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S1291..............................................................by MCGEE DRIVING UNDER THE INFLUENCE - Adds to and amends existing law to provide for the seizure and impoundment of vehicles of persons convicted for multiple violations of driving under the influence of alcohol, drugs or other intoxicating substances; to provide for notice; to provide for treatment of the vehicle if subject to forfeiture; to set forth requirements for release of the vehicle; to provide for disposition of the vehicle if the owner or operator is not convicted; to provide a cause of action by the registered owner; to provide for immunity from liability; to provide for forfeiture of a vehicle; to provide for forfeiture proceedings; and to provide for the sale of the vehicle and distribution of the proceeds. 01/20 Senate intro - 1st rdg - to printing 01/23 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1291 BY MCGEE 1 AN ACT 2 RELATING TO IMPOUNDMENT OF VEHICLES OF PERSONS CONVICTED OF DRIVING UNDER THE 3 INFLUENCE OF ALCOHOL, DRUGS OR OTHER INTOXICATING SUBSTANCES; AMENDING 4 CHAPTER 14, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5 49-1431, IDAHO CODE, TO PROVIDE FOR SEIZURE AND IMPOUNDMENT OF VEHICLES, 6 TO PROVIDE FOR NOTICE, TO PROVIDE FOR IMPOUNDMENT OR RENDERING THE VEHICLE 7 INOPERABLE FOR THIRTY DAYS UPON CONVICTION, TO PROVIDE FOR TREATMENT OF 8 THE VEHICLE IF SUBJECT TO FORFEITURE, TO SET FORTH REQUIREMENTS FOR 9 RELEASE OF THE VEHICLE, TO PROVIDE FOR DISPOSITION OF THE VEHICLE IF THE 10 OWNER OR OPERATOR IS NOT CONVICTED, TO PROVIDE A CAUSE OF ACTION BY THE 11 REGISTERED OWNER, TO PROVIDE FOR IMMUNITY FROM LIABILITY AND TO DEFINE A 12 TERM; AMENDING CHAPTER 14, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW 13 SECTION 49-1432, IDAHO CODE, TO PROVIDE FOR FORFEITURE OF A VEHICLE AND 14 THE GROUNDS FOR FORFEITURE, TO PROVIDE FOR FORFEITURE PROCEEDINGS AND TO 15 PROVIDE FOR SALE OF THE VEHICLE AND DISTRIBUTION OF THE PROCEEDS; AND 16 AMENDING SECTION 18-8005, IDAHO CODE, TO PROVIDE FOR THE IMPOUNDMENT OF 17 VEHICLES FOR PERSONS CONVICTED MULTIPLE TIMES OF DRIVING UNDER THE INFLU- 18 ENCE OF ALCOHOL, DRUGS OR OTHER INTOXICATING SUBSTANCES. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Chapter 14, Title 49, Idaho Code, be, and the same is 21 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 22 ignated as Section 49-1431, Idaho Code, and to read as follows: 23 49-1431. SEIZURE AND IMPOUNDMENT OF VEHICLES -- NOTICE -- LENGTH OF 24 IMPOUNDMENT -- RELEASE OF VEHICLE. (1) If a peace officer arrests or cites the 25 operator of a vehicle for an offense for which impoundment of a vehicle is 26 required under the provisions of section 18-8005, Idaho Code, the officer 27 shall impound the vehicle and remove it to a place of safety. 28 (2) The vehicle shall remain impounded until released to the registered 29 owner as provided in subsections (4) and (5) of this section. 30 (3) The governmental agency impounding the vehicle shall give notice of 31 the impoundment to the registered owner of the vehicle at the address indi- 32 cated in the records of the Idaho transportation department or a similar 33 department of another state if the records are maintained in that state. The 34 notice shall: 35 (a) State the date, time and place of impoundment, the name of the person 36 operating the vehicle at the time of impoundment, if applicable, the rea- 37 son for impoundment and the name of the place where the vehicle is stored; 38 (b) State that the registered owner is responsible for payment of towing, 39 impound and any storage fees charged against the vehicle; and 40 (c) Inform the registered owner of the requirements for release of the 41 vehicle, as provided in subsection (5) of this section. 42 (4) (a) If the operator is also the registered owner of the vehicle and 43 the owner/operator is found guilty of or pleads guilty to the offense for 2 1 which the vehicle was impounded, the sentencing court shall order that the 2 vehicle remain impounded if not previously released or direct the law 3 enforcement agency of the county or city of the person's residence to: 4 (i) Move the vehicle from the place of impoundment and render it 5 inoperable in a manner directed by the court at the owner/operator's 6 residence or such other place designated by the court; 7 (ii) Seize and impound the vehicle; or 8 (iii) Render the vehicle inoperable in the manner designated by the 9 court at the owner/operator's residence or such other place desig- 10 nated by the court; 11 for a period of not less than thirty (30) days, not including any previous 12 period of impoundment. In its order the court shall specify the date on 13 which the vehicle may be released or again rendered operable, subject to 14 the owner/operator's compliance with the conditions for release provided 15 in subsection (5) of this section. 