1999 Legislation
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SENATE BILL NO. 1040, As Amended, As Amended in the House – MV accident/info not exchange/pnlty

SENATE BILL NO. 1040, As Amended, As Amended in the House

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Daily Data Tracking History



S1040aa,aaH..........................................by JUDICIARY AND RULES
MOTOR VEHICLES - ACCIDENTS - Amends existing law to provide penalties for
failing to give information or for giving false information regarding a
motor vehicle accident.

01/25    Senate intro - 1st rdg - to printing
01/26    Rpt prt - to Jud
02/11    Rpt out - to 14th Ord
02/16    Rpt out amen - to engros
02/17    Rpt engros - 1st rdg - to 2nd rdg as amen
02/18    2nd rdg - to 3rd rdg as amen
02/23    3rd rdg as amen - PASSED - 29-2-4
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Geddes, Ingram, Ipsen,
      Keough, King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy,
      Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler
      NAYS--Hawkins, Whitworth
      Absent and excused--Davis, Frasure, Parry, Twiggs
    Floor Sponsor - Parry
    Title apvd - to House
02/24    House intro - 1st rdg as amen - to Jud
03/16    Rpt out - to Gen Ord - rpt out amen - to 1st rdg as amen
03/17    1st rdg - to 2nd rdg as amen
    Rules susp - PASSED - 66-0-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
      Loertscher, Mader, Marley, McKague, Meyer(Duncan), Moyle, Pischner,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Smith,
      Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail,
      Watson, Wheeler, Williams, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Denney, Montgomery, Mortensen, Sellman
    Floor Sponsor - Hansen(23)
    Title apvd - to Senate
03/17    Senate concurred in House amens - to engros
03/18    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rules susp - PASSED - 31-0-4
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, Lee, McLaughlin, Noh, Richardson,
      Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Twiggs, Wheeler,
      Whitworth
      NAYS--None
      Absent and excused--King, Parry, Riggs, Stennett
    Floor Sponsor - Darrington
    Title apvd - to enrol
03/18    Rpt enrol - Pres signed
03/19    Sp signed - to Governor
03/23    Governor signed
         Session Law Chapter 156
         Effective: 07/01/99

Bill Text


S1040


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                SENATE BILL NO. 1040, As Amended, As Amended in the House

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE DUTY TO GIVE INFORMATION IN AN ACCIDENT INVOLVING DAMAGE TO  A
 3        VEHICLE;  AMENDING SECTION 49-1302, IDAHO CODE, TO PROVIDE FOR INFORMATION
 4        TO BE EXHIBITED, TO PROVIDE WHEN A POLICE  OFFICER  SHALL  FACILITATE  THE
 5        EXCHANGE  OF INFORMATION, AND TO PROVIDE CRIMINAL PENALTIES FOR FAILING TO
 6        GIVE INFORMATION OR PROVIDING  FALSE  INFORMATION  REGARDING  AN  ACCIDENT
 7        INVOLVING DAMAGE TO A VEHICLE.

 8    Be It Enacted by the Legislature of the State of Idaho:

 9        SECTION  1.  That  Section 49-1302, Idaho Code, be, and the same is hereby
10    amended to read as follows:

11        49-1302.  DUTY TO GIVE INFORMATION IN ACCIDENT INVOLVING DAMAGE TO A VEHI-
12    CLE.  (1)  The driver  of  any  vehicle  involved  in  an  accident
13    resulting  in  damage to any vehicle which is driven or attended by any person
14    shall , at the scene of the accident,  give his name,  address
15    ,  the  name  of his insurance agent or company if he has automobile liability
16    insurance, and the motor vehicle registration number  of  the  vehicle  he  is
17    driving.  If    and, if  available,  at the scene of the
18    accident,  he shall exhibit his driver's license , proof of  regis-
19    tration  and  certificate or proof of liability insurance  to the person
20    struck or to the driver or person attending any vehicle collided with.
21         (2)  If a police officer is present, that  officer  shall  make  all
22    reasonable efforts to facilitate the exchange of the required information pro-
23    vided by subsection (1) of this section between the parties involved. 
24          (3)  Any  person  who  willfully  fails  to provide the information
25    required to be given by subsection (1) of this section or who  knowingly  pro-
26    vides  false  information of the type required by this section shall be guilty
27    of a misdemeanor. 

