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H0592.............................................................by MILLER DRIVING UNDER INFLUENCE - Amends and adds to existing law to provide for impoundment of motor vehicles for certain driving offenses, to provide for increased monetary penalties for driving under the influence, to provide for increased driver's license suspension times, to provide for substance abuse counseling, and to provide for commitment to a Department of Correction work camp rather than prison. 02/02 House intro - 1st rdg - to printing 02/03 Rpt prt - to Transp
H0592|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 592 BY MILLER 1 AN ACT 2 RELATING TO IMPOUNDMENT OF VEHICLES OF PERSONS CONVICTED OF DRIVING UNDER THE 3 INFLUENCE OF ALCOHOL, DRUGS OR OTHER INTOXICATING SUBSTANCES; AMENDING 4 CHAPTER 14, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5 49-1431, IDAHO CODE, TO PROVIDE FOR SEIZURE AND IMPOUNDMENT OF VEHICLES, 6 TO PROVIDE FOR NOTICE OF IMPOUNDMENT TO THE REGISTERED OWNER, TO PROVIDE 7 FOR IMPOUNDMENT OR RENDERING THE VEHICLE INOPERABLE FOR THIRTY DAYS UPON A 8 CONVICTION OF THE OFFENSE FOR WHICH THE VEHICLE WAS IMPOUNDED, TO PROVIDE 9 FOR TREATMENT OF THE VEHICLE IF IT IS SUBJECT TO FORFEITURE, TO PROVIDE 10 REQUIREMENTS FOR RELEASE OF THE VEHICLE, TO PROVIDE FOR DISPOSITION OF THE 11 VEHICLE IF THE OWNER/OPERATOR IS NOT CONVICTED OF THE OFFENSE FOR WHICH 12 THE VEHICLE IS TO BE IMPOUNDED OR RENDERED INOPERABLE FOR THIRTY DAYS OR 13 FOR WHICH THE VEHICLE IS TO BE FORFEITED, PROVIDING A CAUSE OF ACTION BY 14 THE REGISTERED OWNER AGAINST THE OPERATOR CAUSING THE IMPOUNDMENT, TO PRO- 15 VIDE FOR IMMUNITY FROM LIABILITY AND TO PROVIDE A DEFINITION; AMENDING 16 CHAPTER 14, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 17 49-1432, IDAHO CODE, TO PROVIDE FOR FORFEITURE OF THE VEHICLE AND THE 18 GROUNDS FOR FORFEITURE, TO PROVIDE FOR FORFEITURE PROCEEDINGS AND TO PRO- 19 VIDE FOR SALE OF THE VEHICLE AND DISTRIBUTION OF THE PROCEEDS; AMENDING 20 CHAPTER 14, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 21 49-1433, IDAHO CODE, TO PROVIDE FOR IMPOUNDMENT OF A VEHICLE UPON AN 22 ARREST OR CITATION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR 23 OTHER INTOXICATING SUBSTANCES, FOR AGGRAVATED DRIVING UNDER THE INFLUENCE 24 OF ALCOHOL, DRUGS OR OTHER INTOXICATING SUBSTANCES, OR FOR VEHICULAR MAN- 25 SLAUGHTER, TO PROVIDE FOR IMPOUNDMENT OR RENDERING THE VEHICLE INOPERABLE 26 FOR THIRTY DAYS UPON CONVICTION OF CERTAIN OFFENSES AND TO PROVIDE FOR 27 FORFEITURE OF THE VEHICLE UPON A FELONY CONVICTION OF DRIVING UNDER THE 28 INFLUENCE OF ALCOHOL, DRUGS OR OTHER INTOXICATING SUBSTANCES, UPON A CON- 29 VICTION OF AGGRAVATED DRIVING UNDER THE INFLUENCE AND FOR CERTAIN VEHICU- 30 LAR MANSLAUGHTER OFFENSES; AMENDING SECTION 18-4007, IDAHO CODE, TO PRO- 31 VIDE FOR IMPOUNDMENT AND RENDERING THE VEHICLE INOPERABLE FOR THIRTY DAYS 32 FOR VEHICULAR MANSLAUGHTER WITHOUT GROSS NEGLIGENCE AND FOR FORFEITURE OF 33 THE VEHICLE FOR OTHER VEHICULAR MANSLAUGHTER OFFENSES; AMENDING SECTION 34 18-8004A, IDAHO CODE, TO PROVIDE FOR IMPOUNDMENT OR RENDERING THE VEHICLE 35 INOPERABLE FOR THIRTY DAYS UPON CERTAIN CONVICTIONS AND FOR FORFEITURE 36 UPON A CERTAIN CONVICTION UNDER THE SECTION AND TO MAKE TECHNICAL CORREC- 37 TIONS; AMENDING SECTION 18-8005, IDAHO CODE, TO REVISE PENALTIES, TO 38 INCREASE THE PERIOD OF SUSPENSION OF DRIVING PRIVILEGES, TO PROVIDE SEN- 39 TENCING ALTERNATIVES, TO PROVIDE FOR IMPOUNDMENT OR RENDERING THE VEHICLE 40 INOPERABLE FOR THIRTY DAYS FOR CERTAIN CONVICTIONS AND FOR FORFEITURE OF 41 THE VEHICLE FOR A FELONY CONVICTION OF DRIVING UNDER THE INFLUENCE OF 42 ALCOHOL, DRUGS OR OTHER INTOXICATING SUBSTANCES AND TO MAKE TECHNICAL COR- 43 RECTIONS; AMENDING SECTION 18-8006, IDAHO CODE, TO INCREASE THE MAXIMUM 44 FINE AND TO PROVIDE FOR FORFEITURE OF THE VEHICLE FOR A CONVICTION OF 45 AGGRAVATED DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR OTHER INTOXI- 46 CATING SUBSTANCES; AMENDING SECTION 18-113, IDAHO CODE, TO INCREASE THE 2 1 MAXIMUM FINE FOR A MISDEMEANOR; AND AMENDING CHAPTER 2, TITLE 20, IDAHO 2 CODE, BY THE ADDITION OF A NEW SECTION 20-250, IDAHO CODE, TO PROVIDE THAT 3 THE STATE BOARD OF CORRECTION SHALL ESTABLISH WORK CAMPS FOR PERSONS COM- 4 MITTED TO THE BOARD'S CUSTODY FOR DRIVING UNDER THE INFLUENCE OR OTHER 5 NONVIOLENT OFFENSES. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Chapter 14, Title 49, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION , to be 9 known and designated as Section 49-1431, Idaho Code, and to read as follows: 10 49-1431. SEIZURE AND IMPOUNDMENT OF VEHICLES -- NOTICE -- LENGTH OF 11 IMPOUNDMENT -- RELEASE OF VEHICLE. (1) If a peace officer arrests or cites the 12 operator of a vehicle for an offense for which impoundment of a vehicle is 13 required under the provisions of section 49-1433, Idaho Code, the officer 14 shall impound the vehicle and remove it to a place of safety. 15 (2) The vehicle shall remain impounded until released to the registered 16 owner as provided in subsections (4) and (5) of this section. 17 (3) The governmental agency impounding the vehicle shall give notice of 18 the impoundment to the registered owner of the vehicle at the address indi- 19 cated in the records of the Idaho transportation department or a similar 20 department of another state if the records are maintained in that state. The 21 notice shall: 22 (a) State the date, time and place of impoundment, the name of the person 23 operating the vehicle at the time of impoundment, if applicable, the rea- 24 son for impoundment and the name of the place where the vehicle is stored; 25 (b) State that the registered owner is responsible for payment of towing, 26 impound and any storage fees charged against the vehicle; and 27 (c) Inform the registered owner of the requirements for release of the 28 vehicle, as provided in subsection (5) of this section. 