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Senate Judiciary committee sends RS 32555 to print to start talks on DOD requests to transfer civilian cases
Summary
Senator Todd Lakey, State Senator from District 23, asked the Senate Judiciary and Rules Committee to send RS 32555 to print; he described it as a discussion measure to allow the Department of Defense to request that the governor transfer certain civilian cases on military installations to local prosecutors by memorandum of understanding.
Senator Todd Lakey, State Senator from District 23, asked the Senate Judiciary and Rules Committee to send RS 32555 to print. The document, Lakey said, is intended as a conversation-starter, not an immediate bill for passage.
Lakey told the committee the request came after discussions with the Department of Defense state liaison and is aimed at “collaborat[ing] and improve[ing] public safety and cooperation with our local prosecutors and how DOD handles certain cases involving civilians on military installations,” specifically citing Mountain Home and north Idaho locations. He described the framework in RS 32555 as a governor-level request from the Department of Defense, a gubernatorial decision point, and a memorandum of understanding (MOU) with the local prosecuting attorney if the governor grants the request.
“The governor considers whether it’s appropriate, grants the request and then there’s an MOU that’s established with the local prosecuting attorney as to how they handle jurisdiction in those cases,” Lakey said, describing the proposal as a structure used in other states and as one that would require further conversation between the governor’s office, local prosecutors and the Department of Defense.
Committee members asked no substantive technical questions during the short discussion. Senator Foreman moved to send RS 32555 to print; Senator Ricks seconded the motion. The committee then voted in favor; the chair announced the motion passed and that RS 32555 would be sent to print.
The proposal as described in committee would allow the Department of Defense to request that the governor transfer jurisdiction of specified civilian cases to a local county prosecuting attorney by MOU; it does not itself enact any transfer authority or change federal law. The Uniform Code of Military Justice was referenced in committee discussion to distinguish military personnel from civilians, and committee members and the sponsor emphasized RS 32555 was intended to prompt further consultation rather than immediate enactment.
No formal text of the proposed MOU, no implementing statute, nor any timeline for introduction as a bill was provided in the committee discussion. Senator Lakey said he did not intend to run the bill further in the current session and that more discussion was needed among the governor’s office, local prosecutors and the Department of Defense before any legislative action.
Votes at a glance: RS 32555 — motion to send to print passed (mover: Senator Foreman; second: Senator Ricks). Vote tally not specified in the transcript.
