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ID S1255

Bill

Status

Passed

3/23/2016

Primary Sponsor

Judiciary and Rules Committee

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Origin

Senate

2016 Regular Session

AI Summary

  • Changes Attorney General's duty from "shall" to "may" conduct preliminary investigations of allegations that county elected officers violated state criminal law in their official capacity.

  • Modifies post-investigation findings to allow Attorney General to "may" rather than "shall" issue findings, and permits suggestions for training or nonjudicial remedies instead of prescribing them.

  • When further investigation or prosecution is warranted against a county prosecutor, Attorney General retains authority to act as special prosecutor rather than referring to county prosecutor for special prosecutor appointment.

  • Grants Attorney General authority to issue subpoenas for documents or tangible things relevant to investigations under this section.

  • Clarifies that "official capacity" includes acts performed while working on behalf of employer, at workplace, using public property or equipment, or involving expenditure of public funds, and excludes violations of open meetings law under chapter 74, title 67 Idaho Code.

Legislative Description

Amends existing law to revise the duties of the Attorney General regarding investigations and actions against county elected officers in certain criminal law matters.

ATTORNEY GENERAL

Last Action

Signed by Governor on 03/23/16 Session Law Chapter 135 Effective: 07/01/2016

3/23/2016

Committee Referrals

Judiciary and Rules2/4/2016

Full Bill Text

No bill text available