29 (4) (a) If the operator is also the registered owner of the vehicle and 30 the owner/operator is found guilty of or pleads guilty to the offense for 31 which the vehicle was impounded, the sentencing court shall order that the 32 vehicle remain impounded if not previously released or direct the law 33 enforcement agency of the county or city of the person's residence to: 34 (i) Move the vehicle from the place of impoundment and render it 35 inoperable in a manner directed by the court at the owner/operator's 36 residence or such other place designated by the court; or 37 (ii) Seize and impound the vehicle; or 38 (iii) Render the vehicle inoperable in the manner designated by the 39 court at the owner/operator's residence or such other place desig- 40 nated by the court; 41 for a period of not less than thirty (30) days, not including any previous 42 period of impoundment. In its order the court shall specify the date on 43 which the vehicle may be released or again rendered operable, subject to 44 the owner/operator's compliance with the conditions for release provided 45 in subsection (5) of this section. 46 The vehicle may be rendered inoperable by booting, locking the steer- 47 ing wheel or such other reasonable means as the court may order. 48 (b) If the vehicle is subject to forfeiture as provided in section 49 49-1433, Idaho Code, the court shall order that the vehicle remain 50 impounded or rendered inoperable until forfeiture proceedings have been 51 initiated under the provisions of section 49-1432, Idaho Code. 52 (c) The owner/operator is responsible for all costs associated with 3 1 actions taken pursuant to the provisions of paragraphs (a) and (b) of this 2 subsection. 3 (d) The provisions of this subsection (4) shall apply to the vehicle even 4 if the vehicle is subject to joint ownership or is the only vehicle rea- 5 sonably available to the spouse of the owner/operator; provided however, 6 that upon application to the court having jurisdiction of the underlying 7 criminal offense, the joint owner or spouse of the owner/operator may be 8 allowed the use of the vehicle if the person is otherwise authorized to 9 drive a vehicle and the court determines that deprivation of the vehicle 10 would constitute an extreme hardship to the innocent party. The court may 11 impose such other conditions or restrictions as it deems appropriate in 12 the circumstances. 13 (e) If the vehicle has not been released prior to the disposition of the 14 charges against the owner/operator and the charges for which the vehicle 15 was impounded are dismissed or the owner/operator is found not guilty of 16 those charges, or the owner/operator pleads guilty to or is found guilty 17 of an offense for which impoundment is not permitted, the vehicle shall be 18 released to the owner/operator upon compliance with the provisions of sub- 19 section (5) of this section. If the original charges against the 20 owner/operator would require forfeiture of the vehicle under the provi- 21 sions of section 49-1433, Idaho Code, and the owner/operator pleads guilty 22 to a lesser offense to which the thirty (30) day period provided for in 23 subsection (4)(a) of this section would apply, the vehicle shall be 24 ordered impounded or otherwise rendered inoperable for such period. 25 (5) Except as otherwise provided in subsection (4) of this section, the 26 impounded vehicle shall be released to the registered owner or agent of an 27 owner if the person: 28 (a) Makes a claim in person for release of the vehicle; 29 (b) Pays an impound fee of twenty-five dollars ($25.00); 30 (c) Pays all towing and storage fees and provides proof of payment as 31 required by the governmental agency; 32 (d) Presents proof of ownership of the impounded vehicle; 33 (e) Presents a certificate of liability insurance or other proof of 34 financial responsibility as required by Idaho law; and 35 (f) Presents a valid driver's license. 36 (6) Notwithstanding the provisions of section 19-4705, Idaho Code, to the 37 contrary, the impound fees provided in subsection (5)(b) of this section shall 38 be retained by the governmental agency impounding the vehicle to defray the 39 costs of the impoundment. 40 (7) Upon the payment of all fees and charges required to be paid for 41 release of the vehicle, the registered owner of the vehicle shall have a cause 42 of action against the operator of the vehicle whose actions caused the 43 impoundment for all such fees and charges, together with damages, court costs 44 and attorney fees. 45 (8) Liability may not be imposed upon any peace officer or governmental 46 agency on account of the enforcement of this section. 47 (9) For purposes of sections 49-1431 through 49-1433, Idaho Code, 48 "governmental agency" means the state of Idaho, a county or a municipality. 49 SECTION 2. That Chapter 14, Title 49, Idaho Code, be, and the same is 50 hereby amended by the addition thereto of a NEW SECTION , to be 51 known and designated as Section 49-1432, Idaho Code, and to read as follows: 52 49-1432. FORFEITURE OF VEHICLE -- PROCEDURE. (1) An impounded vehicle 53 shall be subject to forfeiture under the provisions of this section: 4 1 (a) If the vehicle is not claimed by a registered owner other than the 2 operator of the vehicle at the time of impoundment, within sixty (60) days 3 after notice of the impoundment pursuant to section 49-1431, Idaho Code; 4 (b) If the vehicle is not claimed by a registered owner who was the oper- 5 ator of the vehicle at the time of impoundment within sixty (60) days 6 after the vehicle is released by the court pursuant to section 49-1431(4), 7 Idaho Code; 8 (c) If the Idaho transportation department or the governmental agency is 9 unable to determine the owner of the vehicle through reasonable efforts 10 and the vehicle has remained impounded for sixty (60) days or more; or 11 (d) If the vehicle is otherwise subject to forfeiture as provided in sec- 12 tion 49-1333, Idaho Code. 13 (2) Vehicles subject to forfeiture as provided in this section shall not 14 be subject to replevin, but shall be deemed to be in the custody of the prose- 15 cuting attorney of the county in which the vehicle is impounded, subject only 16 to the orders and decrees of the district court, or magistrate's division 17 thereof, having jurisdiction over the forfeiture proceedings. Proceedings to 18 forfeit a vehicle hereunder shall be civil actions against the property and 19 the standard of proof shall be preponderance of the evidence. The proceedings 20 shall be governed by the Idaho rules of civil procedure. 