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H0314................................by JUDICIARY, RULES AND ADMINISTRATION
DRIVING UNDER THE INFLUENCE - Amends existing law to provide for a jail
sentence of up to thirty days upon a second conviction of a person under
twenty-one for driving with an alcohol concentration between .02 and .08.
02/26 House intro - 1st rdg - to printing
03/01 Rpt prt - to Jud
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 56-6-8
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Campbell, Chase, Clark, Cuddy, Deal, Denney,
Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Henbest, Jaquet, Jones, Judd, Kellogg,
Kempton, Kunz, Limbaugh, Linford, Loertscher, Mader, Marley, McKague,
Mortensen, Moyle, Pomeroy, Reynolds, Ringo, Robison, Sali, Schaefer,
Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tippets,
Trail, Watson, Wheeler, Zimmermann
NAYS -- Crow, Hornbeck, Kendell, Montgomery, Ridinger, Wood
Absent and excused -- Callister, Ellsworth, Lake, Meyer, Pischner,
Tilman, Williams, Mr Speaker
Floor Sponsor - Sellman
Title apvd - to Senate
03/15 Senate intro - 1st rdg - to Jud
03/17 Rpt out - rec d/p - to 2nd rdg
03/18 2nd rdg - to 3rd rdg
Rules susp - PASSED - 26-8-1
AYES--Andreason, Boatright, Bunderson, Cameron, Danielson,
Darrington, Davis, Deide, Dunklin, Hawkins, Ingram, Ipsen, Keough,
King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy,
Sorensen, Stegner, Thorne, Twiggs, Wheeler
NAYS--Branch, Burtenshaw, Crow, Frasure, Geddes, Schroeder, Stennett,
Whitworth
Absent and excused--Parry
Floor Sponsor - King
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 246
Effective: 07/01/99
H0314|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 314 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO PENALTIES OF PERSONS UNDER TWENTY-ONE WITH LESS THAN 0.08 ALCOHOL 3 CONCENTRATION; AMENDING SECTION 18-8004A, IDAHO CODE, TO PROVIDE FOR A 4 JAIL SENTENCE OF UP TO THIRTY DAYS UPON A SECOND CONVICTION AND TO MAKE 5 TECHNICAL CORRECTIONS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-8004A, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-8004A. PENALTIES -- PERSONS UNDER 21 WITH LESS THAN 0.08 ALCOHOL CON- 10 CENTRATION. (1) Any person found guilty of a violation of subsection (1)(d) of 11 section 18-8004, Idaho Code, shall be guilty of a misdemeanor; and, for a 12 first offense: 13 (a) Shall be fined an amount not to exceed one thousand dollars ($1,000); 14 (b) Shall have his driving privileges suspended by the court for a period 15 of one (1) year, ninety (90) days of which shall not be reduced and dur- 16 ing which period absolutely no driving privileges of any kind may be 17 granted. After the period of absolute suspension of driving privileges 18 has passed, the defendant may request restricted driving privileges which 19 the court may allow, if the defendant shows by a preponderance of the evi- 20 dence that driving privileges are necessary as deemed appropriate by the 21 court.; 22 (c) Shall be advised by the court in writing at the time of sentencing of 23 the penalties that will be imposed for any subsequent violation of the 24 provisions of this section or any violation of section 18-8004, Idaho 25 Code, which advice shall be signed by the defendant, and a copy retained 26 by the court and another copy retained by the prosecuting attorney.27; 28 (d) Shall be required to undergo an alcohol evaluation and otherwise com- 29 ply with the requirements of sections 18-8005(9) and 18-8005(12), Idaho 30 Code, as ordered by the court. 