16 The vehicle may be rendered inoperable by booting, locking the steer- 17 ing wheel or such other reasonable means as the court may order. 18 (b) If the vehicle is subject to forfeiture as provided in section 19 18-8005, Idaho Code, the court shall order that the vehicle remain 20 impounded or rendered inoperable until forfeiture proceedings have been 21 initiated under the provisions of section 49-1432, Idaho Code. 22 (c) The owner/operator is responsible for all costs associated with 23 actions taken pursuant to the provisions of paragraphs (a) and (b) of this 24 subsection. 25 (d) The provisions of this subsection (4) shall apply to the vehicle even 26 if the vehicle is subject to joint ownership or is the only vehicle rea- 27 sonably available to the spouse of the owner/operator; provided however, 28 that upon application to the court having jurisdiction of the underlying 29 criminal offense, the joint owner or spouse of the owner/operator may be 30 allowed the use of the vehicle if the person is otherwise authorized to 31 drive a vehicle and the court determines that deprivation of the vehicle 32 would constitute an extreme hardship to the innocent party. The court may 33 impose such other conditions or restrictions as it deems appropriate in 34 the circumstances. 35 (e) If the vehicle has not been released prior to the disposition of the 36 charges against the owner/operator and the charges for which the vehicle 37 was impounded are dismissed or the owner/operator is found not guilty of 38 those charges, or the owner/operator pleads guilty to or is found guilty 39 of an offense for which impoundment is not permitted, the vehicle shall be 40 released to the owner/operator upon compliance with the provisions of sub- 41 section (5) of this section. If the original charges against the 42 owner/operator would require forfeiture of the vehicle under the provi- 43 sions of section 18-8005, Idaho Code, and the owner/operator pleads guilty 44 to a lesser offense to which the thirty (30) day period provided for in 45 subsection (4)(a) of this section would apply, the vehicle shall be 46 ordered impounded or otherwise rendered inoperable for such period. 47 (5) Except as otherwise provided in subsection (4) of this section, the 48 impounded vehicle shall be released to the registered owner or agent of an 49 owner if the person: 50 (a) Makes a claim in person for release of the vehicle; 51 (b) Pays an impound fee of twenty-five dollars ($25.00); 52 (c) Pays all towing and storage fees and provides proof of payment as 53 required by the governmental agency; 54 (d) Presents proof of ownership of the impounded vehicle; 55 (e) Presents a certificate of liability insurance or other proof of 3 1 financial responsibility as required by Idaho law; and 2 (f) Presents a valid driver's license. 3 (6) Notwithstanding the provisions of section 19-4705, Idaho Code, to the 4 contrary, the impound fees provided in subsection (5)(b) of this section shall 5 be retained by the governmental agency impounding the vehicle to defray the 6 costs of the impoundment. 7 (7) Upon the payment of all fees and charges required to be paid for 8 release of the vehicle, the registered owner of the vehicle shall have a cause 9 of action against the operator of the vehicle whose actions caused the 10 impoundment for all such fees and charges, together with damages, court costs 11 and attorney's fees. 12 (8) Liability may not be imposed upon any peace officer or governmental 13 agency on account of the enforcement of this section. 14 (9) For purposes of this section and section 49-1432, Idaho Code, 15 "governmental agency" means the state of Idaho, a county or a municipality. 