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HOUSE BILL NO. 466

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H0466..........................................................by STOICHEFF
                          Requested by: Stoicheff
DRIVING WITHOUT PRIVILEGES - Amends existing law to provide civil penalties
and possible community service for driving without privileges and to
provide for an affirmative defense if the person has religious or personal
beliefs that preclude him from obtaining a driver's license.

01/12    House intro - 1st rdg - to printing
01/12    Rpt prt - to Jud

Bill Text

H0466


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 466

                                       BY STOICHEFF


 1                                        AN ACT
 2    RELATING TO DRIVING WITHOUT PRIVILEGES; AMENDING SECTION 18-8001, IDAHO  CODE,
 3        TO  PROVIDE  CIVIL  PENALTIES  AND  POSSIBLE COMMUNITY SERVICE FOR DRIVING
 4        WITHOUT PRIVILEGES AND TO PROVIDE AN AFFIRMATIVE DEFENSE.

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

 6        SECTION 1.  That Section 18-8001, Idaho Code, be, and the same  is  hereby
 7    amended to read as follows:

 8        18-8001.  DRIVING  WITHOUT  PRIVILEGES. (1) Any person who drives or is in
 9    actual physical control of any motor vehicle upon the highways of  this  state
10    with  knowledge  that  his  driver's  license, driving privileges or permit to
11    drive is revoked, disqualified or suspended in this state or any other  juris-
12    diction    is  guilty of a misdemeanor   shall be subject to a
13    civil penalty and other sanctions as provided in this section .
14        (2)  A person has knowledge that his license, driving privileges or permit
15    to drive is revoked, disqualified or suspended when:
16        (a)  He has actual knowledge of the revocation, disqualification  or  sus-
17        pension of his license, driving privileges or permit to drive; or
18        (b)  He  has  received  oral or written notice from a verified, authorized
19        source, that his license,  driving  privileges  or  permit  to  drive  was
20        revoked, disqualified or suspended; or
21        (c)  Notice  of  the  suspension,  disqualification  or  revocation of his
22        license, driving privileges or permit to drive  was  mailed  by  certified
23        mail to his address as shown on the citation which resulted in the suspen-
24        sion,  disqualification  or revocation, and if such notice was returned it
25        was remailed to his address as shown in the  department  records,  and  he
26        failed  to  receive the notice or learn of its contents as a result of his
27        own unreasonable, intentional or negligent conduct; or
28        (d)  He has knowledge of, or a reasonable person in his situation exercis-
29        ing reasonable diligence would have knowledge of, the existence  of  facts
30        or circumstances which, under Idaho law, might have caused the revocation,
31        disqualification  or suspension of his license, driving privileges or per-
32        mit to drive.
33        (3)  Any person who  pleads guilty to or is found guilty of a  viola-
34    tion   of   violates  subsection (1) for the first
35    time :
36        (a)  Shall be sentenced to jail for a mandatory minimum period of not less
37        than  two  (2) days, and may be sentenced to not more than six (6) months,
38        provided however, that in the discretion  of  the  sentencing  judge,  the
39        judge  may authorize the defendant to be assigned to a work detail program
40        within the custody of the county sheriff during the period  of  incarcera-
41        tion;
42        (b)  M    m ay be  fined an amount   sub-