21 (3) Forfeiture proceedings shall be filed in the district court of the 22 county where the vehicle was impounded. The court may order the vehicle for- 23 feited to the appropriate prosecuting attorney upon a determination that one 24 (1) of the conditions provided in subsection (1) of this section exists and 25 all notices required to be sent to the registered owner under section 49-1431, 26 Idaho Code, and this section have been sent. 27 (4) (a) Notice of any forfeiture proceedings shall be given to each owner 28 or party in interest who has a right, title or interest in the vehicle, as 29 determined by the records of the Idaho transportation department or a sim- 30 ilar department of another state if the records are maintained in that 31 state, by service of a copy of the complaint and summons by one (1) of the 32 following methods: 33 (i) Upon each owner or party in interest by mailing a copy of the 34 complaint and summons by certified mail to the address as given upon 35 the records of the department; or 36 (ii) Upon each owner or party in interest whose name and address is 37 known, by mailing a copy of the notice by registered mail to the last 38 known address. 39 (b) Within twenty (20) days after the mailing of the notice, the owner of 40 the vehicle or party in interest may file a verified answer and claim to 41 the property described in the complaint. 42 (5) If at the end of twenty (20) days after the notice has been mailed 43 there is no verified answer on file, the court shall hear evidence supporting 44 the forfeiture of the vehicle and shall order the property forfeited if the 45 plaintiff's burden has been met. 46 (6) If a verified answer is filed, the forfeiture proceedings shall be 47 set for trial before the court without a jury or with a jury, if a jury trial 48 is requested as provided in the Idaho rules of civil procedure. A forfeiture 49 proceeding commenced under the provisions of this subsection shall have prior- 50 ity over other civil cases. 51 (7) At the hearing, any owner having a verified answer on file may show 52 by competent evidence that his interest in the vehicle is not subject to for- 53 feiture. If the court finds that the property is not subject to forfeiture, 54 the court shall order the property released to the owner as his right, title 55 or interest appeared at the time of the impoundment on records of the appro- 5 1 priate department. Upon proof of a valid interest in the vehicle by a co-owner 2 or claimant of any right, title or interest in the vehicle, whether under a 3 lien, mortgage, conditional sales contract or otherwise, the court may order 4 the vehicle released to the bona fide or innocent owner or co-owner, lien- 5 holder, mortgagee or conditional sales vendor. 6 (8) If the amount due to any bona fide or innocent owner or co-owner, 7 lienholder, mortgagee or conditional sales vendor is less than the value of 8 the vehicle, it may be sold at public auction. Notice of the sale shall be 9 published in at least one (1) publication of the official newspaper of the 10 locality in which the vehicle is to be sold at least one (1) week prior to the 11 sale. The proceeds from the sale shall be distributed in the following order: 12 (a) To the bona fide or innocent owner or co-owner, lienholder, mortgagee 13 or conditional sales vendor of the vehicle, if any, up to the value of his 14 interest in the vehicle; 15 (b) The balance to the governmental agency whose law enforcement officer 16 impounded the vehicle for all expenditures made or incurred in connection 17 with the impoundment of the vehicle, and all expenditures made or incurred 18 in connection with the forfeiture proceedings and the sale of the vehicle; 19 (c) The remainder, if any, shall be retained by the governmental agency 20 whose peace officer impounded the vehicle. 21 (9) Notwithstanding any other provision of this section, upon being sat- 22 isfied that the interest of a co-owner or claimant should not be subject to 23 forfeiture because they neither knew nor should have known that the personal 24 property was being used or had been used for the purposes alleged, or that due 25 to preexisting security interests in the property there is no equity which may 26 be forfeited, the attorney general or appropriate prosecuting attorney, with 27 authorization of the court, may release the property to the co-owner, holder 28 of the security interest or other claimant. 29 SECTION 3. That Chapter 14, Title 49, Idaho Code, be, and the same is 30 hereby amended by the addition thereto of a NEW SECTION , to be 31 known and designated as Section 49-1433, Idaho Code, and to read as follows: 32 49-1433. OFFENSES FOR WHICH VEHICLE MAY BE IMPOUNDED -- FORFEITURE FOR 33 CERTAIN OFFENSES. (1) A motor vehicle shall be impounded at the time of cita- 34 tion or arrest for a violation of section 18-8004(1)(a), (b) or (d), 18-8006, 35 or 18-4006 3., Idaho Code. If the operator of the vehicle at the time of 36 arrest or citation is the registered owner of the vehicle, the vehicle shall 37 be subject to impoundment or being rendered inoperable for thirty (30) days 38 under the provisions of section 49-1431, Idaho Code, if the operator is con- 39 victed of any of the following offenses: 40 (a) Section 18-8004(1)(a), (b) or (d), Idaho Code, (driving under the 41 influence of alcohol, drugs or other intoxicating substances); or 42 (b) Section 18-8006, Idaho Code, (aggravated driving under the influence 43 of alcohol, drugs, or other intoxicating substances); or 44 (c) Section 18-4006 3.