Title 19, CRIMINAL PROCEDURE

19-2719a. Applicability of sections 19-2705, 19-2708, 19-2714, 19-2715, 19-2719. This act shall apply to all cases in which capital sentences where imposed on or prior to the effective date of this act but which have not been carried out, and to all capital cases arising after th…

19-2720. Inquiry into need for new counsel. After the imposition of a sentence of death, the trial judge should advise the defendant that, upon a particularized showing that there is a reasonable basis to litigate a claim of ineffective assistance of trial counsel, new counsel ma…

19-2801. Criminal judgments and orders appealable — Time for taking appeals. An appeal may be taken to the supreme court from the district court in a criminal action by such parties from such judgments and orders of the district court, and within such times and in such manner as …

19-2802. Stay of execution — Custody of defendant. An appeal to the supreme court from a judgment of conviction stays the execution of the judgment in all capital cases, and in all other cases the judgment may be stayed by the district court or the supreme court as provided by ru…

19-2803. Record on appeal — Oral argument — Exhibits — Presentence report on appeal. (a) The clerk’s record and the reporter’s transcript in an appeal of a criminal action to the supreme court shall contain such portions and documents of the proceedings of the district court, and…

19-2818. Duties of the supreme court upon remand from a federal court. In the event a sentence of death is returned by a federal court for further proceedings in the state courts, the Idaho supreme court shall consider whether any legal or factual error alleged by a federal court…

19-2827. Review of death sentences — Preservation of records. (a) Whenever the death penalty is imposed, and upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record by the supreme court of Idaho. The clerk of the trial court, within ten (…

19-2901. short title. This chapter shall be known and may be cited as the "Idaho Bail Act."

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 pu…

19-2903. RIGHT TO BAIL — limitations. Any person charged with a crime who is not released on his own recognizance is entitled to bail, as a matter of right, before a plea or verdict of guilty, except when the offense charged is punishable by death and the proof is evident or the …

19-2904. bail, RELEASE ON RECOGNIZANCE and CONDITIONS OF RELEASE. The court may release a person on his own recognizance or set an amount of bail, and may impose any conditions of release. In making these determinations the court shall consider the following objectives: (1) Ensur…

19-2905. definitions. As used in this chapter, unless the context requires otherwise: (1) "Bail" means a monetary amount required by the court to release the defendant from custody and to ensure his appearance in court as ordered. (2) "Bail agent" means a producer licensed by the…

19-2906. ADMISSION TO BAIL. Admission to bail is the order of a competent court that the defendant shall be released from actual custody of the sheriff upon posting bail.

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

19-2908. cash deposit applied to payments of fines, fees, costs and restitution. When bail has been posted by cash deposit and remains on deposit at the time of the judgment or order withholding judgment, the clerk of the court shall, under the direction of the court, apply the m…

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…

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…

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.

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 ac…

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 t…

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 …

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…

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 th…

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 re…

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…

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

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 be…

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 defen…

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 pendi…

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;…

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 rema…

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.

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; …

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…

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 s…

19-3004A. administrative subpoena — electronic communication and remote computing services. (1) A provider of an electronic communication service or remote computing service that is transacting or has transacted any business in the state shall disclose the following to a prosecut…

19-3005. Uniform act to secure attendance of witnesses. (1) Subpoenaing a Witness in This State to Testify in Another State. If a judge of a court of record in any state, which by its laws has made provisions for commanding persons within that state to attend and testify in crimi…

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 …

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, subsc…

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 …

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…

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 non…

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.

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 tempora…

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) "P…

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…