Judiciary Rules

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MINUTES
SENATE JUDICIARY & RULES COMMITTEE
DATE: Wednesday, January 28, 2026
TIME: 1:30 P.M.
PLACE: Room WW54
MEMBERS
PRESENT:
Chairman Lakey, Vice Chairman Shippy, Senators Ricks, Foreman, Lent, Lenney,
Keyser, Wintrow, and Ruchti
ABSENT/
EXCUSED:
None
NOTE: The sign-in sheet, testimonies and other related materials will be retained with
the minutes in the committee's office until the end of the session and will then be
located on file with the minutes in the Legislative Services Library.
CONVENED: Chairman Lakey called the meeting of the Judiciary and Rules Committee
(Committee) to order at 1:34 p.m.
GUBERNATORIAL
APPOINTMENT
VOTE:
Vote on the Appointment and Reappointment of Alan Cavener of Nampa,
Idaho, to the Commission on Pardons and Parole to serve a term
commencing January 1, 2026 and expiring January 1, 2029. The initial
Appointment was served from April 1, 2025 to January 1, 2026.
MOTION: Senator Wintrow moved to send the Gubernatorial appointment of Alan Cavener
to the Commission on Pardons and Parole to the floor with the recommendation
that he be confirmed by the Senate. Senator Foreman seconded the motion.
The motion carried by voice vote.
NOTE: Chairman Lakey proceeded with RS 33024 while the remote Gubernatorial
appointment connection was fixed.
RS 33024 This legislation closes a gap in Idaho law by extending existing sex offender
residence restrictions to daycares that are zoned, permitted, or approved by
a city or county. These changes ensure consistent protections for children
without expanding licensing requirements or regulating home daycares.
Senator Nichols stated that current law prohibited registered sex offenders from
establishing a residence near licensed daycares. She explained that Idaho
allowed certain daycares to operate legally without a state license if they were
zoned, permitted, or approved by a city or county. As a result, some legally
operating daycares were not covered under existing law due to this technical
distinction. Senator Nichols explained that RS 33024 clarified that residency
restrictions also applied to daycares zoned or permitted by local government. She
noted that the bill applied only to residences established after the effective date
and did not expand licensing requirements, regulate home daycares, or create
new enforcement authority. She stated that the intent of the bill was to ensure
consistency in the law and enhance child safety while respecting local control.
MOTION: Senator Foreman moved to send RS 33024 to print. Senator Lenney seconded
the motion. The motion carried by voice vote.

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RS 33058 This legislation is an update of current Idaho Code sections that address
guardianship and conservatorship for adults and minors. Senator Rutchi
explained that the bill had been before the Committee for three years, with
print hearings held during the first two years to allow time for outreach and
stakeholder input. He stated that numerous groups, including the courts and
advocacy organizations, had been consulted and had their concerns addressed.
He expressed confidence that the legislation was ready to move forward and
described it as a major reorganization of the code that added constitutional
protections, improved and streamlined guardianship and conservatorship
processes, and provided additional safeguards. He noted that experts and
stakeholders were present to testify and answer questions.
MOTION: Senator Foreman moved to send RS 33058 to print. Senator Wintrow seconded
the motion. The motion carried by voice vote.
DISCUSSION: Chairman Lakey briefly commented, expressing his appreciation for Senator
Ruchti's work on the legislation. He noted that Committee members who had
served for several years were familiar with the multi-year effort and explained that
what began as an informal request for feedback evolved into Senator Ruchti
taking the lead and coordinating extensively with stakeholders. He offered his
thanks for the Senator's dedication and contributions.
S 1226 SAMPLE COLLECTIONS - Amends, repeals, and adds to existing law to
revise provisions and requirements regarding collection of DNA samples
and thumbprint impressions. Senator Wintrow presented S 1226 and
explained the purpose, background, and structure of the bill. She outlined that
the legislation stemmed from a similar House bill the previous year that failed
due to concerns over adding multiple misdemeanor offenses to DNA collection
requirements. Drawing on her background working with victims of sexual assault
and domestic violence, she stated that the current bill was narrowed to include
only two misdemeanor offenses—sexual battery and domestic violence—based
on their strong correlation with other violent and sexual crimes.
Senator Wintrow explained that S 1226 expanded DNA collection requirements
to include these two misdemeanors and clarified and streamlined existing statutory
processes. The bill reorganized current statute, updated legislative findings to
emphasize the Legislature's intent that DNA be collected expeditiously, and
addressed gaps that had resulted in approximately 30,000 qualifying individuals
not having DNA collected. The bill also consolidated repetitive statutory
language by defining qualifying offenses as "serious crimes," encompassing
felonies, attempted felonies, sex-offense registry crimes, and the two added
misdemeanors.
Senator Wintrow reviewed the statutory definition of sexual battery to clarify that
it required proof of both specific conduct and intent, emphasizing that it carried a
high evidentiary standard. She noted that expert testimony would be provided
by individuals knowledgeable in DNA databases, criminal justice research, and
victim advocacy, and that the bill was co-sponsored in the House.
She noted that provisions related to felony convictions applied retroactively,
as those crimes were already subject to DNA collection, while the provisions
related to misdemeanor offenses applied prospectively only. She emphasized
that this clarification corrected concerns from the prior year, when misdemeanor
provisions had been inadvertently retroactive. Senator Wintrow also described
revisions to Idaho Code Section §19-5507, noting that while the changes were
largely cosmetic and organizational, they reordered provisions to better reflect the
chronological progression of individuals through the criminal justice system. She
concluded by stating that these revisions represented the core mechanics of the
bill.
SENATE JUDICIARY & RULES COMMITTEE
Wednesday, January 28, 2026—Minutes—Page 2