(c), Idaho Code, (vehicular manslaughter not 45 amounting to a felony, without gross negligence). 46 (2) If the operator of the vehicle is the registered owner of the vehi- 47 cle, the vehicle shall be subject to forfeiture under the provisions of sec- 48 tion 49-1432, Idaho Code, if the operator is convicted of any of the following 49 offenses: 50 (a) A felony conviction of driving under the influence of alcohol, drugs 51 or other intoxicating substances for which penalties are imposed pursuant 52 to section 18-8005(5), Idaho Code; or 53 (b) A conviction of aggravated driving under the influence of alcohol, 6 1 drugs or other intoxicating substances pursuant to section 18-8006, Idaho 2 Code; or 3 (c) A conviction of vehicular manslaughter, as provided in section 4 18-4006 3.(a) or 3.(b), Idaho Code. 5 SECTION 4. That Section 18-4007, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 18-4007. PUNISHMENT FOR MANSLAUGHTER. Manslaughter is punishable as fol- 8 lows: 9 1. Voluntary -- by a fine of not more than fifteen thousand dollars 10 ($15,000), or by a sentence to the custody of the state board of correction 11 not exceeding fifteen (15) years, or by both such fine and imprisonment. 12 2. Involuntary -- by a fine of not more than ten thousand dollars 13 ($10,000), or by a sentence to the custody of the state board of correction 14 not exceeding ten (10) years, or by both such fine and imprisonment. 15 3. Vehicular -- in the operation of a motor vehicle: 16 (a) For a violation of section 18-4006 3.(a) or (b), Idaho Code, by a 17 fine of not more than ten thousand dollars ($10,000), or by a sentence to 18 the custody of the state board of correction not exceeding ten (10) years, 19 or by both such fine and imprisonment. If the person is the regis- 20 tered owner of the vehicle being operated at the time of the offense for 21 which penalties are imposed under the provisions of this subsection 3.(a), 22 the vehicle shall be seized and impounded and forfeited as provided in 23 sections 49-1431 through 49-1433, Idaho Code. 24 (b) For a violation of section 18-4006 3.(c), Idaho Code, by a fine of 25 not more than two thousand dollars ($2,000), or by a jail sentence not 26 exceeding one (1) year, or by both such fine and jail sentence. If 27 the person is the registered owner of the vehicle being operated at the 28 time of the offense for which penalties are imposed under the provisions 29 of this subsection 3.(b), the vehicle shall be impounded or rendered inop- 30 erable for a period of thirty (30) days, as provided in sections 49-1431 31 and 49-1433, Idaho Code. 32 (c) In addition to the foregoing, any person convicted of a violation of 33 section 18-4006 3., Idaho Code, which resulted in the death of the parent 34 or parents of minor children may be ordered by the court to pay support 35 for each such minor child until the child reaches the age of eighteen 36 (18). Support shall be established in accordance with the child support 37 guidelines then in effect, and the nonpayment of such support shall be 38 subject to enforcement and collection by the surviving parent or guardian 39 of the child in the same manner that other child support orders are 40 enforced as provided by law. In no event shall the child support judgment 41 or order imposed by the court under this section be paid or indemnified by 42 the proceeds of any liability insurance policy. 43 (d) In addition to the foregoing, the driver's license of any person con- 44 victed of a violation of section 18-4006 3., Idaho Code, may be suspended 45 for a time determined by the court. 46 SECTION 5. That Section 18-8004A, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 18-8004A. PENALTIES -- PERSONS UNDER 21 WITH LESS THAN 0.08 ALCOHOL CON- 49 CENTRATION. (1) Any person found guilty of a violation of subsection (1)(d) of 50 section 18-8004, Idaho Code, shall be guilty of a misdemeanor; and, for a 51 first offense: 7 1 (a) Shall be fined an amount not to exceed one thousand dollars ($1,000); 2 (b) Shall have his driving privileges suspended by the court for a period 3 of one (1) year, ninety (90) days of which shall not be reduced and dur- 4 ing which period absolutely no driving privileges of any kind may be 5 granted. After the period of absolute suspension of driving privileges 6 has passed, the defendant may request restricted driving privileges which 7 the court may allow, if the defendant shows by a preponderance of the evi- 8 dence that driving privileges are necessary as deemed appropriate by the 9 court.; 10 (c) Shall be advised by the court in writing at the time of sentencing of 11 the penalties that will be imposed for any subsequent violation of the 12 provisions of this section or any violation of section 18-8004, Idaho 13 Code, which advice shall be signed by the defendant, and a copy retained 14 by the court and another copy retained by the prosecuting attorney.15; 16 (d) If the person was the registered owner of the vehicle being 17 operated at the time of the offense for which penalties are imposed under 18 the provisions of this subsection, the vehicle shall be impounded or 19 otherwise rendered inoperable for a period of thirty (30) days, as pro- 20 vided in sections 49-1431 and 49-1433, Idaho Code; 21 (e) Shall be required to undergo an alcohol evaluation and other- 22 wise comply with the requirements of sections 18-8005(9) and 18-8005(12), 23 Idaho Code, as ordered by the court. 