16 SECTION 2. That Chapter 14, Title 49, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 18 ignated as Section 49-1432, Idaho Code, and to read as follows: 19 49-1432. FORFEITURE OF VEHICLE -- PROCEDURE. (1) An impounded vehicle 20 shall be subject to forfeiture under the provisions of this section: 21 (a) If the vehicle is not claimed by a registered owner other than the 22 operator of the vehicle at the time of impoundment, within sixty (60) days 23 after notice of the impoundment pursuant to section 49-1431, Idaho Code; 24 (b) If the vehicle is not claimed by a registered owner who was the oper- 25 ator of the vehicle at the time of impoundment within sixty (60) days 26 after the vehicle is released by the court pursuant to section 49-1431(4), 27 Idaho Code; or 28 (c) If the Idaho transportation department or the governmental agency is 29 unable to determine the owner of the vehicle through reasonable efforts 30 and the vehicle has remained impounded for sixty (60) days or more. 31 (2) Vehicles subject to forfeiture as provided in this section shall not 32 be subject to replevin, but shall be deemed to be in the custody of the prose- 33 cuting attorney of the county in which the vehicle is impounded, subject only 34 to the orders and decrees of the district court, or magistrate's division 35 thereof, having jurisdiction over the forfeiture proceedings. Proceedings to 36 forfeit a vehicle hereunder shall be civil actions against the property and 37 the standard of proof shall be preponderance of the evidence. The proceedings 38 shall be governed by the Idaho rules of civil procedure. 39 (3) Forfeiture proceedings shall be filed in the district court of the 40 county where the vehicle was impounded. The court may order the vehicle for- 41 feited to the appropriate prosecuting attorney upon a determination that one 42 (1) of the conditions provided in subsection (1) of this section exists and 43 all notices required to be sent to the registered owner under section 49-1431, 44 Idaho Code, and this section have been sent. 45 (4) (a) Notice of any forfeiture proceedings shall be given to each owner 46 or party in interest who has a right, title or interest in the vehicle, as 47 determined by the records of the Idaho transportation department or a sim- 48 ilar department of another state if the records are maintained in that 49 state, by service of a copy of the complaint and summons by one (1) of the 50 following methods: 51 (i) Upon each owner or party in interest by mailing a copy of the 52 complaint and summons by certified mail to the address as given upon 53 the records of the department; or 4 1 (ii) Upon each owner or party in interest whose name and address is 2 known, by mailing a copy of the notice by registered mail to the last 3 known address. 4 (b) Within twenty (20) days after the mailing of the notice, the owner of 5 the vehicle or party in interest may file a verified answer and claim to 6 the property described in the complaint. 7 (5) If at the end of twenty (20) days after the notice has been mailed 8 there is no verified answer on file, the court shall hear evidence supporting 9 the forfeiture of the vehicle and shall order the property forfeited if the 10 plaintiff's burden has been met. 11 (6) If a verified answer is filed, the forfeiture proceedings shall be 12 set for trial before the court without a jury or with a jury, if a jury trial 13 is requested as provided in the Idaho rules of civil procedure. A forfeiture 14 proceeding commenced under the provisions of this subsection shall have prior- 15 ity over other civil cases. 16 (7) At the hearing, any owner having a verified answer on file may show 17 by competent evidence that his interest in the vehicle is not subject to for- 18 feiture. If the court finds that the property is not subject to forfeiture, 19 the court shall order the property released to the owner as his right, title 20 or interest appeared at the time of the impoundment on records of the appro- 21 priate department. Upon proof of a valid interest in the vehicle by a co-owner 22 or claimant of any right, title or interest in the vehicle, whether under a 23 lien, mortgage, conditional sales contract or otherwise, the court may order 24 the vehicle released to the bona fide or innocent owner or co-owner, lien- 25 holder, mortgagee or conditional sales vendor. 26 (8) If the amount due to any bona fide or innocent owner or co-owner, 27 lienholder, mortgagee or conditional sales vendor is less than the value of 28 the vehicle, it may be sold at public auction. Notice of the sale shall be 29 published in at least one (1) publication of the official newspaper of the 30 locality in which the vehicle is to be sold at least one (1) week prior to the 31 sale. The proceeds from the sale shall be distributed in the following order: 32 (a) To the bona fide or innocent owner or co-owner, lienholder, mortgagee 33 or conditional sales vendor of the vehicle, if any, up to the value of his 34 interest in the vehicle; 35 (b) The balance to the governmental agency whose law enforcement officer 36 impounded the vehicle for all expenditures made or incurred in connection 37 with the impoundment of the vehicle, and all expenditures made or incurred 38 in connection with the forfeiture proceedings and the sale of the vehicle; 39 (c) The remainder, if any, shall be retained by the governmental agency 40 whose peace officer impounded the vehicle. 