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H0019........................................................by MR. SPEAKER
Requested by: Department of Parks and Recreation
VESSELS - OPERATION UNDER INFLUENCE - Amends existing law to provide
authority to make an arrest when a person is charged with operating a
vessel under the influence of alcohol, intoxicating beverages or drugs; and
to provide authority to make an arrest when a person operating a vessel
fails to stop or give information after an accident causing damage to a
vessel or other property.
01/08 House intro - 1st rdg - to printing
Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 19 BY MR. SPEAKER Requested by: Department of Parks and Recreation 1 AN ACT 2 RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-1405, IDAHO CODE, TO PROVIDE 3 AUTHORITY TO MAKE AN ARREST WHEN A PERSON IS CHARGED WITH OPERATING A VES- 4 SEL UNDER THE INFLUENCE OF ALCOHOL, INTOXICATING BEVERAGES OR DRUGS OR 5 UPON FAILURE TO STOP OR GIVE INFORMATION AFTER AN ACCIDENT CAUSING DAMAGE 6 TO A VESSEL OR OTHER PROPERTY AND TO MAKE A TECHNICAL CORRECTION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 49-1405, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 49-1405. ARRESTS FOR SERIOUS OFFENSES. (1) The authority to make an 11 arrest is the same as upon an arrest for a felony when any person is charged 12 with any of the following offenses: 13 (a) Negligent homicide. 14 (b) Driving, or being in actual physical control, of a vehicle or operat- 15 ing a vessel while under the influence of alcohol or other intoxicating 16 beverage. 17 (c) Driving a vehicle or operating a vessel while under the influence of 18 any narcotic drug, or driving a vehicle or operating a vessel while under 19 the influence of any other drug to a degree which renders the person inca- 20 pable of safely driving a vehicle. 21 (d) Failure to stop, or failure to give information, or failure to render 22 reasonable assistance, in the event of an accident resulting in death or 23 personal injuries. 24 (e) Failure to stop, or failure to give information, in the event of an 25 accident resulting in damage to a vehicle or vessel or to fixtures or 26 other property legally upon or adjacent to a highway or waterway. 27 (f) Reckless driving. 28 (g) Fleeing or attempting to elude a peace officer. 29 (2) Whenever any person is arrested as authorized in this section, he 30 shall be taken without unnecessary delay before the proper magistrate as pro- 31 vided by law, except that in the case of either of the offenses designated in 32 paragraphs (1)(e), (f) and (g) of this section, a peace officer shall have the 33 same discretion as is provided by law.
STATEMENT OF PURPOSE
RS 10511
49-1405. Arrest for serious offenses. This proposal will
amend I.C. 49-1405, Arrest for serious offenses. It
will allow officers to handle marine "Operating Under the
Influence" violations the same as the road counterpart of
"Driving Under the Influence", when the officer did not
witness the violation. Currently, a marine officer cannot
arrest a subject for OUI unless the officer witnesses the
violation. Operators who crash their boats while intoxicated
cannot be arrested for this violation unless the officer
actually saw the crash.
FISCAL IMPACT
There will be no impact to the General Fund with this proposal.
There will be some impact in man-hours, travel, and prisoner
costs to the County Sheriff's office and some similar costs
to the corresponding Judicial District when an officer makes
an arrest in these type situations.
CONTACT:
Name: Pat Beale,
Idaho Department of Parks & Rec.
Phone: 334-4199
STATEMENT OF PURPOSE/FISCAL NOTE H 19