24 (2) Any person who pleads guilty to or is found guilty of a violation of 25 the provisions of subsection (1)(d) of section 18-8004, Idaho Code, who previ- 26 ously has been found guilty of or has pled guilty to a violation of section 27 18-8004(1)(d), Idaho Code, or any substantially conforming foreign criminal 28 violation, as defined in section 18-8005(8), Idaho Code, notwithstanding the 29 form of the judgment or withheld judgment, is guilty of a misdemeanor; and 30 (a) Shall be fined an amount of not less than five hundred dollars ($500) 31 nor more than two thousand dollars ($2,000); 32 (b) Shall have his driving privileges suspended by the court for a period 33 not to exceed two (2) years, one hundred eighty (180) days of which shall 34 be absolute and shall not be reduced and during which period absolutely no 35 driving privileges of any kind may be granted; 36 (c) Shall be advised by the court in writing at the time of sentencing of 37 the penalties that will be imposed for subsequent violations of the provi- 38 sions of this section or section 18-8004, Idaho Code, which advice shall 39 be signed by the defendant, and a copy retained by the court and another 40 copy retained by the prosecuting attorney; 41 (d) Shall undergo an alcohol evaluation and comply with the other 42 requirements of subsections (9) and (12) of section 18-8005, Idaho 43 Code ; 44 (e) If the person was the registered owner of the vehicle being operated 45 at the time of the offense for which penalties are imposed under the pro- 46 visions of this subsection, the vehicle shall be impounded or otherwise 47 rendered inoperable for a period of thirty (30) days, as provided in sec- 48 tions 49-1431 and 49-1433, Idaho Code . 49 (3) Any person who pleads guilty to or is found guilty of a violation of 50 the provisions of subsection (1)(d) of section 18-8004, Idaho Code, who previ- 51 ously has been found guilty of or has pled guilty to two (2) or more viola- 52 tions of the provisions of section 18-8004(1)(d), Idaho Code, or any substan- 53 tially conforming foreign criminal violation, within five (5) years, notwith- 54 standing the form of the judgment or withheld judgment, shall be guilty of a 55 misdemeanor; and 8 1 (a) May be sentenced to jail for not to exceed six (6) months; 2 (b) Shall be fined an amount of not less than one thousand dollars 3 ($1,000) nor more than two thousand dollars ($2,000); 4 (c) Shall surrender his driver's license or permit to the court; and 5 (d) Shall have his driving privileges suspended by the court for a manda- 6 tory minimum period of one (1) year, during which period absolutely no 7 driving privileges of any kind may be granted, or until such person 8 reaches the age of twenty-one (21), whichever is greater;and9 (e) Shall undergo an alcohol evaluation and comply with all other 10 requirements imposed by the court pursuant to sections 18-8005(9) and 11 18-8005(12), Idaho Code ; and 12 (f) If the person was the registered owner of the vehicle being operated 13 at the time of the offense for which penalties are imposed under the pro- 14 visions of this subsection, the vehicle shall be seized and impounded and 15 forfeited, as provided in sections 49-1431 through 49-1433, Idaho Code 16 . 17 (4) All provisions of section 18-8005, Idaho Code, not otherwise in con- 18 flict with or provided for in this section shall apply to any sentencing 19 imposed under the provisions of this section. 20 (5) A person violating the provisions of section 18-8004(1)(d), Idaho 21 Code, may be prosecuted under chapter 5, title162220 , Idaho Code. 23 SECTION 6. That Section 18-8005, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 18-8005. PENALTIES. (1) Any person who pleads guilty to or is found 26 guilty of a violation of the provisions of section 18-8004(1)(a) or (5), Idaho 27 Code, for the first time is guilty of a misdemeanor; and, except as provided 28 in section 18-8004C, Idaho Code: 29 (a) May be sentenced to jail for not to exceed six (6) months; 30 (b) May be fined an amount not to exceed one thousand dollars ($1,000); 31 (c) Shall be advised by the court in writing at the time of sentencing of 32 the penalties that will be imposed for subsequent violations of the provi- 33 sions of section 18-8004, Idaho Code, which advice shall be signed by the 34 defendant, and a copy retained by the court and another copy retained by 35 the prosecuting attorney;and36 (d) Shall have his driving privileges suspended by the court for a period 37 ofthirty (30)ninety (90) days which shall not 38 be reduced and during whichthirty (30)ninety (90) 39 day period absolutely no driving privileges of any kind may be 40 granted. After thethirty (30)ninety (90) day 41 period of absolute suspension of driving privileges has passed, the 42 defendant shall have driving privileges suspended by the court for an 43 additional period of at least sixty (60) days, not to exceed one hundred 44 fifty (150) days during which the defendant may request restricted driving 45 privileges which the court may allow, if the defendant shows by a prepon- 46 derance of the evidence that driving privileges are necessary for his 47 employment or for family health needs ; 48 (e) Shall undergo substance abuse counseling for a period of time as 49 determined necessary by the court; and 50 (f) If the person was the registered owner of the vehicle being operated 51 at the time of the offense for which penalties are imposed under the pro- 52 visions of this subsection, the vehicle shall be impounded or otherwise 53 rendered inoperable for a period of thirty (30) days, as provided in sec- 9 1 tions 49-1431 and 49-1433, Idaho Code . 