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H00462021 Regular SessionSigned into law

Amends existing law to revise provisions regarding the authority of those performing security duties at the Orchard training area and to remove a POST training requirement.

MILITARY -- Amends existing law to revise provisions regarding the authority of those performing security duties at the Orchard training area and to remove a POST training requirement.

MILITARY

STATEMENT OF PURPOSE

1. TheIdahoNationalGuardrequiressecurityattheOCTC.Currentsecuritypersonnelarenotlawenforcement officers. Thoughthesepersonnelaretrainedasmilitarysecurity, thepersonnelarenotcertifiedlawenforcement officers as defined under Idaho Law. As such they do not have the legal authority to "arrest" as provided in Idaho Code Section 46-408. OCTC security personnel can only "detain" suspects until local law enforcement can respond to an incident. The requirement to have lawful powers of arrest as provided in Idaho Code Section 46-408 is not feasible. Thus, the Idaho Military Division recommends striking the word "arrest" from Section 46-408. 2. The requirement to have security personnel attend the Idaho POST academy is an unnecessary and untenable requirement. As mentioned, OCTC personnel simply detain and turn over suspects to local law enforcement. ThisrequirementdoesnotreflectcurrentproceduresbecausethereisinsufficientfundingtosendOCTCsecurity personnel to the POST academy and it does not reflect current operational realities in the OCTC. Therefore the Idaho Military Division recommends striking the requirement to attend the Idaho POST academy.

HOW THEY VOTED

house Chamber· Feb 5, 2021

House Third Reading

✓ Passed
68 Yea
0 Nay
2 absentPassed by 97.14 votes

ABSENT / NOT VOTING (2)

LATEST ACTION

Reported Signed by Governor on March 17, 2021 Session Law Chapter 63 Effective: 07/01/2021

BILL INFO

Session
2021
Chamber
house
Status date
Mar 18, 2021

LINKS

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