2000 Legislation
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HOUSE BILL NO. 470 – Drive w/o privilege, misdemnr, when

HOUSE BILL NO. 470

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H0470................................by JUDICIARY, RULES AND ADMINISTRATION
DRIVING WITHOUT PRIVILEGES - Amends existing law to provide that a person
convicted of a felony of driving without privileges under the provisions of
Section 18-8001, Idaho Code, in effect prior to July 1, 1998, may make
application to the court for an amended judgment and, if certain
requirements are met, the court may amend the judgment to reflect a
misdemeanor rather than a felony conviction.
                                                                        
02/01    House intro - 1st rdg - to printing
02/02    Rpt prt - to Jud
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 66-1-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer(Tiegs), Sellman, Shepherd, Smith, Smylie, Stevenson, Stone,
      Taylor, Tilman, Trail, Wood, Zimmermann, Mr Speaker
      NAYS -- Stoicheff
      Absent and excused -- Mader, Marley, Wheeler
    Floor Sponsors - Alltus,  Cheirrett
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Jud

Bill Text


 H0470
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 470
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DRIVING WITHOUT PRIVILEGES; AMENDING SECTION 18-8001, IDAHO  CODE,
  3        TO  PROVIDE  THAT  A  PERSON CONVICTED OF A FELONY UNDER THE PROVISIONS OF
  4        SECTION 18-8001, IDAHO CODE, IN EFFECT PRIOR TO JULY  1,  1998,  MAY  MAKE
  5        APPLICATION  TO  THE COURT FOR AN AMENDED JUDGMENT AND IF CERTAIN REQUIRE-
  6        MENTS ARE MET, THE COURT MAY AMEND THE JUDGMENT TO REFLECT  A  MISDEMEANOR
  7        RATHER THAN A FELONY CONVICTION; AND DECLARING AN EMERGENCY.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section 18-8001, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        18-8001.  DRIVING WITHOUT PRIVILEGES. (1) Any person who drives or  is  in
 12    actual  physical  control of any motor vehicle upon the highways of this state
 13    with knowledge or who has received legal notice pursuant  to  section  49-320,
 14    Idaho  Code,  that his driver's license, driving privileges or permit to drive
 15    is revoked, disqualified or suspended in this state or any other  jurisdiction
 16    is guilty of a misdemeanor.
 17        (2)  A person has knowledge that his license, driving privileges or permit
 18    to drive is revoked, disqualified or suspended when:
 19        (a)  He  has  actual knowledge of the revocation, disqualification or sus-
 20        pension of his license, driving privileges or permit to drive; or
 21        (b)  He has received oral or written notice from  a  verified,  authorized
 22        source,  that  his  license,  driving  privileges  or  permit to drive was
 23        revoked, disqualified or suspended; or
 24        (c)  Notice of the  suspension,  disqualification  or  revocation  of  his
 25        license,  driving  privileges  or  permit to drive was mailed by certified
 26        mail to his address pursuant to section 49-320, Idaho Code,  as  shown  in
 27        the transportation department records, and he failed to receive the notice
 28        or  learn of its contents as a result of his own unreasonable, intentional
 29        or negligent conduct or his failure to keep the transportation  department
 30        apprised of his mailing address as required by section 49-320, Idaho Code;
 31        or
 32        (d)  He has knowledge of, or a reasonable person in his situation exercis-
 33        ing  reasonable  diligence would have knowledge of, the existence of facts
 34        or circumstances which, under Idaho law, might have caused the revocation,
 35        disqualification or suspension of his license, driving privileges or  per-
 36        mit to drive.
 37        (3)  Any  person who pleads guilty to or is found guilty of a violation of
 38    subsection (1) for the first time:
 39        (a)  Shall be sentenced to jail for a mandatory minimum period of not less
 40        than two (2) days, and may be sentenced to not more than six  (6)  months,
 41        provided  however,  that  in  the  discretion of the sentencing judge, the
 42        judge may authorize the defendant to be assigned to a work release or work
 43        detail program within the custody of the county sheriff during the  period
                                                                        
