 553, p. 280; R.S., R.C., & C.L., sec. 8162; C.S., sec. 9142; I.C.A., sec. 19-3003.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 31 - EXAMINATION OF WITNESSES CONDITIONALLY › Section 19-3104 - MAKING OF APPLICATION.

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.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 31 - EXAMINATION OF WITNESSES CONDITIONALLY › Section 19-3105 - ORDER FOR EXAMINATION.

19-3105. ORDER FOR EXAMINATION. If the court or judge is satisfied that the examination of the witness is necessary, an order must be made that the witness be examined conditionally, at a specified time and place, and that a copy of the order be served on the prosecuting attorney, within a specified time before that fixed for the examination.
History:
[(19-3105) Cr. Prac. 1864, sec. 555, p. 281; R.S., R.C., & C.L., sec. 8164; C.S., sec. 9144; I.C.A., sec. 19-3005.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 31 - EXAMINATION OF WITNESSES CONDITIONALLY › Section 19-3106 - PROCEEDINGS IN ABSENCE OF COUNTY ATTORNEY.

19-3106. PROCEEDINGS IN ABSENCE OF COUNTY ATTORNEY. The order must direct that the examination be taken before a magistrate named therein, and on proof being furnished to such magistrate of service upon the prosecuting attorney of a copy of the order, if no counsel appear on the part of the people, the examination must proceed.
History:
[(19-3106) R.S., R.C., & C.L., sec. 8165; C.S., sec. 9145; I.C.A., sec. 19-3006.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 31 - EXAMINATION OF WITNESSES CONDITIONALLY › Section 19-3107 - DISCONTINUANCE OF EXAMINATION.

19-3107. DISCONTINUANCE OF EXAMINATION. If the prosecuting attorney or other counsel appear on behalf of the people, and it is shown to the satisfaction of the magistrate, by affidavit or other proof, or on the examination of the witness, that he is not about to leave the state, or is not sick and infirm, or that the application was made to avoid the examination of the witness on the trial, the examination cannot take place; otherwise it must proceed.
History:
[(19-3107) R.S., R.C., & C.L., sec. 8166; C.S., sec. 9146; I.C.A., sec. 19-3007.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 31 - EXAMINATION OF WITNESSES CONDITIONALLY › Section 19-3108 - SUBPOENA FOR WITNESS.

19-3108. SUBPOENA FOR WITNESS. The attendance of the witness may be enforced by a subpoena, issued by the magistrate before whom the examination is to be taken.
History:
[(19-3108) R.S., R.C., & C.L., sec. 8167; C.S., sec. 9147; I.C.A., sec. 19-3008.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 31 - EXAMINATION OF WITNESSES CONDITIONALLY › Section 19-3109 - TAKING AND AUTHENTICATION OF TESTIMONY.

19-3109. TAKING AND AUTHENTICATION OF TESTIMONY. The testimony given by the witness must be reduced to writing and authenticated in the same manner as the testimony of a witness taken in support of an information.
History:
[(19-3109) R.S., R.C., & C.L., sec. 8168; C.S., sec. 9148; I.C.A., sec. 19-3009.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 31 - EXAMINATION OF WITNESSES CONDITIONALLY › Section 19-3110 - TRANSMISSION OF DEPOSITIONS.

19-3110. TRANSMISSION OF DEPOSITIONS. The deposition taken must, by the magistrate, be sealed up and transmitted to the clerk of the court in which the action is pending or may come for trial.
History:
[(19-3110) R.S., R.C., & C.L., sec. 8169; C.S., sec. 9149; I.C.A., sec. 19-3010.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 31 - EXAMINATION OF WITNESSES CONDITIONALLY › Section 19-3111 - USE OF DEPOSITION ON TRIAL.

19-3111. USE OF DEPOSITION ON TRIAL. The deposition, or a certified copy thereof, may be read in evidence by either party on the trial, upon its appearing that the witness is unable to attend, by reason of his death, insanity, sickness or infirmity, or of his continued absence from the state. Upon reading the depositions in evidence, the same objections may be taken to a question or answer contained therein, as if the witness had been examined orally in court.
History:
[(19-3111) Cr. Prac. 1864, sec. 569, p. 282; R.S., R.C., & C.L., sec. 8170; C.S., sec. 9150; I.C.A., sec. 19-3011.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 31 - EXAMINATION OF WITNESSES CONDITIONALLY › Section 19-3112 - DEPOSITION OF IMPRISONED WITNESS.

19-3112. DEPOSITION OF IMPRISONED WITNESS. When a material witness for a defendant, under a criminal charge, is a prisoner in the state prison, or in the county jail of a county other than that in which the defendant is to be tried, his deposition may be taken on behalf of the defendant, in the same manner provided in the case of a witness who is sick, and the provisions of this chapter, so far as applicable, govern in the application for, and in the taking and use of, such deposition. Such deposition may be taken before any magistrate or notary public of the county in which the jail or prison is situated. Every officer before whom testimony is taken by virtue hereof shall have authority to administer, and must administer, an oath to the witness that his testimony shall be the truth, the whole truth, and nothing but the truth.
History:
[(19-3112) R.S., R.C., & C.L., sec. 8171; C.S., sec. 9151; I.C.A., sec. 19-3012.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 32 - EXAMINATION OF WITNESSES ON COMMISSION › Section 19-3201 - EXAMINATION OF NONRESIDENT WITNESS.

