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S1464.....................................................by TRANSPORTATION
DRIVER'S LICENSES - SUSPENSION - Amends and adds to existing law to provide
for information to be sent to the Idaho Transportation Department for
administration of court-ordered suspensions, to provide for department
suspension or revocation of a driver's license or privileges for more than
one year, to authorize reinstatement before the expiration of one year
after revocation, to provide exemption for suspensions ordered to take
effect after release from confinement or imprisonment, to provide for
departmental administration of judicial suspensions of drivers' licenses or
privileges to become effective after the person's release from confinement
and to provide for stay of suspension of a driver's license or driving
privileges upon an individual's reincarceration.
02/13 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Transp
02/20 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/26 3rd rdg - 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 - Danielson
Title apvd - to House
02/27 House intro - 1st rdg - to Transp
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(22),
Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Black(23), Crow, Jones(9),
Floor Sponsor - Kjellander
Title apvd - to Senate
03/16 To enrol
03/17 Rpt enrol - Pres signed
03/18 Sp signed
03/19 To Governor
03/20 Governor signed
Session Law Chapter 152
Effective: 07/01/98
S1464|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1464 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO THE ADMINISTRATION OF SUSPENSIONS OF DRIVERS' LICENSES AND DRIVING 3 PRIVILEGES; AMENDING SECTION 49-237, IDAHO CODE, TO PROVIDE FOR INFORMA- 4 TION TO BE SENT TO THE TRANSPORTATION DEPARTMENT FOR ADMINISTRATION OF 5 COURT-ORDERED SUSPENSIONS; AMENDING SECTION 49-326, IDAHO CODE, TO PROVIDE 6 FOR DEPARTMENT SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE OR PRIVI- 7 LEGES FOR MORE THAN ONE YEAR, TO AUTHORIZE REINSTATEMENT BEFORE THE EXPI- 8 RATION OF ONE YEAR AFTER REVOCATION AND TO PROVIDE AN EXEMPTION FOR SUS- 9 PENSIONS ORDERED TO TAKE EFFECT AFTER RELEASE FROM CONFINEMENT OR IMPRIS- 10 ONMENT; AMENDING CHAPTER 3, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW 11 SECTION 49-326A, IDAHO CODE, TO PROVIDE FOR DEPARTMENT ADMINISTRATION OF 12 JUDICIAL SUSPENSIONS OF DRIVERS' LICENSES OR PRIVILEGES TO BECOME EFFEC- 13 TIVE AFTER THE PERSON'S RELEASE FROM CONFINEMENT; AND AMENDING CHAPTER 80, 14 TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-8011, IDAHO 15 CODE, TO PROVIDE FOR THE STAY OF SUSPENSION OF A DRIVER'S LICENSE OR DRIV- 16 ING PRIVILEGES UPON AN INDIVIDUAL'S REINCARCERATION. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Section 49-237, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 49-237. RECORD SOF CONVICTIONSTO BE SENT TO 21 DEPARTMENT. Upon the conviction of any person for the violation of any of the 22 provisions of this title, thejudicial officer before whom the proceed-23ings are hadclerk of the district court shall immediately 24certifytransmit the facts of the case to the 25 department and the department of correction, either in paper or elec- 26 tronic form , including the name ,and27 address ,of the offender,date of birth, and 28 the driver's license number or social security number of the party charged, 29 and any judgment issued, including a withheld judgment. The clerk of the dis- 30 trict court shall also forward to the department information regarding 31 the character of the punishment, and the amount of any fine imposed and 32 paid , the ordered sentence and its terms, and the ordered suspension 33 period, including when the suspension is to commence. The information provided 34 to the department and the department of correction shall be certified if sub- 35 mitted in paper form; no certification is required for electronic transfers of 36 information . The department shall enter the facts either in the records 37 of registered vehicles, or in the records of registered dealers, or in 38 the driver's license records, as the case may be, opposite the name of 39 the person so convicted, and in the case of any other person, in a record of 40 offenders, to be kept for that purpose. If an individual is 41 reincarcerated while that person's driver's license or driving privileges are 42 suspended, the department of correction is to notify the department that the 43 individual is reincarcerated, as well as the terms and period of 2 1 reincarceration. If the conviction be reversed on appeal, the person 2 whose conviction has been reversed may serve on the department a certified 3 copy of the order of reversal, and the department shall enter the reversal in 4 the proper records. 