                                           2
                                                                        
  1        of  incarceration,  or,  if the underlying suspension that resulted in the
  2        violation of this section is not a suspension resulting  from  an  offense
  3        identified  in  subsection (8) of this section, the judge may authorize an
  4        equivalent amount of community service in lieu of jail, or any  equivalent
  5        combination of these options;
  6        (b)  May be fined an amount not to exceed five hundred dollars ($500); and
  7        (c)  Shall have his driving privileges suspended by the court for an addi-
  8        tional  six (6) months following the end of any period of suspension, dis-
  9        qualification  or  revocation  existing  at the time of the violation; the
 10        defendant may request restricted driving privileges during the  period  of
 11        the  suspension  or  disqualification,  which  the  court may allow if the
 12        defendant shows by a preponderance of the evidence that driving privileges
 13        are necessary for his employment, education or for family health needs.
 14        (4)  Any person who pleads guilty to or is found guilty of a violation  of
 15    subsection  (1)  for  a second time within five (5) years, irrespective of the
 16    form of the judgment(s) or withheld judgment(s):
 17        (a)  Shall be sentenced to jail for a mandatory minimum period of not less
 18        than twenty (20) days, and may be sentenced to not more than one (1) year,
 19        provided however, that in the discretion  of  the  sentencing  judge,  the
 20        judge may authorize the defendant to be assigned to a work release or work
 21        detail  program within the custody of the county sheriff during the period
 22        of incarceration, or, if the underlying suspension that  resulted  in  the
 23        violation  of  this  section is not a suspension resulting from an offense
 24        identified in subsection (8) of this section, the judge may  authorize  an
 25        equivalent  amount of community service in lieu of jail, or any equivalent
 26        combination of these options;
 27        (b)  May be fined an amount not to exceed one thousand  dollars  ($1,000);
 28        and
 29        (c)  Shall have his driving privileges suspended by the court for an addi-
 30        tional  one  (1)  year following the end of any period of suspension, dis-
 31        qualification or revocation existing at the time of the second  violation,
 32        during  the  first thirty (30) days of which time he shall have absolutely
 33        no driving privileges of any kind. The defendant  may  request  restricted
 34        driving  privileges  during  the period of the suspension or disqualifica-
 35        tion, to begin after the period of absolute suspension,  which  the  court
 36        may  allow  if the defendant shows by a preponderance of the evidence that
 37        driving privileges are necessary for his employment, education or for fam-
 38        ily health needs.
 39        (5)  Any person who has pled guilty to or been found guilty of  more  than
 40    two  (2) violations of the provisions of subsection (1) of this section within
 41    five (5) years, notwithstanding  the  form  of  the  judgment(s)  or  withheld
 42    judgment(s), is guilty of a misdemeanor; and
 43        (a)  Shall  be sentenced to the county jail for a mandatory minimum period
 44        of not less than thirty (30) days, and may be sentenced to not  more  than
 45        one  (1) year; provided, however, that in the discretion of the sentencing
 46        judge, the judge may authorize the defendant to  be  assigned  to  a  work
 47        release  or  work  detail program within the custody of the county sheriff
 48        during the period of incarceration, or, if the underlying suspension  that
 49        resulted  in  the  violation of this section is not a suspension resulting
 50        from an offense identified in subsection (8) of this  section,  the  judge
 51        may  authorize  an equivalent amount of community service in lieu of jail,
 52        or any equivalent combination of these options;
 53        (b)  May be fined an amount not to exceed three thousand dollars ($3,000);
 54        and
 55        (c)  Shall have his driving privileges suspended by the court for an addi-
                                                                        
                                           3
                                                                        
  1        tional two (2) years following the end of any period of  suspension,  dis-
  2        qualification  or revocation existing at the time of the violation, during
  3        the first ninety (90) days of which time he shall have absolutely no driv-
  4        ing privileges of any kind. The defendant may request  restricted  driving
  5        privileges  during  the  period  of the suspension or disqualification, to
  6        begin after the period of absolute suspension, which the court  may  allow
  7        if  the  defendant  shows  by a preponderance of the evidence that driving
  8        privileges are necessary  for his  employment,  education  or  for  family
  9        health needs.
 10        (6)  A  minor  may be prosecuted for a violation of subsection (1) of this
 11    section under chapter 5, title 20, Idaho Code.
 12        (7)  If a person is  convicted  for  a   violation   of  section  18-8004,
 13    18-8004C  or  18-8006,  Idaho  Code,  and at the time of arrest had no driving
 14    privileges, the penalties imposed by this section shall be in addition to  any
 15    penalties  imposed under the provisions of section 18-8005, 18-8004A, 18-8004C
 16    or 18-8006, Idaho Code, and not in lieu thereof.
 17        (8)  For purposes of this section, the offenses referred to in subsections
 18    (3)(a), (4)(a) and (5)(a) of this section are:
 19        (a)  Section 18-1501(3), Idaho Code, transporting a minor in a motor vehi-
 20        cle while under the influence;
 21        (b)  Section 18-4006(3), Idaho Code, vehicular manslaughter;
 22        (c)  Section 18-8001, Idaho Code, driving without privileges;
 23        (d)  Section 18-8004, Idaho Code, driving under the influence of  alcohol,
 24        drugs or other intoxicating substances;
 25        (e)  Section 18-8004C, Idaho Code, excessive alcohol concentration;
 26        (f)  Section  18-8006,  Idaho  Code,  aggravated  driving  while under the
 27        influence of alcohol, drugs or any other intoxicating substances;
 28        (g)  Section 18-8007, Idaho Code, leaving the scene of an accident result-
 29        ing in injury or death;
 30        (h)  Section 49-1229, Idaho Code, required motor vehicle insurance;
 31        (i)  Section 49-1232, Idaho Code, certificate or proof of liability insur-
 32        ance to be carried in motor vehicle;
 33        (j)  Section 49-1401, Idaho Code, reckless driving;
 34        (k)  Section 49-1404, Idaho Code, eluding a police officer;
 35        (l)  Section 49-1428, Idaho Code, operating a  vehicle  without  liability
 36        insurance;
 37    or any substantially conforming foreign criminal violation.
 38        (9)  In  no  event shall a person be granted restricted driving privileges
 39    unless the person shows proof of liability insurance or other proof of  finan-
 40    cial responsibility, as provided in chapter 12, title 49, Idaho Code.
 41        (10) Any person convicted of a felony under the provisions of this section
 42    in  effect  prior to July 1, 1998, may make application to the court where the
 43    judgment of conviction was entered and the court, upon a satisfactory  showing
 44    that  the defendant at all times complied with the terms and conditions of the
 45    sentence imposed upon the felony conviction and that  the  defendant  has  not
 46    been  charged with a subsequent violation of this section, may amend the judg-
 47    ment to reflect  a misdemeanor rather than a felony conviction.
                                                                        
 48        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 49    declared to exist, this act shall be in full force and effect on and after its
 50    passage and approval.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 09656 

This Legislation was enacted in 1984, making it a felony the 
third time a person was convicted of driving without privileges. 
In 1998 it was amended so the third conviction resulted in 
a misdemeanor rather than a felony. This legislation would 
enable the person convicted before July 1, 1998 to have their 
record reflect a misdemeanor rather than the felony. 

                         FISCAL IMPACT
None 

CONTACT 
Name: Jeff Alltus
Phone: 332-1000 
Name: Clair Cheirrett
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                    H 470