41 (9) Notwithstanding any other provision of this section, upon being sat- 42 isfied that the interest of a co-owner or claimant should not be subject to 43 forfeiture because he/she neither knew nor should have known that the personal 44 property was being used or had been used for the purposes alleged, or that due 45 to preexisting security interests in the property there is no equity which may 46 be forfeited, the attorney general or appropriate prosecuting attorney, with 47 authorization of the court, may release the property to the co-owner, holder 48 of the security interest or other claimant. 49 SECTION 3. That Section 18-8005, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 18-8005. PENALTIES. (1) Any person who pleads guilty to or is found 52 guilty of a violation of the provisions of section 18-8004(1)(a) or (5), Idaho 53 Code, for the first time is guilty of a misdemeanor; and, except as provided 5 1 in section 18-8004C, Idaho Code: 2 (a) May be sentenced to jail for not to exceed six (6) months; 3 (b) May be fined an amount not to exceed one thousand dollars ($1,000); 4 (c) Shall be advised by the court in writing at the time of sentencing of 5 the penalties that will be imposed for subsequent violations of the provi- 6 sions of section 18-8004, Idaho Code, which advice shall be signed by the 7 defendant, and a copy retained by the court and another copy retained by 8 the prosecuting attorney; and 9 (d) Shall have his driving privileges suspended by the court for a period 10 of thirty (30) days which shall not be reduced and during which thirty 11 (30) day period absolutely no driving privileges of any kind may be 12 granted. After the thirty (30) day period of absolute suspension of driv- 13 ing privileges has passed, the defendant shall have driving privileges 14 suspended by the court for an additional period of at least sixty (60) 15 days, not to exceed one hundred fifty (150) days during which the defend- 16 ant may request restricted driving privileges which the court may allow, 17 if the defendant shows by a preponderance of the evidence that driving 18 privileges are necessary for his employment or for family health needs. 19 (2) Any person who pleads guilty to or is found guilty of a violation of 20 the provisions of section 18-8004(1)(b), Idaho Code, for the first time is 21 guilty of a misdemeanor and subject to: 22 (a) The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and 23 (b) The provisions of section 49-335, Idaho Code. 24 (3) Any person who pleads guilty to or is found guilty of a violation of 25 the provisions of section 18-8004(1)(c), Idaho Code, for the first time, is 26 guilty of a misdemeanor and is subject to: 27 (a) The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and 28 (b) The provisions of section 49-335, Idaho Code. 29 (4) Any person who pleads guilty to or is found guilty of a violation of 30 the provisions of section 18-8004(1)(a), (b) or (c), Idaho Code, who previ- 31 ously has been found guilty of or has pled guilty to a violation of the provi- 32 sions of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially 33 conforming foreign criminal violation within five (5) years, notwithstanding 34 the form of the judgment(s) or withheld judgment(s), and except as provided in 35 section 18-8004C, Idaho Code, is guilty of a misdemeanor; and, except as pro- 36 vided in section 18-8004C, Idaho Code: 37 (a) Shall be sentenced to jail for a mandatory minimum period of not less 38 than ten (10) days the first forty-eight (48) hours of which must be con- 39 secutive, and five (5) days of which must be served in jail, as required 40 by 23 U.S.C. section 164, and may be sentenced to not more than one (1) 41 year, provided however, that in the discretion of the sentencing judge, 42 the judge may authorize the defendant to be assigned to a work detail pro- 43 gram within the custody of the county sheriff during the period of incar- 44 ceration; 45 (b) May be fined an amount not to exceed two thousand dollars ($2,000); 46 (c) Shall be advised by the court in writing at the time