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TESTIMONY: Matthew Gamette, Idaho State Police (ISP) Forensic Services Laboratory System
Director, testified regarding the history, function, and security of the DNA database
and Combined DNA Index System (CODIS). He explained that the national DNA
database was authorized in 1994 and that Idaho enacted its DNA Database Act in
1996, initially requiring DNA collection for certain violent and sex crimes. He noted
that the law had been expanded over time to include all felony convictions in 2014
and individuals required to register as sex offenders in 2017, but that the statute
lacked clear direction on responsibility and best practices for DNA collection.
He stated that in 2022, the laboratory identified several high-profile offenders
whose DNA had not been collected despite felony convictions, prompting the
agency to secure federal funding to address the backlog of lawfully required
samples. He provided national and Idaho-specific statistics demonstrating
CODIS's effectiveness in aiding criminal investigations and explained that Idaho's
approximately 1 percent hit rate would be expected to generate investigative
leads if additional samples were collected.
Mr. Gamette emphasized that CODIS served not only to identify perpetrators but
also to prevent wrongful accusations and convictions. He clarified that the DNA
database contained no health, appearance, or familial information, only numerical
identifiers, and that the system was highly secure, non-public, and restricted to
authorized criminal justice personnel. He described extensive federal safeguards,
audits, and criminal penalties for misuse or unauthorized disclosure of DNA data.
TESTIMONY: Dr. Lisa Bostaph, professor of Criminal Justice at Boise State University (BSU),
testified regarding research examining the relationship between misdemeanor
offenses and later violent felony crimes. She explained that she served as a
research partner with the Idaho Cold Case and Advanced DNA Methods Task
Force (ICCADM) and that her work focused on identifying earlier "precursor"
offenses that could signal later violent offending and provide opportunities for
earlier DNA collection.
Dr. Bostaph described a study of 153 individuals incarcerated in Idaho for violent
felony crimes, noting that participants had extensive prior criminal histories.
She reported that individuals convicted of sexually-based felonies averaged 4.7
prior convictions, while those convicted of non-sexual violent crimes against
persons averaged 7.7 prior convictions. The study found distinct differences in
criminal histories between the two groups. More than one-third of individuals
incarcerated for sexually based offenses had prior sexual offense convictions,
while nearly one-third of those incarcerated for non-sexual violent crimes had
prior misdemeanor domestic violence convictions. Based on the results, she
concluded that expanding DNA collection to include misdemeanor sexual battery
and domestic violence offenses could help reduce the number of violent felony
crimes by allowing DNA to be collected earlier in an offender's criminal history.
SENATE JUDICIARY & RULES COMMITTEE
Wednesday, January 28, 2026—Minutes—Page 3

