Title 19 — CRIMINAL PROCEDURE

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

19-1010. Appointment of foreman. From the persons summoned to serve as grand jurors and appearing, the court must appoint a foreman. The court must also appoint a foreman when the person already appointed is excused or discharged before the grand jury is dismissed.

19-1011. Oath of foreman. The following oath must be administered to the foreman of the grand jury: You, as foreman of the grand jury, will diligently inquire into and true presentment make, of all public offenses against the state of Idaho, committed or triable within this count…

19-1012. Oath of jurors. The following oath must be immediately thereupon administered to the other grand jurors present: The same oath which your foreman has now taken before you on his part, you and each of you shall well and truly observe on your part, so help you God.

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

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

19-1015. Special grand jury. If an offense is committed during the sitting of the court, after the discharge of the grand jury, the court may, in its discretion, direct an order to be entered that the sheriff summon another grand jury.

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 sh…

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

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

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

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

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

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

19-1105. Evidence receivable by grand jury. In the investigation of a charge for the purpose of either presentment or indictment, the grand jury can receive any evidence that is given by witnesses produced and sworn before them except as hereinafter provided, furnished by legal d…

19-1106. Evidence for defendant. The grand jury is not bound to hear evidence for the defendant; but it is their duty to weigh all the evidence submitted to them, and when they have reason to believe that other evidence within their reach will explain away the charge, they should…

19-1107. Sufficiency of evidence to warrant indictment. The grand jury ought to find an indictment when all the evidence before them, taken together, if unexplained or uncontradicted, would, in their judgment, warrant a conviction by a trial jury.

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

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

19-1111. Who may be present at sessions of jury. The grand jury may, at all reasonable times, ask the advice of the court, or the judge thereof, or of the prosecuting attorney; but unless such advice is asked, the judge of the court must not be present during the sessions of the …

19-1112. Proceedings to be secret. Every member of the grand jury must keep secret whatever he himself, or any other grand juror may have said, or in what manner he or any other grand juror may have voted on a matter before them; and such matters shall be subject to disclosure ac…

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

19-1114. Notice of refusal to give incriminating evidence — Agreement to testify with immunity — Perjury — Compelling answer. In any criminal proceeding or in any investigation or proceeding before a grand jury in connection with any criminal offense, if a person has advised the …

19-1115. Refusal to give incriminating evidence — Compelling to answer or produce evidence — Immunity — Perjury. In any criminal proceeding or in any investigation or proceeding before a grand jury in connection with any criminal offense, if a person refuses to answer a question …

19-1116. Special inquiry judge. Upon the petition by affidavit of a prosecuting attorney of any county of the state of Idaho for the appointment of a special inquiry judge to conduct an inquiry into the existence of suspected crime or corruption within his jurisdiction, the admin…

19-1117. Special inquiry judge — Petition for order. (1) When the prosecuting attorney of any county has reason to suspect crime or corruption, within his jurisdiction, and there is reason to suspect that there are persons who may be able to give material testimony or provide mat…

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 …

19-1119. Special inquiry judge — Direction to prosecuting attorney to participate in proceedings in another county — Procedure. Upon petition of a prosecuting attorney to the special inquiry judge that there is reason to suspect that there exists evidence of crime and corruption …

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 pro…

19-1121. Self-incrimination — Right to counsel. Any individual called to testify before a special inquiry judge, whether as a witness or principal, if not represented by an attorney appearing with the witness before the special inquiry judge, must be told of his privilege against…

19-1122. Self-incrimination — Refusal to testify or give evidence — Procedure. If in any proceedings before a special inquiry judge, a person refuses, or indicates in advance a refusal, to testify or provide evidence of any other kind on the ground that he may be incriminated the…

19-1123. Secrecy enjoined — Exceptions — Use and availability of evidence. (1) No individual, who is present during a special inquiry judge proceeding or who shall gain information with regard to said inquiry, shall disclose the testimony of a witness examined before the special …

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

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

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.

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…

19-1205. Form of bench warrant. The bench warrant, upon presentment, must be substantially in the following form: County of ….. The state of Idaho to any sheriff, constable, marshal or policeman in this state: A presentment having been made on the …. day of …., …. to the district…

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

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

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

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.

19-1303. Statement of offense charged. The offense charged in all informations shall be stated with the same fullness and precision in matters of substance as is required in indictments in like cases, and in all cases defendant or defendants shall have the same rights as to proce…

19-1304. Provisions concerning indictment applicable to information. The provisions of this code in relation to indictments, and all other provisions of law applying to prosecutions upon indictments, to writs and process therein, and the issuing and service thereof, to motions, p…

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

19-1306. Prosecuting attorney to inquire into facts. It shall be the duty of the prosecuting attorney to inquire into and make full examination of all the facts and circumstances connected with any case of preliminary examination as provided by law, touching the commission of any…

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

19-1308. Preliminary examination necessary. No information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor, as provided by law, before a justice of the peace, or other examining magistrate or officer, unless su…

19-1309. Discovery and inspection. (1) Upon motion of a defendant the court may order the prosecuting attorney to permit the defendant to inspect and copy or photograph any relevant: (a) written or recorded statements or confessions made by the defendant, or copies thereof, withi…

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

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…