5 SECTION 2. That Section 49-326, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 49-326. AUTHORITY OF DEPARTMENT TO SUSPEND, DISQUALIFY OR REVOKE DRIVER'S 8 LICENSE AND PRIVILEGES. (1) If the court has not ordered the suspension of a 9 license or privileges, the department is authorized to suspend, disqualify or 10 revoke the license or privileges of a driver without preliminary hearing upon 11 a showing by its records or other sufficient evidence that the driver: 12 (a) Has committed an offense for which mandatory revocation or disquali- 13 fication of license or privileges is required upon conviction; 14 (b) Has been convicted in any court in this state of an offense against a 15 municipal ordinance which would have been grounds for suspension, revoca- 16 tion or disqualification of his driver's license or privileges had the 17 charge been prosecuted under a state law; 18 (c) Is incompetent to drive a motor vehicle; 19 1. Any person who in the opinion of the department, based upon rec- 20 ommendation of the person's personal physician, is afflicted with or 21 subject to any condition which brings about momentary or prolonged 22 lapses of consciousness or control, which is or may become chronic, 23 or when the person is suffering from a physical or mental disability 24 or disease serving to prevent him from exercising reasonable and 25 ordinary control over a motor vehicle while operating it upon the 26 streets and highways, or any person who is unable to understand high- 27 way signs, warning, regulating or directing traffic, is incompetent 28 to drive a motor vehicle. 29 2. Any person who shall not have minimum visual acuity with or with- 30 out corrective lenses of 20/40 in at least one (1) eye as determined 31 by the Snellen system or other available systems is incompetent to 32 operate a motor vehicle, however, the department shall have the 33 authority to license such person upon the recommendation of an oph- 34 thalmologist or qualified physician and upon passage of a skills 35 test. At 20/70 or more in both eyes with or without corrective lenses 36 the department may suspend the driver's license and privileges. Any 37 person who applies for or receives any type of tax, welfare or other 38 benefits or exemptions for the blind shall be conclusively presumed 39 incompetent to operate a motor vehicle. 40 3. Any person, department, or political subdivision of the state of 41 Idaho who receives an application for any type of tax, welfare, aid 42 or other benefits or exemptions for the blind shall immediately for- 43 ward the name, address, sex, date of birth, and date of application 44 of the applicant to the department; 45 (d) Has permitted an unlawful or fraudulent use of a driver's license; 46 (e) Has committed an offense in another state which if committed in Idaho 47 would be grounds for suspension, disqualification or revocation; 48 (f) Has been convicted of the offense of reckless driving, or fleeing or 49 attempting to elude a peace officer, and providing that the operating 50 privilege shall be suspended for a period of thirty (30) days upon convic- 51 tion and providing further, that if a second conviction occurs within a 52 two (2) year period of time from the time of the first conviction, the 53 suspension shall be for ninety (90) days, and if a third conviction shall 3 1 occur within a three (3) year period of time from the time of the first 2 conviction, the period of suspension shall be for one (1) year; 3 (g) Has failed to satisfy a judgment as set forth in chapter 12, title 4 49, Idaho Code; 5 (h) Has failed to maintain proof of financial responsibility as set forth 6 in chapter 12, title 49, Idaho Code; 7 (i) Has a driving record which shows a violation point count of twelve 8 (12) or more points in any consecutive twelve (12) month period; 9 (j) Is an habitual violator of traffic laws; 10 (k) Has been convicted of the offense of violation of a restricted 11 license and providing the driver's license and privileges be suspended for 12 a period of thirty (30) days; 13 (l) Has been convicted for the offense of leaving the scene of an acci- 14 dent involving damages to a vehicle, the period of revocation shall be one 15 (1) year; 16 (m) Has been convicted for the offense of leaving the scene of an acci- 17 dent resulting in injury or death, the period of revocation shall be one 18 (1) year; 19 (n) Is under the age of eighteen (18) years and is not satisfactorily 20 enrolled in school, has not received a waiver pursuant to or has not com- 21 pleted school as provided in section 49-303A, Idaho Code. 22 (2) A violation point is assessed for conviction of any charge or with 23 proof of any infraction involving a moving traffic violation. A value of one 24 (1) point shall be given for a less serious violation and up to four (4) 25 points for a more serious violation. Conviction or proof of infraction for 26 only one (1) violation arising from one (1) occasion of arrest or citation 27 shall be counted in determining the violation point count. 28 (3) The department is authorized and directed to establish a violation 29 point count system for various moving traffic violations and infractions 30 occurring either within or without the state of Idaho, affecting all holders 31 of driver's licenses issued by the department. 32 (4) Notification of suspension, revocation, cancellation or disqualifica- 33 tion. Upon suspending, revoking, canceling or disqualifying the driver's 34 license or driving privileges of any person, the department shall immediately 35 notify the applicant or licensee in writing, at the licensee's address on file 36 with the department pursuant to section 49-320, Idaho Code. Upon his request 37 the department shall afford him an opportunity for a hearing before a hearing 38 officer appointed by the director. The hearing may be held by telephone within 39 twenty (20) days after receipt of the request, unless this period is for good 40 cause shown, extended by the hearing officer for one ten-day period. The 41 notice and hearing shall be required prior to the imposition of additional 42 suspension or disqualification periods beyond the periods as set forth in this 43 section. Upon a hearing the hearing officer may administer oaths, may issue 44 subpoenas for the attendance of witnesses and the production of relevant books 45 and papers, and may require a reexamination of the licensee. Upon the hearing 46 the department shall either rescind its order or, with good cause, may affirm 47 or extend the suspension or disqualification of the driver's license or revoke 48 the driver's license. 