of sentencing, 47 of the penalties that will be imposed for subsequent violations of the 48 provisions of section 18-8004, Idaho Code, which advice shall be signed by 49 the defendant, and a copy retained by the court and another copy retained 50 by the prosecuting attorney; 51 (d) Shall surrender his driver's license or permit to the court; 52 (e) Shall have his driving privileges suspended by the court for an addi- 53 tional mandatory minimum period of one (1) year after release from con- 54 finement, during which one (1) year period absolutely no driving privi- 55 leges of any kind may be granted;and6 1 (f) Shall, while operating a motor vehicle, be required to drive only a 2 motor vehicle equipped with a functioning ignition interlock system, as 3 provided in section 18-8008, Idaho Code, following the one (1) year manda- 4 tory license suspension period.; 5 (g) If the person has pled guilty or was found guilty for the second time 6 within five (5) years of a violation of the provisions of section 7 18-8004(1)(b) or (c), Idaho Code, then the provisions of section 49-335, 8 Idaho Code, shall apply; and 9 (h) If the person was the registered owner of the vehicle being operated 10 at the time of the offense for which penalties are imposed under the pro- 11 visions of this subsection, the vehicle shall be impounded or otherwise 12 rendered inoperable for a period of thirty (30) days, as provided in sec- 13 tions 49-1431 and 49-1432, Idaho Code. 14 (5) Except as provided in section 18-8004C, Idaho Code, any person who 15 pleads guilty to or is found guilty of a violation of the provisions of sec- 16 tion 18-8004(1)(a), (b) or (c), Idaho Code, who previously has been found 17 guilty of or has pled guilty to two (2) or more violations of the provisions 18 of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially con- 19 forming foreign criminal violation, or any combination thereof, within five 20 (5) years, notwithstanding the form of the judgment(s) or withheld 21 judgment(s), shall be guilty of a felony; and 22 (a) Shall be sentenced to the custody of the state board of correction 23 for not to exceed five (5) years; provided that notwithstanding the provi- 24 sions of section 19-2601, Idaho Code, should the court impose any sentence 25 other than incarceration in the state penitentiary, the defendant shall be 26 sentenced to the county jail for a mandatory minimum period of not less 27 than thirty (30) days, the first forty-eight (48) hours of which must be 28 consecutive, and ten (10) days of which must be served in jail, as 29 required by 23 U.S.C. section 164; and further provided that notwithstand- 30 ing the provisions of section 18-111, Idaho Code, a conviction under this 31 section shall be deemed a felony; 32 (b) May be fined an amount not to exceed five thousand dollars ($5,000); 33 (c) Shall surrender his driver's license or permit to the court;and34 (d) Shall have his driving privileges suspended by the court for a manda- 35 tory minimum period of one (1) year after release from imprisonment, and 36 may have his driving privileges suspended by the court for not to exceed 37 five (5) years after release from imprisonment, during which time he shall 38 have absolutely no driving privileges of any kind;and39 (e) Shall, while operating a motor vehicle, be required to drive only a 40 motor vehicle equipped with a functioning ignition interlock system, as 41 provided in section 18-8008, Idaho Code, following the mandatory one (1) 42 year license suspension period; and 43 (f) With respect to a violation of section 18-8004(1)(a), Idaho Code, if 44 the person was the registered owner of the vehicle being operated at the 45 time of the offense for which penalties are imposed under this subsection, 46 the vehicle shall be seized and impounded and forfeited, as provided in 47 sections 49-1431 and 49-1432, Idaho Code. 48 (6) For the purpose of computation of the enhancement period in subsec- 49 tions (4), (5) and (7) of this section, the time that elapses between the date 50 of commission of the offense and the date the defendant pleads guilty or is 51 found guilty for the pending offense shall be excluded. If the determination 52 of guilt against the defendant is reversed upon appeal, the time that elapsed 53 between the date of the commission of the offense and the date the defendant 54 pleads guilty or is found guilty following the appeal shall also be excluded. 