2 (2) Any person who pleads guilty to or is found guilty of a violation of 3 the provisions of section 18-8004(1)(b), Idaho Code, for the first time is 4 guilty of a misdemeanor and subject to: 5 (a) The provisions of section 18-8005(1), Idaho Code; and 6 (b) The provisions of section 49-335, Idaho Code. 7 (3) Any person who pleads guilty to or is found guilty of a violation of 8 the provisions of section 18-8004(1)(c), Idaho Code, for the first time, is 9 guilty of a misdemeanor and is subject to: 10 (a) The provisions of section 18-8005(1), Idaho Code; and 11 (b) The provisions of section 49-335, Idaho Code. 12 (4) Any person who pleads guilty to or is found guilty of a violation of 13 the provisions of section 18-8004(1)(a), (b) or (c), Idaho Code, who previ- 14 ously has been found guilty of or has pled guilty to a violation of the provi- 15 sions of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially 16 conforming foreign criminal violation within five (5) years, notwithstanding 17 the form of the judgment(s) or withheld judgment(s), and except as provided in 18 section 18-8004C, Idaho Code, is guilty of a misdemeanor; and, except as pro- 19 vided in section 18-8004C, Idaho Code: 20 (a) Shall be sentenced to jail for a mandatory minimum period of not less 21 than ten (10) days the first forty-eight (48) hours of which must be con- 22 secutive, and may be sentenced to not more than one (1) year, provided 23 however, that in the discretion of the sentencing judge, the judge may 24 authorize the defendant to be assigned to a work detail program within the 25 custody of the county sheriff or state board of correction or be 26 under house arrest with electronic monitoring during the period of 27 incarceration; 28 (b) May be fined an amount not to exceed two thousand dollars ($2,000); 29 (c) Shall be advised by the court in writing at the time of sentencing, 30 of the penalties that will be imposed for subsequent violations of the 31 provisions of section 18-8004, Idaho Code, which advice shall be signed by 32 the defendant, and a copy retained by the court and another copy retained 33 by the prosecuting attorney; 34 (d) Shall surrender his driver's license or permit to the court; 35 (e) Shall have his driving privileges suspended by the court for an addi- 36 tional mandatory minimum period of one (1) year after release from con- 37 finement, during which one (1) year period absolutely no driving privi- 38 leges of any kind may be granted;and39 (f) Shall undergo substance abuse counseling for a period of time 40 as determined necessary by the court; and 41 (g) If the person was the registered owner of the vehicle being operated 42 at the time of the offense for which penalties are imposed under the pro- 43 visions of this subsection, the vehicle shall be impounded or otherwise 44 rendered inoperable for a period of thirty (30) days, as provided in sec- 45 tions 49-1431 and 49-1433, Idaho Code; and 46 (h) If the person has pled guilty or was found guilty for the sec- 47 ond time within five (5) years of a violation of the provisions of section 48 18-8004(1)(b) or (c), Idaho Code, then the provisions of section 49-335, 49 Idaho Code, shall apply. 50 (5) Except as provided in section 18-8004C, Idaho Code, any person who 51 pleads guilty to or is found guilty of a violation of the provisions of sec- 52 tion 18-8004(1)(a), (b) or (c), Idaho Code, who previously has been found 53 guilty of or has pled guilty to two (2) or more violations of the provisions 54 of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially con- 55 forming foreign criminal violation, or any combination thereof, within five 10 1 (5) years, notwithstanding the form of the judgment(s) or withheld 2 judgment(s), shall be guilty of afelonymisdemeanor 3 ; and 4 (a) Shall besentenced to the custody of the state board of correc-5tion for not to exceed five (5) years; provided that notwithstanding the6provisions of section 19-2601, Idaho Code, should the court impose any7sentence other than incarceration in the state penitentiary, the defendant8shall besentenced to the county jail for a mandatory minimum 9 period of not less than thirty (30) days, the first forty-eight (48) hours 10 of which must be consecutive or may be sentenced to the work camp 11 program of the board of correction pursuant to section 20-250, Idaho Code, 12 for a period of time of not less than six (6) months, and may be subject 13 to house arrest with electronic monitoring following the work camp stay 14 for a period of time not to exceed three (3) years ;and fur-15ther provided that notwithstanding the provisions of section 18-111, Idaho16Code, a conviction under this section shall be deemed a felony;17 (b) May be fined an amount not to exceedfivefifteen 18 thousand dollars ($ 1 5,000); 19 (c) Shall surrender his driver's license or permit to the court;20and21 (d) Shall have his driving privileges suspended by the court for a manda- 22 tory minimum period ofone (1)three (3) 23 year s after release fromimprisonment,24 incarceration and may have his driving privileges suspended by the 25 court for not to exceed five (5) years after release fromimprison-26ment,incarceration during which time he shall have 27 absolutely no driving privileges of any kind ; 28 (e) Shall undergo substance abuse counseling for a period of time to be 29 determined by the court; and 30 (f) With respect to a violation of section 18-8004(1)(a), Idaho Code, if 31 the person was the registered owner of the vehicle being operated at the 32 time of the offense for which penalties are imposed under this subsection, 33 the vehicle shall be seized and impounded and forfeited, as provided in 34 sections 49-1431 through 49-1433, Idaho Code . 35 (6) For the purpose of computation of the enhancement period in subsec- 36 tions (4), (5) and (7) of this section, the time that elapses between the date 37 of commission of the offense and the date the defendant pleads guilty or is 38 found guilty for the pending offense shall be excluded. If the determination 39 of guilt against the defendant is reversed upon appeal, the time that elapsed 40 between the date of the commission of the offense and the date the defendant 41 pleads guilty or is found guilty following the appeal shall also be excluded. 