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S1344aa,aa...........................................by JUDICIARY AND RULES
DRIVING WITHOUT PRIVILEGES - Amends existing law relating to driving
without privileges to authorize the court to approve assignment of a
defendant to a work release program during incarceration, to authorize
community service in lieu of jail or a combination of community service and
incarceration if the suspension resulting in a violation of the section
does not arise from specified offenses, to limit the period of absolute
suspension for a second offense and to provide for restricted driving
privileges, to provide that a third offense is a misdemeanor, to provide
for a term of imprisonment in the county jail for a third offense, to
provide sentencing options, to limit the period of absolute suspension for
a third offense and to provide restricted driving privileges, to specify
the offenses which will prevent a court from considering alternative
sentencing options and to require proof of liability insurance before
restricted driving privileges may be granted.
01/27 Senate intro - 1st rdg - to printing
01/28 Rpt prt - to Jud
02/12 Rpt out - to 14th Ord
02/13 Rpt out amen - to engros
02/16 Rpt engros - 1st rdg - to 2nd rdg as amen
02/17 2nd rdg as amen - to 14th Ord
02/19 Rpt out amen - to engros
02/20 Rpt engros - 1st rdg - to 2nd rdg as amen
02/23 2nd rdg - to 3rd rdg as amen
02/27 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Diede, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS -- None
Absent and excused -- None
Floor Sponsor - King
Title apvd - to House
03/02 House intro - 1st rdg as amen - to Jud
03/12 Rpt out - rec d/p - to 2nd rdg as amen
03/13 2nd rdg - to 3rd rdg as amen
03/16 3rd rdg as amen - PASSED - 68-1-1
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Miller, Mortensen, Pischner, Pomeroy, Reynolds,
Richman, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone,
Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- Ridinger
Absent and excused -- Newcomb
Floor Sponsor - Kjellander
Title apvd - to Senate
03/16 To enrol
03/18 Rpt enrol - Pres signed
03/19 Sp signed - to Governor
03/24 Governor signed
Session Law Chapter 325
Effective: 07/01/98
S1344|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1344, As Amended, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO DRIVING WITHOUT PRIVILEGES; AMENDING SECTION 18-8001, IDAHO CODE, 3 TO AUTHORIZE THE COURT TO APPROVE ASSIGNMENT OF A DEFENDANT TO A WORK 4 RELEASE PROGRAM DURING INCARCERATION, TO AUTHORIZE COMMUNITY SERVICE IN 5 LIEU OF JAIL OR A COMBINATION OF COMMUNITY SERVICE AND INCARCERATION IF 6 THE SUSPENSION RESULTING IN A VIOLATION OF THE SECTION DOES NOT ARISE FROM 7 SPECIFIED OFFENSES, TO LIMIT THE PERIOD OF ABSOLUTE SUSPENSION FOR A SEC- 8 OND OFFENSE AND TO PROVIDE FOR RESTRICTED DRIVING PRIVILEGES, TO PROVIDE 9 THAT A THIRD OFFENSE IS A MISDEMEANOR, TO PROVIDE FOR A TERM OF IMPRISON- 10 MENT IN THE COUNTY JAIL FOR A THIRD OFFENSE, TO PROVIDE SENTENCING 11 OPTIONS, TO LIMIT THE PERIOD OF ABSOLUTE SUSPENSION FOR A THIRD OFFENSE 12 AND TO PROVIDE FOR RESTRICTED DRIVING PRIVILEGES, TO CORRECT A CODE REFER- 13 ENCE, TO ADD CODE REFERENCES, TO SPECIFY THE OFFENSES WHICH WILL PREVENT A 14 COURT FROM CONSIDERING ALTERNATIVE SENTENCING OPTIONS AND TO REQUIRE PROOF 15 OF LIABILITY INSURANCE BEFORE RESTRICTED DRIVING PRIVILEGES MAY BE 16 GRANTED; AND PROVIDING FOR APPLICATION OF THE ACT TO OFFENSES COMMITTED ON 17 AND AFTER JULY 1, 1998. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Section 18-8001, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 18-8001. DRIVING WITHOUT PRIVILEGES. (1) Any person who drives or is in 22 actual physical control of any motor vehicle upon the highways of this state 23 with knowledge that his driver's license, driving privileges or permit to 24 drive is revoked, disqualified or suspended in this state or any other juris- 25 diction is guilty of a misdemeanor. 26 (2) A person has knowledge that his license, driving privileges or permit 27 to drive is revoked, disqualified or suspended when: 28 (a) He has actual knowledge of the revocation, disqualification or sus- 29 pension of his license, driving privileges or permit to drive; or 30 (b) He has received oral or written notice from a verified, authorized 31 source, that his license, driving privileges or permit to drive was 32 revoked, disqualified or suspended; or 33 (c) Notice of the suspension, disqualification or revocation of his 34 license, driving privileges or permit to drive was mailed by certified 35 mail to his address as shown on the citation which resulted in the suspen- 36 sion, disqualification or revocation, and if such notice was returned it 37 was remailed to his address as shown in the department records, and he 38 failed to receive the notice or learn of its contents as a result of his 39 own unreasonable, intentional or negligent conduct; or 40 (d) He has knowledge of, or a reasonable person in his situation exercis- 41 ing reasonable diligence would have knowledge of, the existence of facts 42 or circumstances which, under Idaho law, might have caused the revocation, 43 disqualification or suspension of his license, driving privileges or per- 2 1 mit to drive. 