55 (7) Notwithstanding the provisions of subsections (4) and (5) of this 7 1 section, any person who has pled guilty or has been found guilty of a felony 2 violation of the provisions of section 18-8004, Idaho Code, a felony violation 3 of the provisions of section 18-8004C, Idaho Code, a violation of the provi- 4 sions of section 18-8006, Idaho Code, a violation of the provisions of section 5 18-4006 3.(b), Idaho Code, or any substantially conforming foreign criminal 6 felony violation, and within ten (10) years pleads guilty or is found guilty 7 of a further violation of the provisions of section 18-8004, Idaho Code, shall 8 be guilty of a felony and shall be sentenced pursuant to subsection (5) of 9 this section. 10 (8) For the purpose of subsections (4), (5) and (7) of this section and 11 the provisions of section 18-8004C, Idaho Code, a substantially conforming 12 foreign criminal violation exists when a person has pled guilty to or has been 13 found guilty of a violation of any federal law or law of another state, or any 14 valid county, city, or town ordinance of another state substantially conform- 15 ing to the provisions of section 18-8004, Idaho Code. The determination of 16 whether a foreign criminal violation is substantially conforming is a question 17 of law to be determined by the court. 18 (9) Any person who pleads guilty to or is found guilty of a violation of 19 the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code, shall 20 undergo, at his own expense, (or at county expense through the procedures set 21 forth in chapters 34 and 35, title 31, Idaho Code,) and prior to the sentenc- 22 ing date, an alcohol evaluation by an alcohol evaluation facility approved by 23 the Idaho department of health and welfare; provided however, if the defendant 24 has no prior or pending charges with respect to the provisions of section 25 18-8004, 18-8004C or 18-8006, Idaho Code, and the court has the records and 26 information required under subsections (10)(a), (b) and (c) of this section or 27 possesses information from other reliable sources relating to the defendant's 28 use or nonuse of alcohol or drugs which does not give the court any reason to 29 believe that the defendant regularly abuses alcohol or drugs and is in need of 30 treatment, the court may, in its discretion, waive the evaluation with respect 31 to sentencing for a violation of section 18-8004 or 18-8004C(1), Idaho Code, 32 and proceed to sentence the defendant. The court may also, in its discretion, 33 waive the requirement of an alcohol evaluation with respect to a defendant's 34 violation of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho 35 Code, and proceed to sentence the defendant if the court has a presentence 36 investigation report, substance abuse assessment, criminogenic risk assess- 37 ment, or other assessment which evaluates the defendant's degree of alcohol 38 abuse and need for alcohol treatment conducted within twelve (12) months pre- 39 ceding the date of the defendant's sentencing. In the event an alcohol evalua- 40 tion indicates the need for alcohol treatment, the evaluation shall contain a 41 recommendation by the evaluator as to the most appropriate treatment program, 42 together with the estimated cost thereof, and recommendations for other suit- 43 able alternative treatment programs, together with the estimated costs 44 thereof. The person shall request that a copy of the completed evaluation be 45 forwarded to the court. The court shall take the evaluation into consideration 46 in determining an appropriate sentence. If a copy of the completed evaluation 47 has not been provided to the court, the court may proceed to sentence the 48 defendant; however, in such event, it shall be presumed that alcohol treatment 49 is required unless the defendant makes a showing by a preponderance of evi- 50 dence that treatment is not required. If the defendant has not made a good 51 faith effort to provide the completed copy of the evaluation to the court, the 52 court may consider the failure of the defendant to provide the report as an 53 aggravating circumstance in determining an appropriate sentence. If treatment 54 is ordered, in no event shall the person or facility doing the evaluation be 55 the person or facility that provides the treatment unless this requirement is 8 1 waived by the sentencing court, with the exception of federally recognized 2 Indian tribes or federal military installations, where diagnosis and treatment 3 are appropriate and available. Nothing herein contained shall preclude the use 4 of funds authorized pursuant to the provisions of chapter 3, title 39, Idaho 5 Code, for court-ordered alcohol treatment for indigent defendants. 