42 (7) Notwithstanding the provisions of subsections (4) and (5) of this 43 section, any person who has pled guilty or has been found guilty of a felony 44 violation of the provisions of section 18-8004, Idaho Code, a felony violation 45 of the provisions of section 18-8004C, Idaho Code, a violation of the provi- 46 sions of section 18-8006, Idaho Code, or a violation of the provisions of sec- 47 tion 18-4006 3.(b), Idaho Code, and within ten (10) years pleads guilty or is 48 found guilty of a further violation of the provisions of section 18-8004, 49 Idaho Code, shall be guilty of a felony and shall be sentenced pursuant to 50 subsection (5) of this section. 51 (8) For the purpose of subsections (4) and (5) of this section and the 52 provisions of section 18-8004C, Idaho Code, a substantially conforming foreign 53 criminal violation exists when a person has pled guilty to or has been found 54 guilty of a violation of any federal law or law of another state, or any valid 55 county, city, or town ordinance of another state substantially conforming to 11 1 the provisions of section 18-8004, Idaho Code. The determination of whether a 2 foreign criminal violation is substantially conforming is a question of law to 3 be determined by the court. 4 (9) Any person who pleads guilty to or is found guilty of a violation of 5 the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code, shall 6 undergo, at his own expense, (or at county expense through the procedures set 7 forth in chapters 34 and 35, title 31, Idaho Code,) and prior to the sentenc- 8 ing date, an alcohol evaluation by an alcohol evaluation facility approved by 9 the Idaho department of health and welfare. In the event the alcohol evalua- 10 tion indicates the need for alcohol treatment, the evaluation shall contain a 11 recommendation by the evaluator as to the most appropriate treatment program, 12 together with the estimated cost thereof, and recommendations for other suit- 13 able alternative treatment programs, together with the estimated costs 14 thereof. The person shall request that a copy of the completed evaluation be 15 forwarded to the court. The court shall take the evaluation into consideration 16 in determining an appropriate sentence. If a copy of the completed evaluation 17 has not been provided to the court, the court may proceed to sentence the 18 defendant; however, in such event, it shall be presumed that alcohol treatment 19 is required unless the defendant makes a showing by a preponderance of evi- 20 dence that treatment is not required. If the defendant has not made a good 21 faith effort to provide the completed copy of the evaluation to the court, the 22 court may consider the failure of the defendant to provide the report as an 23 aggravating circumstance in determining an appropriate sentence. If treatment 24 is ordered, in no event shall the person or facility doing the evaluation be 25 the person or facility that provides the treatment unless this requirement is 26 waived by the sentencing court, with the exception of federally recognized 27 Indian tribes or federal military installations, where diagnosis and treatment 28 are appropriate and available. Nothing herein contained shall preclude the use 29 of funds authorized pursuant to the provisions of chapter 3, title 39, Idaho 30 Code, for court-ordered alcohol treatment for indigent defendants. 31 (10) At the time of sentencing, the court shall be provided with the fol- 32 lowing information: 33 (a) The results, if administered, of any evidentiary test for alcohol 34 and/or drugs; 35 (b) A computer or teletype or other acceptable copy of the person's driv- 36 ing record; 37 (c) Information as to whether the defendant has pled guilty to or been 38 found guilty of a violation of the provisions of section 39 18-8004, 18-8004C or 18-8006, Idaho Code, or a similar offense within the 40 past five (5) years, notwithstanding the form of the judgment(s) or with- 41 held judgment(s); and 42 (d) The alcohol evaluation required in subsection (9) of this section, if 43 any. 44 (11) A minor may be prosecuted for a violation of the provisions of sec- 45 tion 18-8004 or 18-8004C, Idaho Code, under chapter 5, title 461620 , Idaho Code. In addition to any other penalty, 47 if a minor pleads guilty to or is found guilty of a violation of the provi- 48 sions of section 18-8004(1)(a), (b) or (c) or 18-8004C, Idaho Code, he shall 49 have his driving privileges suspended or denied for an additional one (1) year 50 following the end of any period of suspension or revocation existing at the 51 time of the violation, or until he reaches the age of twenty-one (21) years, 52 whichever period is greater. During the period of additional suspension or 53 denial, absolutely no driving privileges shall be allowed. 54 (12) In the event that the alcohol evaluation required in subsection (9) 55 of this section recommends alcohol treatment, the court shall order the person 12 1 to complete a treatment program in addition to any other sentence which may be 2 imposed, unless the court determines that alcohol treatment would be inappro- 3 priate or undesirable, in which event, the court shall enter findings articu- 4 lating the reasons for such determination on the record. The court shall 5 order the defendant to complete the preferred treatment program set forth in 6 the evaluation, or a comparable alternative, unless it appears that the 7 defendant cannot reasonably obtain adequate financial resources for such 8 treatment. In that event, the court may order the defendant to complete a less 9 costly alternative set forth in the evaluation, or a comparable program. Such 10 treatment shall, to the greatest extent possible, be at the expense of the 11 defendant. In the event that funding is provided for or on behalf of the 12 defendant by an entity of state government, restitution shall be ordered to 13 such governmental entity in accordance with the restitution procedure for 14 crime victims, as specified under chapter 53, title 19, Idaho Code. Nothing 15 contained herein shall be construed as requiring a court to order that a gov- 16 ernmental entity shall provide alcohol treatment at government expense unless 17 otherwise required by law. 18 (13) Any person who is disqualified shall not be granted restricted driv- 19 ing privileges to operate a commercial motor vehicle. 