49 Whenever a driver's license, permit or driving privilege has been sus- 50 pended or revoked by the department as provided in this section, other than as 51 set forth in subsection (1)(c), (d), (g), (h), (m) or (n), the department may 52 issue a temporary restricted permit restricting the time, area and purpose of 53 use. The application, eligibility requirements and form of the temporary 54 restricted permit shall be provided by administrative rule. 55 (5) The department shall not suspend or revoke a driver's 4 1 license or privileges for a period of more than one (1) year , 2and upon revoking a driver's license or privileges shall not in any3event grant application for a new driver's license until the expiration of one4(1) year after the revocationunless otherwise provided by law 5 . The provisions of this subsection shall not be applicable with respect 6 to the issuance of temporary restricted permits as provided in section 49-325, 7 Idaho Code , nor shall it be applicable to those suspensions placed on an 8 individual's record for the purpose of administering suspensions ordered to 9 take effect after an individual's release from confinement or imprisonment 10 pursuant to chapter 80, title 18, Idaho Code . 11 (6) The department shall not disqualify a driver for a period longer than 12 specified by 49 CFR part 383. 13 SECTION 3. That Chapter 3, Title 49, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION , to be 15 known and designated as Section 49-326A, Idaho Code, and to read as follows: 16 49-326A. ADMINISTRATION BY DEPARTMENT OF JUDICIAL SUSPENSIONS OF DRIVERS' 17 LICENSES OR PRIVILEGES TO BECOME EFFECTIVE AFTER RELEASE FROM CONFINEMENT. (1) 18 When a court's judgment or order provides that the suspension of an 19 individual's driver's license or driving privileges shall begin after the 20 individual is released from confinement or imprisonment, the department, for 21 purposes of administering the ordered suspension, shall consider the driver's 22 license or driving privileges as suspended effective as of the end of the last 23 day of the fixed portion of the ordered sentence, as shown by the judgment or 24 sentencing order of the court. 25 (2) Unless otherwise ordered by the court, the suspension shall remain in 26 effect until the individual applies for reinstatement of his or her driver's 27 license or driving privileges and can provide verifiable documentation to 28 establish the date of release from confinement or imprisonment and show that 29 the court-ordered suspension period has expired since the individual's 30 release. Upon such a showing, the department will reinstate the individual's 31 driver's license or driving privileges as provided by law. 32 (3) Where the department is notified of the release of the individual, 33 either by the court or the agency having custody over the individual during 34 the period of confinement or imprisonment, the department shall amend its 35 records to reflect the actual court-ordered period of suspension. 36 (4) No time credit against the court-ordered period of suspension will be 37 given while the individual is incarcerated or if the individual is 38 reincarcerated. The entire period of the court-ordered suspension must run 39 after the individual is released from confinement or imprisonment. 40 SECTION 4. That Chapter 80, Title 18, Idaho Code, be, and the same is 41 hereby amended by the addition thereto of a NEW SECTION , to be 42 known and designated as Section 18-8011, Idaho Code, and to read as follows: 43 18-8011. STAY OF SUSPENSION OF DRIVERS' LICENSES OR DRIVING PRIVILEGES 44 UPON REINCARCERATION. A court-ordered suspension of an individual's driver's 45 license or driving privileges issued pursuant to this chapter that is to com- 46 mence after that individual's release from confinement or imprisonment, shall 47 cease to run if the individual is reincarcerated. The court-ordered suspension 48 will be stayed for the entire period the individual is reincarcerated and will 49 recommence as of the date the individual is rereleased from confinement or 50 imprisonment. Upon the individual's release from confinement or imprisonment, 51 the suspension period will run for the number of days remaining on the suspen- 5 1 sion as of the date of the individual's reincarceration.
STATEMENT OF PURPOSE
RS07392C2
This legislation will amend Sections 49-237 and 49-326, Idaho Code, and add new
Sections 49-326A and 18-8011, Idaho Code to:
1. Address the concerns of the judiciary regarding the implementation of court-ordered
suspensions that are to commence upon an individual's release from incarceration, and;
2. Allow the Idaho Transportation Department to more effectively administer those court-
ordered suspensions.
FISCAL IMPACT
There are no anticipated fiscal impacts.
CONTACT
Name: Mary York, Deputy Attorney General
Agency: Idaho Transportation Department
Phone: 334-8815
Statement of Purpose/Fiscal Impact
S 1464