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S1324................................................by JUDICIARY AND RULES
DRIVING UNDER INFLUENCE - Amends existing law to provide that a
substantially conforming foreign criminal felony violation may be used as a
prior conviction for the purpose of establishing a felony charge of driving
under the influence.
01/27 Senate intro - 1st rdg - to printing
01/28 Rpt prt - to Jud
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 32-0-3
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Stegner, Stennett,
Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Branch, Ipsen, Sorensen
Floor Sponsor - Ingram
Title apvd - to House
02/16 House intro - 1st rdg - to Jud
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/30 3rd rdg - PASSED - 58-0-12
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Callister,
Campbell, Cheirrett, Clark, Crow, Denney, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29),
Henbest, Hornbeck, Jaquet, Jones(Jones), Kellogg, Kempton, Kendell,
Kunz, Lake, Linford, Marley, McKague, Meyer, Montgomery, Mortensen,
Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson,
Stoicheff, Stone, Tilman, Trail, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Black, Bruneel, Chase, Cuddy, Deal, Ellsworth,
Judd, Loertscher, Mader, Smith, Taylor, Mr Speaker
Floor Sponsor - Hammond
Title apvd - to Senate
03/31 To enrol
04/03 Rpt enrol - Pres signed - Sp signed
04/04 To Governor
04/12 Governor signed
Session Law Chapter 240
Effective: 07/01/00
S1324
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1324
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO FELONY DRIVING UNDER THE INFLUENCE; AMENDING SECTION 18-8005,
3 IDAHO CODE, TO PROVIDE THAT A SUBSTANTIALLY CONFORMING FOREIGN CRIMINAL
4 FELONY VIOLATION MAY BE USED AS A PRIOR CONVICTION FOR THE PURPOSE OF
5 ESTABLISHING A FELONY CHARGE OF DRIVING UNDER THE INFLUENCE; AND PROVIDING
6 AN EFFECTIVE DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 18-8005, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 18-8005. PENALTIES. (1) Any person who pleads guilty to or is found
11 guilty of a violation of the provisions of section 18-8004(1)(a) or (5), Idaho
12 Code, for the first time is guilty of a misdemeanor; and, except as provided
13 in section 18-8004C, Idaho Code:
14 (a) May be sentenced to jail for not to exceed six (6) months;
15 (b) May be fined an amount not to exceed one thousand dollars ($1,000);
16 (c) Shall be advised by the court in writing at the time of sentencing of
17 the penalties that will be imposed for subsequent violations of the provi-
18 sions of section 18-8004, Idaho Code, which advice shall be signed by the
19 defendant, and a copy retained by the court and another copy retained by
20 the prosecuting attorney; and
21 (d) Shall have his driving privileges suspended by the court for a period
22 of thirty (30) days which shall not be reduced and during which thirty
23 (30) day period absolutely no driving privileges of any kind may be
24 granted. After the thirty (30) day period of absolute suspension of driv-
25 ing privileges has passed, the defendant shall have driving privileges
26 suspended by the court for an additional period of at least sixty (60)
27 days, not to exceed one hundred fifty (150) days during which the defend-
28 ant may request restricted driving privileges which the court may allow,
29 if the defendant shows by a preponderance of the evidence that driving
30 privileges are necessary for his employment or for family health needs.
31 (2) Any person who pleads guilty to or is found guilty of a violation of
32 the provisions of section 18-8004(1)(b), Idaho Code, for the first time is
33 guilty of a misdemeanor and subject to:
34 (a) The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and
35 (b) The provisions of section 49-335, Idaho Code.
36 (3) Any person who pleads guilty to or is found guilty of a violation of
37 the provisions of section 18-8004(1)(c), Idaho Code, for the first time, is
38 guilty of a misdemeanor and is subject to:
39 (a) The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and
40 (b) The provisions of section 49-335, Idaho Code.
41 (4) Any person who pleads guilty to or is found guilty of a violation of
42 the provisions of section 18-8004(1)(a), (b) or (c), Idaho Code, who previ-
43 ously has been found guilty of or has pled guilty to a violation of the provi-
2
1 sions of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially
2 conforming foreign criminal violation within five (5) years, notwithstanding
3 the form of the judgment(s) or withheld judgment(s), and except as provided in
4 section 18-8004C, Idaho Code, is guilty of a misdemeanor; and, except as pro-
5 vided in section 18-8004C, Idaho Code:
6 (a) Shall be sentenced to jail for a mandatory minimum period of not less
7 than ten (10) days the first forty-eight (48) hours of which must be con-
8 secutive, and may be sentenced to not more than one (1) year, provided
9 however, that in the discretion of the sentencing judge, the judge may
10 authorize the defendant to be assigned to a work detail program within the
11 custody of the county sheriff during the period of incarceration;
12 (b) May be fined an amount not to exceed two thousand dollars ($2,000);
13 (c) Shall be advised by the court in writing at the time of sentencing,
14 of the penalties that will be imposed for subsequent violations of the
15 provisions of section 18-8004, Idaho Code, which advice shall be signed by
16 the defendant, and a copy retained by the court and another copy retained
17 by the prosecuting attorney;
18 (d) Shall surrender his driver's license or permit to the court;