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TESTIMONY: Beatrice Black, CEO of the Women's and Children's Alliance (WCA), testified in
support of S 1226. She described her experience serving on the Idaho Sexual
Assault Kit Initiative Working Group (SAKI) and the ICCADM and emphasized
the importance of improving accountability and support for victims of crime. She
shared data from the WCA's work in Ada County, noting the high volume of civil
protection order cases and the impact on victims when felony charges were pled
down to misdemeanors.
Ms. Black explained that victims often felt diminished when serious offenses
were reduced and stated that DNA collection in misdemeanor sexual battery
and domestic violence cases could provide accountability, assist investigations
involving repeat offenders, and help prevent future harm. She cited Idaho
Supreme Court data showing that numerous felony sexual offenses had been
pled down to misdemeanor sexual battery, resulting in no DNA collection. She
concluded that expanding DNA collection to these misdemeanor offenses could
help identify serial perpetrators earlier and reduce the risk of future cold cases.
TESTIMONY: Representative Ted Hill expressed strong support for S 1226, stating concern
over serious crimes being pled down to misdemeanors and the resulting loss
of accountability. He noted that a significant percentage of downgraded cases
involved serious offenses, which he found troubling, and explained that this
concern motivated his support for narrowing the bill to focus specifically on sexual
assault and related crimes. He shared a personal experience involving the
abduction and rape of his sister in Boise in 1977, noting that the perpetrators were
not identified at the time and that DNA technology was unavailable to close the
case. He explained that the individuals were later convicted of murder and that
subsequent crimes occurred after their release, reinforcing his belief that earlier
DNA collection could have prevented further victimization. He also referenced
later cases involving repeat offenders where DNA collection at the misdemeanor
level could have made a difference.
DISCUSSION: Senator Shippy asked for clarification regarding the retroactive application of the
bill. He noted that the misdemeanor provisions were prospective only, while the
felony provisions were retroactive, and asked for an explanation of how that would
work. Specifically, he inquired whether individuals with prior felony convictions,
including those from many years ago, would be subject to DNA collection under
the bill.
Mark Denhardt, ISP Sexual Assault Kit Initiative Team, (SAKI) responded
that the felony provisions of the DNA collection law were retroactive only to
the beginning of enforcement in 1997. He explained that all felonies had been
eligible for DNA collection since 2013, and the bill would not apply retroactively to
convictions prior to 1997.
He explained that the legislation aimed to address gaps in DNA collection. While
Idaho Department of Correction (IDOC) facilities were very effective at collecting
DNA and were the largest collectors in the state, individuals who followed
non-traditional sentencing routes—such as probation or serving time in the county
jail instead of prison—often had their DNA go uncollected.
Senator Lenney thanked Representative Hill and Senator Wintrow, noting that it
was impressive to see collaboration across the political spectrum on the bill.
MOTION: Senator Keyser moved to send S 1226 to the floor with a do pass
recommendation. Senator Foreman seconded the motion. The motion carried
by voice vote.
SENATE JUDICIARY & RULES COMMITTEE
Wednesday, January 28, 2026—Minutes—Page 4

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GUBERNATORIAL
APPOINTMENT:
Committee Consideration of the Gubernatorial Appointment of Amy
Anderson of Kamiah, Idaho, to the Commission of Pardons and Parole to
serve a term commencing January 1, 2026 and expiring January 1, 2029.
Ms. Anderson stated that she had retired in May 2024 after 30 years with the
Idaho Department of Corrections (IDOC). She described her career progression
from Officer at South Boise Women's Correctional Center (SBWCC) to Deputy
Warden of Security at Idaho Correctional Institution (ICIO), highlighting her
experience in various roles over the years. She expressed pride in her career,
a passion for the Department's mission, and a continued desire to serve the
community. She noted that she had completed her Certified Public Manager
(CPM) graduate coursework and had been one of the few security staff who
served as a therapeutic community instructor. She described herself as a
"big picture" thinker who understood the importance of maintaining security
in corrections to provide residents a safe environment for programming. She
emphasized the value of programming in preparing residents to return to the
community successfully. She explained that her decisions in hearings were
based on factors such as an individual's crime history, progress in programming,
behavior, work habits, accountability, and the quality of their parole plan, with
each decision considered on a case-by-case basis.
ADJOURNED: There being no further business at this time, Chairman Lakey adjourned the
meeting at 2:22 p.m.
___________________________ ___________________________
Senator Lakey Sharon Pennington
Chair Secretary
___________________________
Melissa Price
Secretary
SENATE JUDICIARY & RULES COMMITTEE
Wednesday, January 28, 2026—Minutes—Page 5