6 (10) At the time of sentencing, the court shall be provided with the fol- 7 lowing information: 8 (a) The results, if administered, of any evidentiary test for alcohol 9 and/or drugs; 10 (b) A computer or teletype or other acceptable copy of the person's driv- 11 ing record; 12 (c) Information as to whether the defendant has pled guilty to or been 13 found guilty of violation of the provisions of section 18-8004, 18-8004C 14 or 18-8006, Idaho Code, or a similar offense within the past five (5) 15 years, notwithstanding the form of the judgment(s) or withheld 16 judgment(s); and 17 (d) The alcohol evaluation required in subsection (9) of this section, if 18 any. 19 (11) A minor may be prosecuted for a violation of the provisions of sec- 20 tion 18-8004 or 18-8004C, Idaho Code, under chapter 5, title 20, Idaho Code. 21 In addition to any other penalty, if a minor pleads guilty to or is found 22 guilty of a violation of the provisions of section 18-8004(1)(a), (b) or (c) 23 or 18-8004C, Idaho Code, he shall have his driving privileges suspended or 24 denied for an additional one (1) year following the end of any period of sus- 25 pension or revocation existing at the time of the violation, or until he 26 reaches the age of twenty-one (21) years, whichever period is greater. During 27 the period of additional suspension or denial, absolutely no driving privi- 28 leges shall be allowed. 29 (12) In the event that the alcohol evaluation required in subsection (9) 30 of this section recommends alcohol treatment, the court shall order the person 31 to complete a treatment program in addition to any other sentence which may be 32 imposed, unless the court determines that alcohol treatment would be inappro- 33 priate or undesirable, in which event, the court shall enter findings articu- 34 lating the reasons for such determination on the record. The court shall order 35 the defendant to complete the preferred treatment program set forth in the 36 evaluation, or a comparable alternative, unless it appears that the defendant 37 cannot reasonably obtain adequate financial resources for such treatment. In 38 that event, the court may order the defendant to complete a less costly alter- 39 native set forth in the evaluation, or a comparable program. Such treatment 40 shall, to the greatest extent possible, be at the expense of the defendant. In 41 the event that funding is provided for or on behalf of the defendant by an 42 entity of state government, restitution shall be ordered to such governmental 43 entity in accordance with the restitution procedure for crime victims, as 44 specified under chapter 53, title 19, Idaho Code. Nothing contained herein 45 shall be construed as requiring a court to order that a governmental entity 46 shall provide alcohol treatment at government expense unless otherwise 47 required by law. 48 (13) Any person who is disqualified, or whose driving privileges have been 49 suspended, revoked or canceled under the provisions of this chapter, shall not 50 be granted restricted driving privileges to operate a commercial motor vehi- 51 cle.
STATEMENT OF PURPOSE RS 15723 Relating to impoundment of vehicles of persons convicted of driving under the influence of alcohol, drugs or other intoxicating substance; amending Chapter 14, Title 49, Idaho Code, by the addition of a new section 49-1431, Idaho Code, to provide for seizure and impoundment of vehicles, to provide for notice, to provide for impoundment or rendering the vehicle inoperable for thirty days upon conviction, to provide for treatment of the vehicle if subject to forfeiture, to set forth requirements for release of the vehicle, to provide for disposition of the vehicle if the owner or operator is not convicted, to provide a cause of action by the registered owners, to provide for immunity from liability and to define a term; amending Chapter 14, Title 49, Idaho Code, by the addition of a new Section 49-1432, Idaho Code, to provide for forfeiture of a vehicle and the grounds for forfeiture, to provide for forfeiture proceedings and to provide for sale of the vehicle and distribution of the proceeds; and amending Section 18-8005, Idaho Code, to provide for the impoundment of vehicles for persons convicted multiple times of driving under the influence of alcohol, drugs or other intoxicating substances. FISCAL NOTE None Contact Name: Senator John McGee Phone: (208) 332-1336 STATEMENT OF PURPOSE/FISCAL NOTE S 1291