20 SECTION 7. That Section 18-8006, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 18-8006. AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS 23 OR ANY OTHER INTOXICATING SUBSTANCES. (1) Any person causing great bodily 24 harm, permanent disability or permanent disfigurement to any person other than 25 himself in committing a violation of the provisions of section 18-8004(1)(a) 26 or (1)(c), Idaho Code, is guilty of a felony, and upon conviction: 27 (a) Shall be sentenced to the state board of correction for not to exceed 28 five (5) years, provided that notwithstanding the provisions of section 29 19-2601, Idaho Code, should the court impose any sentence other than 30 incarceration in the state penitentiary, the defendant shall be sentenced 31 to the county jail for a mandatory minimum period of not less than thirty 32 (30) days, the first forty-eight (48) hours of which must be consecutive; 33 and further provided that notwithstanding the provisions of section 34 18-111, Idaho Code, a conviction under this section shall be deemed a fel- 35 ony; 36 (b) May be fined an amount not to exceedfivetwenty 37 thousand dollars ($520 ,000); 38 (c) Shall surrender his driver's license or permit to the court;39and40 (d) Shall have his driving privileges suspended by the court for a manda- 41 tory minimum period of one (1) year after release from imprisonment, and 42 may have his driving privileges suspended by the court for not to exceed 43 five (5) years after release from imprisonment, during which time he shall 44 have absolutely no driving privileges of any kind;and45 (e) Shall be ordered by the court to pay restitution in accordance with 46 chapter 53, title 19, Idaho Code ; and 47 (f) If the person was the registered owner of the vehicle being operated 48 at the time of the offense for which penalties are imposed under the pro- 49 visions of this subsection, the vehicle shall be seized and impounded and 50 forfeited, as provided in sections 49-1431 through 49-1433, Idaho Code 51 . 52 (2) Notwithstanding any other provision of law, any evidence of convic- 53 tion under this section shall be admissible in any civil action for damages 13 1 resulting from the occurrence. A conviction for the purposes of this section 2 means that the person has pled guilty or has been found guilty, notwithstand- 3 ing the form of the judgment(s) or withheld judgment(s). 4 SECTION 8. That Section 18-113, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 18-113. PUNISHMENT FOR MISDEMEANOR. (1) Except in cases where a different 7 punishment is prescribed in this code, every offense declared to be a misde- 8 meanor, is punishable by imprisonment in a county jail not exceeding six (6) 9 months, or by a fine not exceedingthree hundredfifteen 10 thousand dollars ($315,0 00), or by both. 11 (2) In addition to any other punishment prescribed for misdemeanors in 12 specific statutes of the Idaho Code, the court may also impose a fine of up to 13three hundredfifteen thousand dollars ($31415,0 00). This paragraph shall not apply if the specific 15 misdemeanor statute provides for the imposition of a fine. 16 SECTION 9. That Chapter 2, Title 20, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION , to be 18 known and designated as Section 20-250, Idaho Code, and to read as follows: 19 20-250. WORK CAMP FOR PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE 20 AND OTHER NONVIOLENT OFFENSES. The board of correction shall establish work 21 camps for persons committed to the board's custody by a court for driving 22 under the influence or other nonviolent crimes. The camps established by the 23 board shall promote physical fitness, positive self-esteem, enhance literacy 24 if the committed person has a problem, provide substance abuse counseling if 25 the court so deems and provide public service work projects for persons com- 26 mitted and is not intended to be a penitentiary setting.
STATEMENT OF PURPOSE
RS07 607
This legislation provides procedures for increased
misdemeanor fines, vehicle impoundment and suspension of
driving privileges, and for felony convictions, increased
penalties, including vehicle forfeiture, for persons
convicted of driving under the influence of alcohol, drugs
or other intoxicating substances, amending Chapter 14,
Title 49, Idaho Code.
This bill balances the cost of prison incarceration against
that of financial penalties, work camp alternatives, home
electronic surveillance, and intensive professional
counseling and treatment. It provides for notice of 30 days
vehicular impoundment to the registered owner in first and
second offenses, with the driver license suspension for 90
days plus increased financial penalties for more severe
cases. For those convicted of third time offenses for
aggravated drunk driving or vehicular manslaughter, there
will be additional penalties including forfeiture of the
vehicle.
Provision is made for alternative sentencing including
work camps and increased treatment and counseling. The
legislation allows judges to consider extenuating
circumstances and some latitude in the penalties involved,
including hardship appeals by family members needing the
car. The aim of this bill is to reduce the State's
escalating prison costs without reducing offender
penalties or threatening the public safety.
FISCAL NOTE
As this legislation will balance prison costs against
commensurate alternatives, it can save the State an
estimated 15 million dollars a year. It also assures that
offenders and registered car owners are responsible for
related law enforcement costs attending the judicial
processes up to conviction.
CONTACT: Representative Maynard Miller
208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. H 592