31 (2) Any person who pleads guilty to or is found guilty of a violation of 32 the provisions of subsection (1)(d) of section 18-8004, Idaho Code, who previ- 33 ously has been found guilty of or has pled guilty to a violation of section 34 18-8004(1)(d), Idaho Code, or any substantially conforming foreign criminal 35 violation, as defined in section 18-8005(8), Idaho Code, notwithstanding the 36 form of the judgment or withheld judgment, is guilty of a misdemeanor; 37 and : 38 (a) May be sentenced to jail for a period not to exceed thirty (30) 39 days; 40 (b) Shall be fined an amount of not less than five hundred dollars 41 ($500) nor more than two thousand dollars ($2,000); 42 (bc ) Shall have his driving privileges sus- 43 pended by the court for a period not to exceed two (2) years, one hundred 2 1 eighty (180) days of which shall be absolute and shall not be reduced and 2 during which period absolutely no driving privileges of any kind may be 3 granted; 4 (cd ) Shall be advised by the court in writing 5 at the time of sentencing of the penalties that will be imposed for subse- 6 quent violations of the provisions of this section or section 18-8004, 7 Idaho Code, which advice shall be signed by the defendant, and a copy 8 retained by the court and another copy retained by the prosecuting attor- 9 ney; 10 (de ) Shall undergo an alcohol evaluation and 11 comply with the other requirements of subsections (9) and (12) of section 12 18-8005, Idaho Code. 13 (3) Any person who pleads guilty to or is found guilty of a violation of 14 the provisions of subsection (1)(d) of section 18-8004, Idaho Code, who previ- 15 ously has been found guilty of or has pled guilty to two (2) or more viola- 16 tions of the provisions of section 18-8004(1)(d), Idaho Code, or any substan- 17 tially conforming foreign criminal violation, within five (5) years, notwith- 18 standing the form of the judgment or withheld judgment, shall be guilty of a 19 misdemeanor; and : 20 (a) May be sentenced to jail for a period not to exceed six 21 (6) months; 22 (b) Shall be fined an amount of not less than one thousand dollars 23 ($1,000) nor more than two thousand dollars ($2,000); 24 (c) Shall surrender his driver's license or permit to the court;25and26 (d) Shall have his driving privileges suspended by the court for a manda- 27 tory minimum period of one (1) year, during which period absolutely no 28 driving privileges of any kind may be granted, or until such person 29 reaches the age of twenty-one (21), whichever is greater; and 30 (e) Shall undergo an alcohol evaluation and comply with all other 31 requirements imposed by the court pursuant to sections 18-8005(9) and 32 18-8005(12), Idaho Code. 33 (4) All provisions of section 18-8005, Idaho Code, not otherwise in con- 34 flict with or provided for in this section shall apply to any sentencing 35 imposed under the provisions of this section. 36 (5) A person violating the provisions of section 18-8004(1)(d), Idaho 37 Code, may be prosecuted under title 16, Idaho Code.
STATEMENT OF PURPOSE
RS 09077
This bill amends I.C. 18-8004A which prescribes the
penalties for persons under twenty-one years of age who are
convicted of operating a motor vehicle with an alcohol
concentration above 0.02 but under 0.08, to provide that a
second conviction, in addition to other penalties, carries a
possible jail sentence not to exceed thirty days.
This amendment makes the possibility of incarceration for
a second offense under I.C. 18-8004A consistent with the
possibility of incarceration that is imposed when a minor is
convicted of a second violation of possessing, dispensing,
procuring, or attempted procurement of alcohol under I.C.
18-1502(b).
Under I.C. 18-1502(b) a minor who is convicted on a
second occasion of the simple possession of alcohol is subject
to a jail penalty not to exceed thirty days. However, under
I.C. 18-8004A, a minor who operates a motor vehicle with an
alcohol concentration of more than 0.02 but less than 0.08, a
more serious offense, is not subject to a jail sentence until
he or she has been convicted of committing a third offense
within a five year period.
This bill, if adopted, will make the punishment sections
of these statutes more equitable, while strengthening the
deterrent effect of I.C. 18-8004A.
FISCAL NOTE
It is anticipated that this bill will have a negligible
impact on local funds in terms of jail costs and no impact on
state funds.
Contact Person:
Representative Sher Sellman
Idaho State Legislature
(208) 332-1000
Statement of Purpose/Fiscal Note H 314