19 (e) Shall have his driving privileges suspended by the court for an addi-
20 tional mandatory minimum period of one (1) year after release from con-
21 finement, during which one (1) year period absolutely no driving privi-
22 leges of any kind may be granted; and
23 (f) If the person has pled guilty or was found guilty for the second time
24 within five (5) years of a violation of the provisions of section
25 18-8004(1)(b) or (c), Idaho Code, then the provisions of section 49-335,
26 Idaho Code, shall apply.
27 (5) Except as provided in section 18-8004C, Idaho Code, any person who
28 pleads guilty to or is found guilty of a violation of the provisions of sec-
29 tion 18-8004(1)(a), (b) or (c), Idaho Code, who previously has been found
30 guilty of or has pled guilty to two (2) or more violations of the provisions
31 of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially con-
32 forming foreign criminal violation, or any combination thereof, within five
33 (5) years, notwithstanding the form of the judgment(s) or withheld
34 judgment(s), shall be guilty of a felony; and
35 (a) Shall be sentenced to the custody of the state board of correction
36 for not to exceed five (5) years; provided that notwithstanding the provi-
37 sions of section 19-2601, Idaho Code, should the court impose any sentence
38 other than incarceration in the state penitentiary, the defendant shall be
39 sentenced to the county jail for a mandatory minimum period of not less
40 than thirty (30) days, the first forty-eight (48) hours of which must be
41 consecutive; and further provided that notwithstanding the provisions of
42 section 18-111, Idaho Code, a conviction under this section shall be
43 deemed a felony;
44 (b) May be fined an amount not to exceed five thousand dollars ($5,000);
45 (c) Shall surrender his driver's license or permit to the court; and
46 (d) Shall have his driving privileges suspended by the court for a manda-
47 tory minimum period of one (1) year after release from imprisonment, and
48 may have his driving privileges suspended by the court for not to exceed
49 five (5) years after release from imprisonment, during which time he shall
50 have absolutely no driving privileges of any kind.
51 (6) For the purpose of computation of the enhancement period in subsec-
52 tions (4), (5) and (7) of this section, the time that elapses between the date
53 of commission of the offense and the date the defendant pleads guilty or is
54 found guilty for the pending offense shall be excluded. If the determination
55 of guilt against the defendant is reversed upon appeal, the time that elapsed
3
1 between the date of the commission of the offense and the date the defendant
2 pleads guilty or is found guilty following the appeal shall also be excluded.
3 (7) Notwithstanding the provisions of subsections (4) and (5) of this
4 section, any person who has pled guilty or has been found guilty of a felony
5 violation of the provisions of section 18-8004, Idaho Code, a felony violation
6 of the provisions of section 18-8004C, Idaho Code, a violation of the provi-
7 sions of section 18-8006, Idaho Code, or a violation of the provisions of sec-
8 tion 18-4006 3. (b), Idaho Code, or any substantially conforming foreign crim-
9 inal felony violation, and within ten (10) years pleads guilty or is found
10 guilty of a further violation of the provisions of section 18-8004, Idaho
11 Code, shall be guilty of a felony and shall be sentenced pursuant to subsec-
12 tion (5) of this section.
13 (8) For the purpose of subsections (4), and (5) and (7) of this section
14 and the provisions of section 18-8004C, Idaho Code, a substantially conforming
15 foreign criminal violation exists when a person has pled guilty to or has been
16 found guilty of a violation of any federal law or law of another state, or any
17 valid county, city, or town ordinance of another state substantially conform-
18 ing to the provisions of section 18-8004, Idaho Code. The determination of
19 whether a foreign criminal violation is substantially conforming is a question
20 of law to be determined by the court.
21 (9) Any person who pleads guilty to or is found guilty of a violation of
22 the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code, shall
23 undergo, at his own expense, (or at county expense through the procedures set
24 forth in chapters 34 and 35, title 31, Idaho Code,) and prior to the sentenc-
25 ing date, an alcohol evaluation by an alcohol evaluation facility approved by
26 the Idaho department of health and welfare. In the event the alcohol evalua-
27 tion indicates the need for alcohol treatment, the evaluation shall contain a
28 recommendation by the evaluator as to the most appropriate treatment program,
29 together with the estimated cost thereof, and recommendations for other suit-
30 able alternative treatment programs, together with the estimated costs
31 thereof. The person shall request that a copy of the completed evaluation be
32 forwarded to the court. The court shall take the evaluation into consideration
33 in determining an appropriate sentence. If a copy of the completed evaluation
34 has not been provided to the court, the court may proceed to sentence the
35 defendant; however, in such event, it shall be presumed that alcohol treatment
36 is required unless the defendant makes a showing by a preponderance of evi-
37 dence that treatment is not required. If the defendant has not made a good
38 faith effort to provide the completed copy of the evaluation to the court, the
39 court may consider the failure of the defendant to provide the report as an
40 aggravating circumstance in determining an appropriate sentence. If treatment
41 is ordered, in no event shall the person or facility doing the evaluation be
42 the person or facility that provides the treatment unless this requirement is
43 waived by the sentencing court, with the exception of federally recognized
44 Indian tribes or federal military installations, where diagnosis and treatment
45 are appropriate and available. Nothing herein contained shall preclude the use