2 (3) Any person who pleads guilty to or is found guilty of a violation of 3 subsection (1) for the first time: 4 (a) Shall be sentenced to jail for a mandatory minimum period of not less 5 than two (2) days, and may be sentenced to not more than six (6) months, 6 provided however, that in the discretion of the sentencing judge, the 7 judge may authorize the defendant to be assigned to a work release 8 or work detail program within the custody of the county sheriff 9 during the period of incarceration , or, if the underlying suspension 10 that resulted in the violation of this section is not a suspension result- 11 ing from an offense identified in subsection (8) of this section, the 12 judge may authorize an equivalent amount of community service in lieu of 13 jail, or any equivalent combination of these options ; 14 (b) May be fined an amount not to exceed five hundred dollars ($500); and 15 (c) Shall have his driving privileges suspended by the court for an addi- 16 tional six (6) months following the end of any period of suspension, dis- 17 qualification or revocation existing at the time of the violation; the 18 defendant may request restricted driving privileges during the period of 19 the suspension or disqualification, which the court may allow if the 20 defendant shows by a preponderance of the evidence that driving privileges 21 are necessary for his employment , education or for family 22 health needs. 23 (4) Any person who pleads guilty to or is found guilty of a violation of 24 subsection (1) for a second time within five (5) years, irrespective of the 25 form of the judgment(s) or withheld judgment(s): 26 (a) Shall be sentenced to jail for a mandatory minimum period of not less 27 than twenty (20) days, and may be sentenced to not more than one (1) year, 28 provided however, that in the discretion of the sentencing judge, the 29 judge may authorize the defendant to be assigned to a work release 30 or work detail program within the custody of the county sheriff 31 during the period of incarceration , or, if the underlying suspension 32 that resulted in the violation of this section is not a suspension result- 33 ing from an offense identified in subsection (8) of this section, the 34 judge may authorize an equivalent amount of community service in lieu of 35 jail, or any equivalent combination of these options ; 36 (b) May be fined an amount not to exceed one thousand dollars ($1,000); 37 and 38 (c) Shall have his driving privileges suspended by the court for an addi- 39 tional one (1) year following the end of any period of suspension, dis- 40 qualification or revocation existing at the time of the second violation, 41 during the first thirty (30) days of which time he shall have 42 absolutely no driving privileges of any kind. The defendant may 43 request restricted driving privileges during the period of the suspension 44 or disqualification, to begin after the period of absolute suspension, 45 which the court may allow if the defendant shows by a preponderance of the 46 evidence that driving privileges are necessary for his employment, educa- 47 tion or for family health needs. 48 (5) Any person who has pled guilty to or been found guilty of more than 49 two (2) violations of the provisions of subsection (1) of this section within 50 five (5) years, notwithstanding the form of the judgment(s) or withheld 51 judgment(s), is guilty of afelonymisdemeanor ; and 52 (a) Shall be sentenced to thecustody of the state board of correc-53tion for not to exceed three (3) years; provided that notwithstanding the54provisions of section 19-2601, Idaho Code, should the court impose any55sentence other than incarceration in the state penitentiary, the defendant3 1shall be sentenced to thecounty jail for a mandatory minimum 2 period of not less than thirty (30) days , and may be sentenced to 3 not more than one (1) year ;and furtherprovided 4 ,that notwithstanding the provisions of section 18-111,5Idaho Code, a conviction under this section shall be deemed a felony6however, that in the discretion of the sentencing judge, the 7 judge may authorize the defendant to be assigned to a work release or work 8 detail program within the custody of the county sheriff during the period 9 of incarceration, or, if the underlying suspension that resulted in the 10 violation of this section is not a suspension resulting from an offense 11 identified in subsection (8) of this section, the judge may authorize an 12 equivalent amount of community service in lieu of jail, or any equivalent 13 combination of these options ; 14 (b) May be fined an amount not