Title 19 — CRIMINAL PROCEDURE

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 reques…

19-3017. Exceptions. This act does not apply to any person in this state confined as insane or mentally ill.

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 …

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.

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 …

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.

19-3022. Short title. This act may be cited as the "Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act."

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 wit…

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 e…

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 …

19-3101. Witnesses may be conditionally examined. When a defendant has been held to answer a charge for a public offense, he may, either before or after an indictment, have witnesses examined conditionally, on his behalf, as prescribed in this chapter, and not otherwise.

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 e…

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. …

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.

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…

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 …

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, …

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.

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.

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.

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 fr…

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 de…

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.

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.

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 t…

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 test…

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.

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 tes…

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 …

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 other…

19-3209. Execution of commission. The commissioner, unless otherwise specially directed, may execute the commission as follows: 1. He must publicly administer an oath to the witness, that his answers given to the interrogatories shall be the truth, the whole truth and nothing but…

19-3210. Delivery of commission to agent. If the commission and return is delivered by the commissioner to an agent he must deliver the same to the clerk to whom it is directed or to the judge of the court in which the indictment is pending, by whom it may be received and opened,…

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 …

19-3212. Filing of commission. The clerk or judge receiving and opening the commission and return must immediately file it, with the affidavit mentioned in the last two sections, in the office of the clerk of the court in which the indictment is pending. If the commission and ret…

19-3213. Commission open for inspection. The commission and return must at all times be open to the inspection of the parties, who must be furnished by the clerk with copies of the same or of any part thereof, on payment of his fees.

19-3214. Use and objections to depositions. The depositions taken under the commission may be read in evidence by either party on the trial, upon it being shown that the witness is unable to attend from any cause whatever; and the same objections may be taken to a question in the…

19-3401. Compromise of offenses after satisfaction. When a defendant is held to answer on a charge of misdemeanor, for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in the next section, exce…

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 t…

19-3403. Mode of compromise exclusive. No public offense can be compromised, nor can any proceeding or prosecution for the punishment thereof upon a compromise be stayed, except as provided in this chapter.

19-3501. When action may be dismissed. The court, unless good cause to the contrary is shown, must order the prosecution or indictment to be dismissed, in the following cases: (1) When a person has been held to answer for a public offense, if an indictment or information is not f…

19-3502. Continuance for cause. If the defendant is not indicted or tried, as provided in the last section, and sufficient reason therefor is shown, the court may order the action to be continued to a date subsequent, and in the meantime may discharge the defendant from custody o…

19-3503. Defendant to be discharged. If the court directs the action to be dismissed, the defendant must, if in custody, be discharged therefrom; or if admitted to bail, his bail is exonerated, or money deposited instead of bail must be refunded to him.

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…

19-3505. Nolle prosequi abolished. The entry of a nolle prosequi is abolished, and neither the attorney-general nor the prosecuting attorney can discontinue or abandon a prosecution for a public offense except as provided in the last section.

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 secti…

19-3507. diversion programs — legislative intent. (1) For purposes of this section and sections 19-3508 and 19-3509, Idaho Code, "diversion program" means the use of local community resources, churches, substance abuse counseling, informal probation, community service work, volun…

19-3508. eligibility for diversion program. A person is eligible to participate in a diversion program if: (1) The person has been charged with driving under the influence pursuant to section 18-8004 or 18-8004A, Idaho Code; (2) At the time of the conduct underlying such charge, …

19-3509. diversion program requirements. (1) A prosecuting attorney may, at the prosecuting attorney’s discretion, establish a diversion program and may refer a defendant eligible to participate in a diversion program pursuant to section 19-3508, Idaho Code, to such program withi…

19-3601. Issuance of summons. Upon an information or presentment against a corporation, the magistrate must issue a summons signed by him, with his name of office, requiring the corporation to appear before him at a specified time and place, to answer the charge, the time to be n…

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 …