46 of funds authorized pursuant to the provisions of chapter 3, title 39, Idaho
47 Code, for court-ordered alcohol treatment for indigent defendants.
48 (10) At the time of sentencing, the court shall be provided with the fol-
49 lowing information:
50 (a) The results, if administered, of any evidentiary test for alcohol
51 and/or drugs;
52 (b) A computer or teletype or other acceptable copy of the person's driv-
53 ing record;
54 (c) Information as to whether the defendant has pled guilty to or been
55 found guilty of violation of the provisions of section 18-8004, 18-8004C
4
1 or 18-8006, Idaho Code, or a similar offense within the past five (5)
2 years, notwithstanding the form of the judgment(s) or withheld
3 judgment(s); and
4 (d) The alcohol evaluation required in subsection (9) of this section, if
5 any.
6 (11) A minor may be prosecuted for a violation of the provisions of sec-
7 tion 18-8004 or 18-8004C, Idaho Code, under chapter 5, title 20, Idaho Code.
8 In addition to any other penalty, if a minor pleads guilty to or is found
9 guilty of a violation of the provisions of section 18-8004(1)(a), (b) or (c)
10 or 18-8004C, Idaho Code, he shall have his driving privileges suspended or
11 denied for an additional one (1) year following the end of any period of sus-
12 pension or revocation existing at the time of the violation, or until he
13 reaches the age of twenty-one (21) years, whichever period is greater. During
14 the period of additional suspension or denial, absolutely no driving privi-
15 leges shall be allowed.
16 (12) In the event that the alcohol evaluation required in subsection (9)
17 of this section recommends alcohol treatment, the court shall order the person
18 to complete a treatment program in addition to any other sentence which may be
19 imposed, unless the court determines that alcohol treatment would be inappro-
20 priate or undesirable, in which event, the court shall enter findings articu-
21 lating the reasons for such determination on the record. The court shall order
22 the defendant to complete the preferred treatment program set forth in the
23 evaluation, or a comparable alternative, unless it appears that the defendant
24 cannot reasonably obtain adequate financial resources for such treatment. In
25 that event, the court may order the defendant to complete a less costly alter-
26 native set forth in the evaluation, or a comparable program. Such treatment
27 shall, to the greatest extent possible, be at the expense of the defendant. In
28 the event that funding is provided for or on behalf of the defendant by an
29 entity of state government, restitution shall be ordered to such governmental
30 entity in accordance with the restitution procedure for crime victims, as
31 specified under chapter 53, title 19, Idaho Code. Nothing contained herein
32 shall be construed as requiring a court to order that a governmental entity
33 shall provide alcohol treatment at government expense unless otherwise
34 required by law.
35 (13) Any person who is disqualified shall not be granted restricted driv-
36 ing privileges to operate a commercial motor vehicle.
37 SECTION 2. This act shall be in full force and effect on and after July
38 1, 2000.
STATEMENT OF PURPOSE
RS09648
This bill amends the penalty section of the Driving Under the
Influence statute to makesection seven (7) of I.C. 18-8005
consistent with sections four (4) and five (5) which already
allow a substantially conforming foreign criminal violation to
be used for enhancement purposes.Currently a person who has been
convicted of felony D.U.I. in Idaho within the last ten years and
who commits a new D.U.I., will face felony penalties. However, this
is only true if the prior felony within ten years was a violation
of Idaho law. This amendment will allow a felony conviction from a
foreign state within the prior ten years also to be used as an
enhancement.
Fiscal Impact
This bill will have some fiscal impact because people who commit a
D.U.I. in Idaho whohave a prior felony D.U.I. outside of Idaho within
the last ten years will be facing a felonyinstead of a misdemeanor.
These cases represent a small percentage of all D.U.I. cases. The
extent of the impact will depend greatly on the discretion of the
sentencing judges in these cases.The average cost for one inmate in
the Department of Corrections is $51-48 per day or$18,790.20 per year.
The maximum penalty for felony D.U.I. is a five year sentence to the
Department of Corrections.
Contact: Kevin Maloney orJim Ball
Idaho Prosecuting Attorneys' Association
364-2121
STATEMENT OF PURPOSE/FISCAL NOTE S 1324