Sections
Chapter 1 Preliminary Provisions 19-101 – 19-110
Chapter 2 Prevention of Public Offenses 19-201 – 19-229
Chapter 3 Local Jurisdiction of Public Offenses 19-301 – 19-316
Chapter 4 Time of Commencing Criminal Actions 19-401 – 19-406
Chapter 5 Complaint and Warrant of Arrest 19-501 – 19-519
Chapter 6 Arrest, by Whom and How Made 19-601 – 19-625
Chapter 7 Fresh Pursuit Law 19-701 – 19-707
Chapter 8 Examination of Case and Discharge or Commitment of Accused 19-801 – 19-872
Chapter 9 Mode of Prosecution of Public Offenses 19-901 – 19-903
Chapter 10 Formation of Grand Jury 19-1001 – 19-1018
Chapter 11 Powers and Duties of Grand Jury 19-1101 – 19-1123
Chapter 12 Presentment and Proceedings Thereon 19-1201 – 19-1207
Chapter 13 Information and Proceedings Thereon 19-1301 – 19-1309
Chapter 14 Indictment 19-1401 – 19-1433
Chapter 15 Arraignment 19-1501 – 19-1516
Chapter 16 Setting Aside Indictment 19-1601 – 19-1605
Chapter 17 Pleadings by Defendant 19-1701 – 19-1720
Chapter 18 Removal of Action Before Trial 19-1801 – 19-1816
Chapter 19 Mode of Trial — Formation of Trial Jury — Postponement of Trial 19-1901 – 19-1910
Chapter 20 Challenging the Jury 19-2001 – 19-2030
Chapter 21 Trial 19-2101 – 19-2135
Chapter 22 Conduct of Jury 19-2201 – 19-2210
Chapter 23 Verdict 19-2301 – 19-2319
Chapter 24 Exceptions — New Trial — Arrest of Judgment 19-2402 – 19-2411
Chapter 25 Judgment 19-2501 – 19-2524
Chapter 26 Suspension of Judgment and Sentence and Parole Offenders 19-2601 – 19-2608
Chapter 27 Execution 19-2701 – 19-2720
Chapter 28 Appeals to Supreme Court 19-2801 – 19-2827
Chapter 29 Idaho Bail Act 19-2901 – 19-2923
Chapter 30 Witnesses in Criminal Proceedings 19-3001 – 19-3025
Chapter 31 Examination of Witnesses Conditionally 19-3101 – 19-3112
Chapter 32 Examination of Witnesses On Commission 19-3201 – 19-3214
Chapter 34 Compromising Offenses 19-3401 – 19-3403
Chapter 35 Dismissal of Action 19-3501 – 19-3509
Chapter 36 Proceedings Against Corporations 19-3601 – 19-3608
Chapter 37 Errors and Mistakes 19-3701 – 19-3702
Chapter 38 Disposal of Property Illegally Held by Defendant 19-3801 – 19-3807
Chapter 39 Proceedings in Magistrate’s Division of the District Court 19-3901 – 19-3947
Chapter 40 Impeachments 19-4001 – 19-4016
Chapter 41 Removal of Civil Officers 19-4101 – 19-4114
Chapter 42 Habeas Corpus and Institutional Litigation Procedures Act 19-4201 – 19-4226
Chapter 43 Coroner’s Inquests 19-4301 – 19-4310
Chapter 44 Search Warrants 19-4401 – 19-4420
Chapter 45 Proceedings Against Fugitives From Justice 19-4501 – 19-4531
Chapter 46 Proceedings for the Production of Prisoners 19-4601
Chapter 47 Dispositions of Fines, Forfeitures, and Costs 19-4702 – 19-4708
Chapter 48 Criminal Justice Integrated Data System Act 19-4801 – 19-4804
Chapter 49 Uniform Post-Conviction Procedure Act 19-4901 – 19-4911
Chapter 50 Interstate Agreement On Detainers 19-5001 – 19-5008
Chapter 51 Peace Officer Standards and Training Council 19-5101 – 19-5119
Chapter 52 Public Safety and Security Information System 19-5201 – 19-5204
Chapter 53 Compensation of Victims of Crimes 19-5301 – 19-5307
Chapter 55 the Idaho DNA Database Act of 1996 19-5501 – 19-5518
Chapter 56 Idaho Drug Court and Mental Health Court Act 19-5601 – 19-5609
Chapter 57 Address Confidentiality for Victims of Violence 19-5701 – 19-5708
Chapter 58 Address Confidentiality for Law Enforcement Officers 19-5801 – 19-5804

Terms Used In Idaho Code > Title 19

