View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1286................................................by JUDICIARY AND RULES
INTOXICATION - Amends existing law to provide that provisions of the
Alcoholism and Intoxication Treatment Act restricting the incarceration or
prosecution of certain persons shall not affect laws, ordinances,
resolutions or rules regarding pedestrians upon highways, the carrying of
concealed weapons or persons on certain roadways and properties who are
using or are under the influence of controlled substances or narcotic
drugs.
01/15 Senate intro - 1st rdg - to printing
01/16 Rpt prt - to Jud
01/24 Rpt out - rec d/p - to 2nd rdg
01/25 2nd rdg - to 3rd rdg
01/29 3rd rdg - PASSED - 31-1-3
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill,
Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson,
Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne(Thorne),
Wheeler, Williams
NAYS -- Ingram
Absent and excused -- Brandt, Deide, Sims
Floor Sponsor - Lodge
Title apvd - to House
01/30 House intro - 1st rdg - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 67-0-3
AYES -- Aikele, Barraclough, Barrett, Bell, Bieter, Black, Block,
Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins,
Crow, Cuddy, Deal, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford,
Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23),
Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young
NAYS -- None
Absent and excused -- Bedke, Denney, Mr. Speaker
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/07 To enrol
03/08 Rpt enrol - Pres signed
03/11 Sp signed
03/12 To Governor
03/21 Governor signed
Session Law Chapter 189
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1286
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE ALCOHOLISM AND INTOXICATION TREATMENT ACT; AMENDING SECTION
3 39-310, IDAHO CODE, TO CLARIFY THAT THE PROVISIONS DO NOT APPLY TO PERSONS
4 BELOW A CERTAIN AGE, TO PROVIDE THAT THE CHAPTER SHALL NOT AFFECT CERTAIN
5 LAWS, ORDINANCES, RESOLUTIONS OR RULES REGARDING PEDESTRIANS UPON HIGH-
6 WAYS, THE CARRYING OF CONCEALED WEAPONS, OR PERSONS ON CERTAIN ROADWAYS
7 AND PROPERTIES WHO USE OR ARE UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES
8 OR NARCOTIC DRUGS AND TO PROVIDE CORRECT TERMINOLOGY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 39-310, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-310. CRIMINAL LAW LIMITATIONS. (1) With the exception of minors per-
13 sons below the statutory age for consuming alcoholic beverages and of persons
14 affected by the provisions of subsection (3) herein, no person shall be incar-
15 cerated or prosecuted criminally or civilly for the violation of any law,
16 ordinance, resolution or rule that includes drinking, being a common drunkard,
17 or being found in an intoxicated or addicted condition as one of the elements
18 of the offense giving rise to criminal or civil penalty or sanction.
19 (2) No county, municipality, or other political subdivision may interpret
20 or apply any law of general application to circumvent the provision of subsec-
21 tion (1) of this section.
22 (3) Nothing in this act chapter shall affect any law, ordinance, resolu-
23 tion, or rule against drunken driving, driving under the influence of alcohol
24 or drugs, or other similar offense involving the operation of a vehicle, air-
25 craft, boat, machinery, or other equipment, or regarding the sale, purchase,
26 dispensing, possessing, or use of alcoholic beverages or drugs at stated times
27 and places or by a particular class of persons, or regarding the carrying of a
28 concealed weapon when intoxicated or under the influence of an intoxicating
29 drink or drug, or regarding pedestrians who are under the influence of alcohol
30 or drugs to a degree which renders them a hazard and who walk or are otherwise
31 upon a highway except on a sidewalk, or regarding persons who are using or are
32 under the influence of controlled substances or narcotic drugs and who are on
33 public property, roadways or conveyances or on private property open to the
34 public.
35 (4) This act chapter shall not limit or alter the terms or effect of sec-
36 tion 18-116, Idaho Code.
37 (5) Nothing in this act chapter shall affect the enforcement of any other
38 provisions of the uniform controlled substances act.
STATEMENT OF PURPOSE
RS11524C1
This bill is one of a series of bills that the Supreme Court has
recommended in its annual report to the Governor concerning defects
or omissions in the laws, as required under article V, section 25 of
the Idaho Constitution.
This bill amends Section 39-310, Idaho Code, a section in the
Alcoholism and Intoxication Treatment Act which provides that no
person shall be prosecuted criminally for a violation of law that
includes drinking or being in an intoxicated state as one of the
elements of the offense. However, this section goes on to provide
in subsection 3 that this prohibition does not apply to any law
against underage consumption, driving under the influence of alcohol
or drugs, or the sale, purchase, possession, or use of alcohol at
stated times and places or by a particular class of persons. This
bill adds to this list of exceptions the offense of carrying a
concealed weapon when intoxicated, walking upon a highway while under
the influence of alcohol or drugs, and the use or being under the
influence of controlled substances or narcotic drugs in public places
or on public property.
This bill also amends subsection (1) of this statute which excludes
minors below the statutory age who consume alcohol from the
application of this section, by deleting the word "minors" and
substituting the word "persons," so that any person under the legal
age for consuming alcohol is covered by this exclusion, including
persons eighteen through twenty years of age.
FISCAL NOTE
This bill will not have an impact on state or local funds.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246
Statement of Purpose/Fiscal Note S 1286