Law
Grand juries, persons present
GRAND JURIES – Amends existing law to revise a provision regarding who may be present at sessions of a grand jury.

RS30038 / H0052

This is one of a series of bills the Supreme Court has recommended in its annual report to the Governor concerning defects or omissions in the laws, as required by article V, section 25 of the Idaho Constitution. Grand jury proceedings are confidential, and I.C. § 19-1111 recognizes this by specifically identifying jurors, prosecutors, witnesses, and interpreters as the only persons who may be present during the proceedings. Since a record of the proceedings must be kept, this statute should also permit a person designated to report the proceeding to be present. Similarly, I.C. § 19-3023 provides that child witnesses may be accompanied by a support person when testifying in a criminal matter. Grand jury proceedings are criminal matters, and as a result, support persons for child witnesses should also be permitted to be present during such proceedings. In recognition of the need to record grand jury proceedings, and in light of I.C. § 19-3023’s direction to permit child witnesses to be accompanied by a support person, persons designated to report the proceeding and support persons for child witnesses should be added to I.C. § 19-1111’s listing of persons who may be present at grand jury sessions.

Bill Events
Date Description
01/30 Introduced, read first time, referred to JRA for Printing
01/31 Reported Printed and Referred to Judiciary, Rules & Administration
02/16 Reported out of Committee with Do Pass Recommendation, Filed for Second Reading
02/17 Read second time; Filed for Third Reading
02/20 Read Third Time in Full – PASSED - 69-0-1
AYES – Alfieri, Andrus, Barbieri, Berch, Blanksma, Boyle, Bundy, Burns, Cannon, Cheatum, Chew, Clow, Cornilles, Crane(12), Crane(13), Dixon(1), Dixon(24), Durrant, Ehardt, Ehlers, Erickson, Furniss, Galaviz, Gallagher, Gannon, Garner, Green, Handy, Hawkins, Healey, Hill, Holtzclaw, Horman, Kingsley, Lambert, Lanting, Manwaring, Mathias, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Nash, Necochea, Nelsen, Palmer, Petzke, Pickett, Price, Raybould, Raymond, Redman, Roberts, Rubel, Sauter, Scott, Shepherd, Skaug, Tanner, Vander Woude, Weber, Wheeler, Wisniewski, Wroten, Yamamoto, Young, Mr. Speaker
NAYS – None
Absent – Allgood
Floor Sponsor - Wroten
Title apvd - to Senate
02/21 Received from the House passed; filed for first reading
Introduced, read first time; referred to: Judiciary & Rules
03/02 Reported out of Committee with Do Pass Recommendation; Filed for second reading
03/03 Read second time; filed for Third Reading
03/13 Read third time in full – PASSED - 34-0-1
AYES – Anthon, Bernt, Bjerke, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Grow, Guthrie, Harris, Hart, Hartgen, Herndon, Just, Lakey, Lee, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Schroeder, Semmelroth, Taylor, Toews, Trakel, VanOrden, Ward-Engelking, Winder, Wintrow, Zuiderveld
NAYS – None
Absent and excused – Adams
Floor Sponsor - Hart
Title apvd - to House
Returned from Senate Passed; to JRA for Enrolling
03/14 Reported Enrolled; Signed by Speaker; Transmitted to Senate
Received from the House enrolled/signed by Speaker
Signed by President; returned to House
03/15 Returned Signed by the President; Ordered Transmitted to Governor
03/16 Delivered to Governor at 12:25 p.m. on March 15, 2023
03/20 Reported Signed by Governor on March 16, 2023
Session Law Chapter 42
Effective: 07/01/2023
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