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MINUTES
SENATE JUDICIARY & RULES COMMITTEE
DATE: Monday, January 26, 2026
TIME: 1:30 P.M.
PLACE: Room WW54
MEMBERS
PRESENT:
Chairman Lakey, Vice Chairman Shippy, Senators Ricks, Foreman, Lent, Lenney,
Keyser, Wintrow, and Ruchti
ABSENT/
EXCUSED:
None
NOTE: The sign-in sheet, testimonies and other related materials will be retained with
the minutes in the committee's office until the end of the session and will then be
located on file with the minutes in the Legislative Services Library.
CONVENED: Chairman Lakey called the Senate Judiciary and Rules Committee (Committee)
to order at 1:34 p.m. He explained to the Committee that Alan Cavener would be
appointed and then reappointed to the Commission of Pardons and Parole and
one motion could cover both appointments.
GUBERNATORIAL
APPOINTMENT:
Committee Consideration of the Gubernatorial Appointment of Alan Cavener
of Nampa, Idaho, to the Commission of Pardons and Parole (Commission),
to serve a term commencing April 1, 2025 and expiring January 1, 2026. Mr.
Cavener was Reappointed to the Commission of Pardons and Parole to
serve a term commencing January 1, 2026 and expiring January 1, 2029. Mr.
Cavener introduced himself and explained he had been in law enforcement for
almost 30 years. He stated he considered himself a conservative when it came
to parole for people. His first concern was for the victims, and he tried to make
sure the victims and their families felt they were represented even if they didn't
receive the desired outcome.
DISCUSSION: Chairman Lakey asked Mr. Cavener if the workload was what he expected it to
be. Mr. Cavener responded that the Director of Pardons and Parole, Christine
Starr, gave him an accurate representation of what the work entailed. He stated
that for every eight to ten hours in hearings, it required about five hours of
preparation time prior to the hearings.
Senator Wintrow asked Mr. Cavener to share a success story. Mr. Cavener
briefly explained an experience he had with a veteran while he was in custody.
While in prison, the veteran did a lot of work for the veteran community and
continued to do so after release. The man continued to help provide resources for
other veterans. Senator Wintrow commented that she wanted the Legislature to
move forward in supporting the Commission in a greater way.
Senator Shippy asked what motivation drove Mr. Cavener to be willing to serve
on the Commission. Mr. Cavener said he was driven to provide a professional,
fair atmosphere for people who came before the Parole Commission. He
wanted everyone to be treated fairly and with dignity regardless of the crime
they committed or their social status.
Senator Ricks questioned Mr. Cavener if there were any processes or programs
that he felt were examples of success. Mr. Cavener mentioned the Work Release
Center near St. Anthony, Idaho which had been a very effective program. The
inmates had learned what a good, stable job could do for their lives. It allowed the
inmates to pay their restitution and their own bills for the first time.