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • action: as used in this chapter is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. See Idaho Code 5-240
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Application: means a written form prescribed and made available by the Idaho peace officer standards and training council. See Idaho Code 19-5801
  • Apportionable estate: means the value of the gross estate as finally determined for purposes of the estate tax to be apportioned reduced by:
Idaho Code 15-3-1302
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bail: means a monetary amount required by the court to release the defendant from custody and to ensure his appearance in court as ordered. See Idaho Code 19-2905
  • Bail agent: means a producer licensed by the state of Idaho in the line of surety insurance who is authorized by an insurer to execute or countersign undertakings of bail in connection with judicial criminal proceedings. See Idaho Code 19-2905
  • Bail bond: means a financial guarantee, posted by a bail agent and underwritten by a surety insurance company, that the defendant will appear as ordered. See Idaho Code 19-2905
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • Bench warrant: means a warrant issued by the court because the defendant failed to appear as ordered, failed to comply with a condition of release or the sureties are no longer sufficient. See Idaho Code 19-2905
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Cash deposit: means payment in the form of United States currency, money order, certified check, cashier’s check or such other form of payment as provided by the rules of the supreme court. See Idaho Code 19-2905
  • Certificate of surrender: means a certificate in a form approved by the supreme court that is completed by a surety insurance company or its bail agent, or a person who has posted a property bond or cash deposit, and provided to the sheriff of the county where the action is pending for signature. See Idaho Code 19-2905
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Conditions of release: means any reasonable restrictions, conditions or prohibitions placed upon the defendant’s activities, movements, associations or residences by the court, excluding the court order requiring the defendant to appear in court. See Idaho Code 19-2905
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Correctional facility: means a facility for the confinement of prisoners. See Idaho Code 19-4201A
  • County detention officer: means an employee in a county jail who is responsible for the safety, care, protection and monitoring of county jail inmates. See Idaho Code 19-5801
  • Defense attorney: Represent defendants in criminal matters.
  • Devise: To gift property by will.
  • Economic loss: includes , but is not limited to, the value of property taken, destroyed, broken, or otherwise harmed, lost wages, and direct out-of-pocket losses or expenses, such as medical expenses resulting from the criminal conduct, but does not include less tangible damage such as pain and suffering, wrongful death or emotional distress. See Idaho Code 19-5304
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Estate tax: means a federal, state, or foreign tax, however denominated, imposed because of the death of an individual and interest and penalties associated with the tax. See Idaho Code 15-3-1302
  • Ex officio: Literally, by virtue of one's office.
