SENATE BILL NO. 1307

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Bill Status



S1307.....................................................by TRANSPORTATION
DRIVER'S LICENSE - Amends existing law to clarify provisions relating to
certain judicial suspensions of driver's licenses.

01/18    Senate intro - 1st rdg - to printing
01/21    Rpt prt - to Transp
02/01    Rpt out - rec d/p - to 2nd rdg
02/04    2nd rdg - to 3rd rdg
02/05    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett(Thorson), Werk
      NAYS -- None
      Absent and excused -- Gannon
    Floor Sponsor - Acting Senator Sagness
    Title apvd - to House
02/06    House intro - 1st rdg - to Transp
02/15    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Bowers, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
      Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
      Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
      Shirley, Shively, Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson,
      Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Bedke, Brackett, Patrick, Roberts
    Floor Sponsor - Wood(35)
    Title apvd - to Senate
02/21    To enrol
02/22    Rpt enrol - Pres signed
02/25    Sp signed
02/26    To Governor
02/27    Governor signed
         Session Law Chapter 45
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1307

                                BY TRANSPORTATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO DRIVER'S LICENSES; AMENDING SECTION 49-326A, IDAHO CODE, TO  CLAR-
  3        IFY  PROVISIONS  RELATING  TO  CERTAIN  JUDICIAL  SUSPENSIONS  OF DRIVER'S
  4        LICENSES.

  5    Be It Enacted by the Legislature of the State of Idaho:

  6        SECTION 1.  That Section 49-326A, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:

  8        49-326A.  ADMINISTRATION   BY   DEPARTMENT   OF  JUDICIAL  SUSPENSIONS  OF
  9    DRIVER'S' LICENSES OR PRIVILEGES TO BECOME EFFECTIVE AFTER RELEASE  FROM  CON-
 10    FINEMENT. (1) When a court's judgment or order provides that the suspension of
 11    an  individual's  driver's license or driving privileges shall begin after the
 12    individual is released from confinement or imprisonment, the  department,  for
 13    purposes  of administering the ordered suspension, shall consider the driver's
 14    license or driving privileges as suspended effective as of the end of the last
 15    day of the fixed portion of the ordered sentence, as shown by the judgment  or
 16    sentencing order of the court.
 17        (21)  Unless  otherwise  ordered by the court, the suspension shall remain
 18    in effect until the individual applies for reinstatement of his  or  her  dri-
 19    ver's  license  or driving privileges and can provide verifiable documentation
 20    to establish the date of release from confinement  or  imprisonment  and  show
 21    that  the  court-ordered  suspension period has expired since the individual's
 22    release. Upon such a showing, the department will reinstate  the  individual's
 23    driver's license or driving privileges as provided by law.
 24        (32)  Where  the  department is notified of the release of the individual,
 25    either by the court or the agency having custody over  the  individual  during
 26    the  period  of  confinement  or  imprisonment, the department shall amend its
 27    records to reflect the actual court-ordered period of suspension.
 28        (43)  No time credit against the court-ordered period of  suspension  will
 29    be  given  while  the  individual  is  incarcerated  or  if  the individual is
 30    reincarcerated.  The entire period of the court-ordered  suspension  must  run
 31    after the individual is released from confinement or imprisonment.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                           RS 17348 

The purpose of this legislation is to reformat Section 49-326A, 
Idaho code, to better clarify that the court takes the primary 
role in determining periods of driver license suspension 
following a period of incarceration.



                          FISCAL NOTE

There is no fiscal impact to implement this legislation.




CONTACT
Name:	Hal Putnam
Agency:	Idaho Transportation Department
Phone:	334-4465


STATEMENT OF PURPOSE/FISCAL NOTE	                 S1307