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PRESENTATION: Update on the State Public Defense Act. Eric Fredrickson, Idaho State
Public Defender, provided an update on the transition to the new statewide
public defense system. Idaho had a long history of leadership in public defense,
dating back to 1887. The Public Defense Commission was created in 2014
before the American Civil Liberities Union's lawsuit against Idaho (Tucker v.
Idaho). In September 2023, the Office of the State Public Defender (OSPD)
was created and Mr. Frederickson was appointed in September of that year.
Mr. Frederickson and his team had many major accomplishments, including
hiring more essential personnel, implimenting a case-management system, and
taking over Child Protection Act (CPA) cases. They made positive fiscal progress
and were able to establish four new offices (Elmore, Benewah, Shoshone and
Jerome). Their budget increased to $83 million and they were able to hire 34 new
attorneys, 13 legal assistants and 11 investigators due to competitive salaries
(See Attachment 1.)
DISCUSSION: Senator Wintrow asked Mr. Fredrickson to share a success he was proud of
during the transitions. Mr. Fredrickson responded he was extremely proud of
his public defenders and how they stepped up during hard times. In response
to Senator Wintrow's question relating to the Governor's budget, he stated his
department was comfortable with the funding.
Senator Ricks questioned how the backlog of cases was progressing. Mr.
Fredrickson replied they had a huge challenge with seven district public
defenders covering 1,300 cases. They had caught up and conversations with the
Supreme Court were positive.
Senator Ruchti added he knew there were some concerns expressed by the
Judges about how the rollout was progressing. He asked what Mr. Fredrickson
had done to rebuild confidence in the public defense system. Mr. Fredrickson
explained there was extensive outreach and collaboration being done. He added
that two important needs for the future were more attorneys and more social
workers.
RS 32880C1 This legislation states that no body of religious or cultural law that does not
fully support and conform with the rights of citizens, as defined in the U.S.
Constitution and the Constitution of the State of Idaho, may be used in
any state court when deciding cases. Senator Dan Foreman explained the
legislation does not ban private religious practice. It was intended as a preemptive
safeguard to ensure courts rely only on U.S./Idaho law. The bill was coordinated
with the Idaho Supreme Court and Attorney General and neither had concerns.
This practice existed in several other states.
DISCUSSION: Senator Wintrow questioned what would be accomplished with the legislation.
Senator Foreman stated the law asked for exactly what it said. There was an
existing body of law and a system of courts that worked. This bill sought to
acknowledge that and not allow some other body of law to replace current laws
and systems of the United States. Senator Shippy questioned whether this law
was needed currently or if it was forward looking. Senator Foreman added it was
preemptive in the sense that it stated the fact that there was a justice system here,
it was based on a body of laws, and it should not be replaced.
Senator Ruchti voiced concern about potential conflicts with constitutional
religious-freedom protections. Senator Foreman explained the legislation
supported both the United States Constitution and the Idaho State Constitution.
Both constitutions avoided imposing someone's religion on others through the
court system. He felt the bill supported the concept that no religion is elevated,
and none are allowed to impose their beliefs through the same system.
SENATE JUDICIARY & RULES COMMITTEE
Monday, January 26, 2026—Minutes—Page 2

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MOTION: Senator Lenney moved to send RS 32880C1 to print. Senator Keyser seconded
the motion. The motion carried by voice vote.
RS 33006C1 This legislation modernizes Idaho law to ensure criminals do not profit
from the publicity of their crimes while providing victims an opportunity
to recover restitution or civil damages. Senator Nichols referred to this
legislation as the "Son of Sam" law modernization. She stated the legislation was
written to prevent criminals from profiting from notoriety. The first important point
was the legislation targets monetization, not speech. The bill updated the current
law to prevent money from being made off of criminal notoriety. It closed the
gaps that currently do not address modern media and monetization and ensured
victims have an opportunity to recover damages, while protecting free speech and
due process. As cases became more visible, there was a risk that the notoriety
could be used for profit later as had happened in other states. This legislation
focused solely on economic proceeds, adding explicit free speech protections
and modernizing outdated procedures.
MOTION: Senator Shippy moved to send RS 33006C1 to print. Senator Foreman
seconded the motion. The motion carried by voice vote.
ADJOURNED: There being no further business at this time, Chairman Lakey adjourned the
meeting at 2:30 p.m.
___________________________ ___________________________
Senator Lakey Sharon Pennington
Chair Secretary
SENATE JUDICIARY & RULES COMMITTEE
Monday, January 26, 2026—Minutes—Page 3

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Attachment 1
Docket No. 57-0101-2501
Incorporated by Reference Documents

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