HOUSE BILL NO. 513

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Bill Status



H0513.................................................by MITCHELL AND MEYER
INATTENTIVE DRIVING - Amends and adds to existing law to provide the
infraction of inattentive driving; and to provide a penalty.
                                                                        
01/22    House intro - 1st rdg - to printing
01/23    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 513
                                                                        
                                   BY MITCHELL AND MEYER
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-1401, IDAHO  CODE,  TO  DELETE
  3        REFERENCE TO INATTENTIVE DRIVING; AND AMENDING CHAPTER 14, TITLE 49, IDAHO
  4        CODE,  BY  THE  ADDITION OF A NEW SECTION 49-1401A, IDAHO CODE, TO PROVIDE
  5        THE INFRACTION OF INATTENTIVE DRIVING AND TO PROVIDE A PENALTY.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 49-1401, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        49-1401.  RECKLESS  DRIVING.  (1)  Any  person  who drives or is in actual
 10    physical control of any vehicle upon a highway,  or  upon  public  or  private
 11    property  open to public use, carelessly and heedlessly or without due caution
 12    and circumspection, and at a speed or in a manner as to endanger or be  likely
 13    to  endanger any person or property, or who passes when there is a line in his
 14    lane indicating a sight distance restriction,  shall  be  guilty  of  reckless
 15    driving and upon conviction shall be punished as provided in subsection (2) of
 16    this section.
 17        (2)  Every  person  convicted of reckless driving under this section shall
 18    be punished by imprisonment in the county or municipal jail for  a  period  of
 19    not  less  than  five (5) days nor more than ninety (90) days, or by a fine of
 20    not less than twenty-five dollars ($25.00) nor more than three hundred dollars
 21    ($300), or by both fine and imprisonment. On a second or subsequent conviction
 22    shall be punished by imprisonment for not less than ten  (10)  days  nor  more
 23    than  six (6) months, or by a fine of not less than fifty dollars ($50.00) nor
 24    more than three hundred dollars ($300), or by both fine and imprisonment.  The
 25    department shall suspend the driver's license or privileges of any such person
 26    as provided in section 49-326, Idaho Code.
 27        (3)  Inattentive  driving  shall be considered a lesser offense than reck-
 28    less driving and shall be applicable in those circumstances where the  conduct
 29    of  the  operator has been inattentive, careless or imprudent, in light of the
 30    circumstances then existing, rather than heedless or wanton, or in those cases
 31    where the danger to persons or property by the motor vehicle  operator's  con-
 32    duct is slight.
                                                                        
 33        SECTION  2.  That  Chapter  14,  Title 49, Idaho Code, be, and the same is
 34    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 35    ignated as Section 49-1401A, Idaho Code, and to read as follows:
                                                                        
 36        49-1401A.  INATTENTIVE  DRIVING.  (1) Inattentive driving shall be consid-
 37    ered a lesser offense than reckless driving as provided  in  section  49-1401,
 38    Idaho  Code,  and shall be applicable in those circumstances where the conduct
 39    of the operator has been inattentive, careless or imprudent, in light  of  the
 40    circumstances then existing, rather than heedless or wanton, or in those cases
 41    where  the  danger to persons or property by the motor vehicle operator's con-
                                                                        
                                           2
                                                                        
  1    duct is slight.
  2        (2)  A person issued a citation pursuant to this section shall be  subject
  3    to  a fine of ten dollars ($10.00), with five dollars ($5.00) of  such fine to
  4    be apportioned to the catastrophic health care cost fund,  as   set  forth  in
  5    section 57-813, Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13727
     This legislation would address the problem of drivers who
imperil the lives of others by driving inattentively.  That would
include driving with one hand on a cell phone and other acts that
clearly impair the driver's ability to control the vehicle.  A
person cited for inattentive driving could be fined $10.
                          FISCAL IMPACT
     The legislation would increase the amount collected by the
courts for traffic violations.  Half of the $10 fine would go to
the catastrophic health care fund.


Contact
Name: Rep. Mike Mitchell 
Phone: 332-1000
Name: Rep. Wayne Meyer
Phone: 332-1000



STATEMENT OF PURPOSE/FISCAL NOTE                      H 513