  • Exoneration: means a court order directing the full or partial release and discharge from liability of the surety underwriting a bail bond or the person posting a cash deposit or a property bond. See Idaho Code 19-2905
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Federal officer: means a special agent or law enforcement officer who is a resident of this state employed by a federal agency and who is empowered to effect an arrest with or without a warrant for violations of the United States Code and who is authorized to carry firearms in the performance of duty. See Idaho Code 19-5801
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forfeiture: means an order of the court reciting that the defendant failed to appear as ordered and stating that bail is forfeited. See Idaho Code 19-2905
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Found guilty of any crime: shall mean a finding by a court that a defendant has committed a criminal act and shall include an entry of a plea of guilty, an order withholding judgment, suspending sentence, or entry of judgment of conviction for a misdemeanor or felony. See Idaho Code 19-5304
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Gross estate: means , with respect to an estate tax, all interests in property subject to the tax. See Idaho Code 15-3-1302
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • In-state prisoner: means a person who has been convicted of a crime in the state of Idaho and is either incarcerated in a correctional facility for that crime or is in custody for trial and sentencing. See Idaho Code 19-4201A
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Jury instructions: A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Source: U.S. Courts
  • Law enforcement officer: means any current federal officer, peace officer, parole officer, probation officer, correctional officer, county detention officer and any person who prosecutes criminal cases. See Idaho Code 19-5801
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Out-of-state prisoner: means a person who has been convicted of and sentenced for a crime in a state other than the state of Idaho, or under the laws of the United States or other foreign jurisdiction, and who is being housed in any state, local or private correctional facility in the state of Idaho, or who is being transported in any manner within or through the state of Idaho. See Idaho Code 19-4201A
  • Parole officer: means an employee of the Idaho department of correction who is charged with or whose duties include supervision of parolees. See Idaho Code 19-5801
  • Peace officer: means any employee of a police or law enforcement agency which is a part of or administered by the state or any political subdivision thereof and whose duties include and primarily consist of the prevention and detection of crime and the enforcement of penal, traffic or highway laws of this state or any political subdivision. See Idaho Code 19-5801
  • Person: means a natural person, legal corporation, limited liability corporation, partnership, sole proprietorship or any other business entity recognized by the state of Idaho. See Idaho Code 19-2905
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Prisoner: includes an in-state or out-of-state prisoner, unless otherwise specifically provided or unless the context clearly indicates otherwise. See Idaho Code 19-4201A
  • Private correctional facility: means a correctional facility owned or operated in the state of Idaho by a private prison contractor. See Idaho Code 19-4201A
  • Private prison contractor: means any person, organization, partnership, joint venture, corporation or other business entity engaged in the site selection, design, design/building, acquisition, construction, construction/management, financing, maintenance, leasing, leasing/purchasing, management or operation of private correctional facilities or any combination of these services. See Idaho Code 19-4201A
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Property bond: means a financial guarantee approved by the court, secured by property, real or personal, that the defendant will appear in court as ordered. See Idaho Code 19-2905
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Ratable: means apportioned or allocated pro rata according to the relative values of interests to which the term is to be applied. See Idaho Code 15-3-1302
  • Readmittance to bail: means an order of the court allowing the defendant to post new bail following an order of revocation. See Idaho Code 19-2905
  • Recess: A temporary interruption of the legislative business.
  • Registered mail: includes certified mail. See Idaho Code 73-114
  • Reinstatement of bail: means an order of the court allowing the defendant to be released on the same bail previously posted that has been ordered forfeited. See Idaho Code 19-2905
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Revocation of bail: means an order by the court revoking the defendant’s release on bail. See Idaho Code 19-2905
  • state or county institution: means a place owned or operated by or under the control of the state or county in which a person other than a prisoner is restrained and with respect to which restraint the person may file a petition for a writ of habeas corpus under the provisions of this chapter. See Idaho Code 19-4201A
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Surety insurance company: means an admitted insurer authorized in the line of surety pursuant to title 41, Idaho Code. See Idaho Code 19-2905
  • Surrender: means the voluntary surrender or delivery of the defendant into the custody of the sheriff of the county where the action is pending. See Idaho Code 19-2905
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Time-limited interest: means an interest in property which terminates on a lapse of time or on the occurrence or nonoccurrence of an event or which is subject to the exercise of discretion that could transfer a beneficial interest to another person. See Idaho Code 15-3-1302
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • True bill: Another word for indictment.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Value: means , with respect to an interest in property, fair market value as finally determined for purposes of the estate tax that is to be apportioned, reduced by any outstanding debt secured by the interest without reduction:
  • Idaho Code 15-3-1302
  • Victim: shall mean :
  • Idaho Code 19-5304
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • Writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See Idaho Code 73-114