to exceed three thousand dollars ($3,000); 15 and 16 (c) Shall have his driving privileges suspended by the court for an addi- 17 tionalthreetwo (32 ) 18 years following the end of any period of suspension, disqualification or 19 revocation existing at the time of the violation, during the first 20 ninety (90) days of which time he shall have absolutely no driving 21 privileges of any kind. The defendant may request restricted driving 22 privileges during the period of the suspension or disqualification, to 23 begin after the period of absolute suspension, which the court may allow 24 if the defendant shows by a preponderance of the evidence that driving 25 privileges are necessary for his employment, education or for family 26 health needs. 27 (6) A minor may be prosecuted for a violation of subsection (1) of this 28 section under chapter 5, title1620 , 29 Idaho Code. 30 (7) If a person is convicted for a violation of section 18-8004 , 31 18-8004C or 18-8006, Idaho Code, and at the time of arrest had no driv- 32 ing privileges, the penalties imposed by this section shall be in addition to 33 any penalties imposed under the provisions of section 18-8005 , 18-8004A, 34 18-8004C or 18-8006, Idaho Code, and not in lieu thereof. 35 (8) For purposes of this section, the offenses referred to in sub- 36 sections (3)(a), (4)(a) and (5)(a) of this section are: 37 (a) Section 18-1501(3), Idaho Code, transporting a minor in a motor vehi- 38 cle while under the influence; 39 (b) Section 18-4006(3), Idaho Code, vehicular manslaughter; 40 (c) Section 18-8001, Idaho Code, driving without privileges; 41 (d) Section 18-8004, Idaho Code, driving under the influence of alcohol, 42 drugs or other intoxicating substances; 43 (e) Section 18-8004C, Idaho Code, excessive alcohol concentration; 44 (f) Section 18-8006, Idaho Code, aggravated driving while under the 45 influence of alcohol, drugs or any other intoxicating substances; 46 (g) Section 18-8007, Idaho Code, leaving the scene of an accident result- 47 ing in injury or death; 48 (h) Section 49-1229, Idaho Code, required motor vehicle insurance; 49 (i) Section 49-1232, Idaho Code, certificate or proof of liability insur- 50 ance to be carried in motor vehicle; 51 (j) Section 49-1401, Idaho Code, reckless driving; 52 (k) Section 49-1404, Idaho Code, eluding a police officer; 53 (l) Section 49-1428, Idaho Code, operating a vehicle without liability 54 insurance; 55 or any substantially conforming foreign criminal violation. 4 1 (9) In no event shall a person be granted restricted driving privileges 2 unless the person shows proof of liability insurance or other proof of finan- 3 cial responsibility, as provided in chapter 12, title 49, Idaho Code. 4 SECTION 2. The provisions of this act shall apply to violations of sec- 5 tion 18-8001, Idaho Code, committed on and after July 1, 1998.
STATEMENT OF PURPOSE
RS 07626C1
This proposed amendment changes the existing statute, Idaho Code 18-8001 Driving
Without Privileges, in three ways. First, it removes completely the felony designation from the
crime of Driving Without Privileges. As amended, all violations of this code section would be a
misdemeanor. Second, in some circumstances, it authorizes community service in lieu of
mandatory jail now required by the statute. Third, for repeat violators, it allows the judge
discretion to grant restricted driving privileges for work, education or health reasons, after a
period of absolute suspension. The current statute allows no possibility of restricted privileges
for repeat violators.
FISCAL NOTE
There is some fiscal impact with this amendment. The amendment will remove the cost of
imprisoning and supervising future violators of the statute from the Department of Corrections and
the Department of Probation and Parole. The savings to the state will be approximately $17,000
for every year the violator is not incarcerated in the state prison system. Violators who would
have been sentenced to prison under the current statute would instead serve county jail time
under the amendment. This increase of costs to the county jail system, however, will be offset by
the allowance of community service under the amendment in some cases where jail is now
mandatory under the current statute. In districts where felonies are prosecuted by counties and
misdemeanors by cities this will transfer some costs of prosecution to the cities. This transfer of
prosecution costs, however, will be offset by the increase in fine collections that will result to the
prosecuting municipalities of these cases. I.C. 18-8001 currently provides for enhanced fines as a
possible penalty. Particular fiscal impact will depend greatly on discretionary decisions of the
involved attorneys and judges.
CONTACT:
Kevin Maloney
Idaho Prosecuting Attorneys Association
208-364-2100
STATEMENT OF PURPOSE/ FISCAL NOTE
Dean A. Heyl, Special Assistant
Office of Governor Batt
208-334-2100
Bill No S 1344