2005 Idaho Code - 19-1123 — SECRECY ENJOINED -- EXCEPTIONS -- USE AND AVAILABILITY OF EVIDENCE

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 11
                       POWERS AND DUTIES OF GRAND JURY
    19-1123.  SECRECY ENJOINED -- EXCEPTIONS -- USE AND AVAILABILITY OF
EVIDENCE. (1)  No individual, who is present during a special inquiry judge
proceeding or who shall gain information with regard to said inquiry, shall
disclose the testimony of a witness examined before the special inquiry judge
or other evidence received by him, except such testimony or evidence may be
disclosed in the following cases: when the district court requires disclosure
of such testimony to determine whether it is consistent with testimony given
by the witness before district court; by a prosecuting attorney when
communicating with any law enforcement officer; upon a charge against the
witness for perjury in giving his testimony in the special inquiry judge
proceeding or upon trial therefor; or when permitted by the district court in
the furtherance of justice.
    (2)  The prosecuting attorney shall have access to all special inquiry
judge evidence and may introduce such evidence before any grand jury or
judicial proceeding in which the same may be relevant.
    (3)  Any witness testimony, given before a special inquiry judge and
relevant to any subsequent proceeding against the witness, shall be made
available to the witness upon proper application to the district court. The
district court may also, upon proper application and upon a showing of good
cause, make available to a defendant in a subsequent criminal proceeding other
testimony or evidence when given or presented before a special inquiry judge,
if the court finds that doing so is necessary to prevent an injustice and that
there is no reason to believe that doing so would endanger the life or safety
of any witness or his family. The cost of any such transcript made available
shall be borne by the applicant.