                                          2
 1        ject to a civil penalty  not  to exceed   in  excess
 2        of    five  hundred dollars ($500)  as may be determined by the
 3        court and may be subject to community service as determined by  the  court
 4        ; and
 5          (c)  S    s  hall have his driving privileges sus-
 6        pended by the court for an additional six (6) months following the end  of
 7        any  period  of suspension, disqualification or revocation existing at the
 8        time of the violation; the defendant may request restricted driving privi-
 9        leges during the period of the suspension or disqualification,  which  the
10        court  may allow if the defendant shows by a preponderance of the evidence
11        that driving privileges are necessary for his  employment  or  for  family
12        health needs.
13        (4)  Any  person who  pleads guilty to or is found guilty of a viola-
14    tion of   violates  subsection (1) for a second  time  within
15    five  (5)  years,  irrespective  of  the  form  of the judgment(s) or withheld
16    judgment(s) : 
17         (a)  Shall be sentenced to jail for a mandatory  minimum  period  of
18        not  less than twenty (20) days, and may be sentenced to not more than one
19        (1) year, provided however, that  in  the  discretion  of  the  sentencing
20        judge,  the  judge  may  authorize  the defendant to be assigned to a work
21        detail program within the custody of the county sheriff during the  period
22        of incarceration;
23        (b)  M    m  ay  be    fined an amount not to exceed
24          subject to a civil penalty not in excess of  one  thou-
25        sand  dollars  ($1,000)  as may be determined by the court and may be
26        subject to community service as may be determined by the court ; and
27         (c)  S  s hall have  his  driving  privileges  sus-
28        pended  by  the  court for an additional one (1) year following the end of
29        any period of suspension, disqualification or revocation existing  at  the
30        time  of  the second violation, during which time he shall have absolutely
31        no driving privileges of any kind.
32        (5)  Any person who has  pled guilty  to  or  been  found  guilty  of
33      more  than  two  (2) violations of the provisions of subsection (1) of
34    this  section  within  five  (5)  years,  notwithstanding  the  form  of   the
35    judgment(s) or withheld judgment(s),  is guilty of a felony; and
36        (a)  Shall  be  sentenced  to the custody of the state board of correction
37        for not to exceed three (3) years; provided that notwithstanding the  pro-
38        visions  of  section 19-2601, Idaho Code, should the court impose any sen-
39        tence other than incarceration in the state  penitentiary,  the  defendant
40        shall  be  sentenced  to the county jail for a mandatory minimum period of
41        not less than thirty (30) days; and further provided that  notwithstanding
42        the provisions of section 18-111, Idaho Code, a conviction under this sec-
43        tion shall be deemed a felony;
44        (b)  M    m  ay  be    fined an amount not to exceed
45          subject to a civil penalty not  in  excess  of    three
46        thousand  dollars ($3,000)  as may be determined by the court and may
47        be subject to community service as determined by the court ; and
48         (c)  S  s hall have  his  driving  privileges  sus-
49        pended by the court for an additional three (3) years following the end of
50        any  period  of suspension, disqualification or revocation existing at the
51        time of the violation, during which time he shall have absolutely no driv-
52        ing privileges of any kind.
53        (6)  A minor may be prosecuted for a violation of subsection (1)  of  this
54    section under title 16, Idaho Code.
55        (7)  If  a  person  is  convicted  for a  violation  of section 18-8004 or
56    18-8006, Idaho Code, and at the time of arrest had no driving privileges,  the


                                          3
 1    penalties  imposed  by  this  section  shall  be  in addition to any penalties
 2    imposed under the provisions of section 18-8005 or 18-8006,  Idaho  Code,  and
 3    not in lieu thereof.
 4         (8)  If a person is accused of violating the provisions of this sec-
 5    tion,  it  may be an affirmative defense that the person has religious or per-
 6    sonal beliefs that preclude them from obtaining a driver's license.  It  shall
 7    be  the sole discretion of the court whether this affirmative defense shall be
 8    allowed. 

Statement of Purpose / Fiscal Impact

    





                           STATEMENT OF PURPOSE
                                 RS 07425
    
    The purpose of this piece of legislation is to decriminalize 
    from a felony to a misdemeanor the crime of not getting a 
    driver's
    
    license.
    
                              FISCAL NOTE
    Possibly a savings to the state penal 
    budget
    
    
    CONTACT: Representative Jim Stoicheff
    
    
                                208-334-2000
    
                     STATEMENT OF PURPOSE/FISCAL NOTE
    
    H 466