19-3201. EXAMINATION OF NONRESIDENT WITNESS. When an issue of fact is joined upon an indictment the defendant may have any material witness, residing out of the state, examined in his behalf, as prescribed in this chapter, and not otherwise.
History:
[(19-3201) R.S., R.C., & C.L., sec. 8176; C.S., sec. 9152; I.C.A., sec. 19-3101.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 32 - EXAMINATION OF WITNESSES ON COMMISSION › Section 19-3202 - APPLICATION FOR ORDER.

19-3202. APPLICATION FOR ORDER. When a material witness for the defendant resides out of the state the defendant may apply for an order that the witness be examined on a commission.
History:
[(19-3202) R.S., R.C., & C.L., sec. 8177; C.S., sec. 9153; I.C.A., sec. 19-3102.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 32 - EXAMINATION OF WITNESSES ON COMMISSION › Section 19-3203 - COMMISSION DEFINED.

19-3203. COMMISSION DEFINED. A commission is a process issued under the seal of the court and the signature of the clerk, directed to some person designated as commissioner, authorizing him to examine the witness upon oath or interrogatories annexed thereto, to take and certify the deposition of the witness, and to return it according to the directions given with the commission.
History:
[(19-3203) Cr. Prac. 1864, sec. 551, p. 280; R.S., R.C., & C.L., sec. 8178; C.S., sec. 9154; I.C.A., sec. 19-3103.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 32 - EXAMINATION OF WITNESSES ON COMMISSION › Section 19-3204 - AFFIDAVIT TO ACCOMPANY APPLICATION.

19-3204. AFFIDAVIT TO ACCOMPANY APPLICATION. The application must be made upon affidavit, stating:
1. The nature of the offense charged.
2. The state of the proceedings in the action, and that an issue of fact has been joined therein.
3. The name of the witness, and that his testimony is material to the defense of the action.
4. That the witness resides out of the state.
History:
[(19-3204) Cr. Prac. 1864, sec. 553, p. 280; R.S., R.C., & C.L., sec. 8179; C.S., sec. 9155; I.C.A., sec. 19-3104.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 32 - EXAMINATION OF WITNESSES ON COMMISSION › Section 19-3205 - MAKING OF APPLICATION.

19-3205. MAKING OF APPLICATION. The application may be made to the court during the term, or to the judge in vacation, and must be upon three (3) days’ notice to the prosecuting attorney.
History:
[(19-3205) Cr. Prac. 1864, sec. 554, p. 281; R.S., R.C., & C.L., sec. 8180; C.S., sec. 9156; I.C.A., sec. 19-3105.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 32 - EXAMINATION OF WITNESSES ON COMMISSION › Section 19-3206 - ORDER FOR COMMISSION.

19-3206. ORDER FOR COMMISSION. If the court or judge to whom the application is made is satisfied of the truth of the facts stated, and that the examination of the witness is necessary to the attainment of justice, an order must be made that a commission be issued to take his testimony, and the court or judge may insert in the order a direction that the trial of the indictment be stayed for a specified time, reasonably sufficient for the execution and return of the commission.
History:
[(19-3206) Cr. Prac. 1864, secs. 555, 556, p. 281; R.S., R.C., & C.L., sec. 8181; C.S., sec. 9157; I.C.A., sec. 19-3106.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 32 - EXAMINATION OF WITNESSES ON COMMISSION › Section 19-3207 - INTERROGATORIES, HOW SETTLED AND ALLOWED.

19-3207. INTERROGATORIES, HOW SETTLED AND ALLOWED. When the commission is ordered, the defendant must serve upon the prosecuting attorney, without delay, a copy of the interrogatories to be annexed thereto, with two days’ notice of the time at which they will be presented to the court or judge. The prosecuting attorney may, in like manner serve upon the defendant or his counsel cross-interrogatories, to be annexed to the commission, with the like notice. In the interrogatories either party may insert any questions pertinent to the issue. When the interrogatories and cross-interrogatories are presented to the court or judge, according to the notice given, the court or judge must modify the questions so as to conform them to the rules of evidence, and must endorse upon them his allowance and annex them to the commission.
History:
[(19-3207) Cr. Prac. 1864, secs. 557, 560, p. 281; R.S., R.C., & C.L., sec. 8182; C.S., sec. 9158; I.C.A., sec. 19-3107.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 32 - EXAMINATION OF WITNESSES ON COMMISSION › Section 19-3208 - DIRECTION AS TO RETURN.

19-3208. DIRECTION AS TO RETURN. Unless the parties otherwise consent, by an endorsement upon the commission, the court or judge must endorse thereon a direction as to the manner in which it must be returned, and may, in his discretion, direct that it be returned by mail or otherwise, addressed to the clerk of the court in which the action is pending, designating his name and the place where his office is kept.
History:
[(19-3208) Cr. Prac. 1864, sec. 561, p. 281; R.S., R.C., & C.L., sec. 8183; C.S., sec. 9159; I.C.A., sec. 19-3108.]