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Committee approves technical change to eviction writ language, H 695
Summary
House Bill 695 replaces 'possession' with 'restitution' to align statutory writ language with eviction practice; Terry Durden (Ada County Chief Legal Advisor) testified that the change ensures the correct fee is charged and that the Idaho State Sheriff's Association supports the bill. The committee voted unanimously to send it to the House floor with a due pass recommendation.
Representative Brent Crane said House Bill 695 corrects statutory language so a writ used in eviction proceedings is properly labeled a 'writ of restitution,' which aligns the statutory charge with courthouse practice. He said the change is technical and intended to match how sheriffs execute evictions and collect the appropriate fee.
Terry Durden, Ada County Chief Legal Advisor, testified on behalf of the Idaho State Sheriff's Association that a writ of possession and a writ of restitution have different functions and fees — the restitution writ aligns with eviction practice and allows the plaintiff to be charged the correct fee. Durden said the Sheriff's Association supports the bill and asked the committee to send it to the floor with a due pass recommendation.
Representative Alfieri moved to send H 695 to the House floor with a due pass recommendation; the motion carried unanimously. The change is technical and the sponsor characterized it as noncontroversial.
Action: motion to send H 695 to the floor with a due pass recommendation; mover Representative Alfieri; outcome — approved and reported to the House.
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