Amendment


AS1040


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                       Moved by     Parry                

                                       Seconded by  Darrington           


                                      IN THE SENATE
                            SENATE AMENDMENT TO S.B. NO. 1040

 1                                AMENDMENT TO SECTION 1
 2        On page 1 of the printed bill, delete lines 9 through 20 and insert:
 3        "49-1302.  DUTY TO GIVE INFORMATION IN  ACCIDENT  INVOLVING  DAMAGE  TO  A
 4    VEHICLE.    (1)   The driver of any vehicle involved in an accident
 5    resulting in damage to any vehicle which is driven or attended by  any  person
 6    shall give his name, address, the name of his insurance agent or company if he
 7    has  automobile liability insurance, and the motor vehicle registration number
 8    of the vehicle he is driving. If available,  he  shall  exhibit  his  driver's
 9    license , registration and proof of insurance  to the person struck
10    or  to  the  driver or person attending any vehicle collided with.   If a
11    police officer is present, that officer shall facilitate the exchange  of  the
12    required  information  provided by this section  between the parties involved.
13    
14         (2)  Any person not complying with the provisions  of  this  section
15    when  the damage is three thousand dollars ($3,000) or less shall be guilty of
16    a misdemeanor.  Any person not complying with the provisions of  this  section
17    when the damage to any vehicle is in excess of three thousand dollars ($3,000)
18    or who provides false information shall be guilty of a felony. ".

19                                 CORRECTIONS TO TITLE
20        On page 1, in line 3 following "CODE," insert: "TO PROVIDE FOR INFORMATION
21    TO  BE  EXHIBITED,";  in  line 4 following "INFORMATION" insert: "OR PROVIDING
22    FALSE INFORMATION"; and in line 5 following "DAMAGE" insert: "AND  TO  PROVIDE
23    WHEN A POLICE OFFICER SHALL FACILITATE THE EXCHANGE OF INFORMATION".
                                       Moved by     Hansen (23)          

                                       Seconded by  Gould                


                             IN THE HOUSE OF REPRESENTATIVES
                       HOUSE AMENDMENT TO S.B. NO. 1040, As Amended

24                               AMENDMENTS TO SECTION 1
25        On  page  1 of the engrossed bill, in line 13,  following "shall"  insert:
26    " , at the scene of the accident, "; in lines 14, 15 and 16, delete
27    ", the name of his insurance agent or company if he has  automobile  liability
28    insurance,  and  the  motor  vehicle  registration number of the vehicle he is
29    driving. If" and insert: " , the name of his insurance agent  or  company
30    if  he  has automobile liability insurance, and the motor vehicle registration
31    number of the vehicle he is driving. If   and, if ", also  in
32    line  16,  following "available," insert: " at the scene of the accident,
33    ", and also in line 16, following "license , " insert: "
34    proof of "; in line 17, following " and " insert: " cer-
35    tificate or "; and also in line 17, following " of "  insert:

                                ]]]

                                         2

 1    " liability "; in line 18, following "with." insert a new paragraph
 2    and  "  (2)  ";  in line 19, following " shall " insert:
 3    " make all reasonable efforts to ", and also in line 19,  following
 4    "  by  " insert: " subsection (1) of "; and delete lines
 5    21 through 25, inclusive, and insert:
 6        " (3)  Any person who willfully  fails  to  provide  the  information
 7    required  to  be given by subsection (1) of this section or who knowingly pro-
 8    vides false information of the type required by this section shall  be  guilty
 9    of a misdemeanor. ".

10                                 CORRECTIONS TO TITLE
11        On  page  1,  in line 4, following "EXHIBITED," insert: "TO PROVIDE WHEN A
12    POLICE OFFICER SHALL FACILITATE THE EXCHANGE OF INFORMATION, AND"; and in line
13    6, following "VEHICLE" delete the remainder of the line, delete all of line  7
14    and insert: ".".

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 08550
                                  
  The purpose of this legislation is to provide criminal
  penalties for failing to give information regarding a
  motor vehicle accident involving damage to a vehicle. The
  penalties range from misdemeanor to felony criminal
  penalties depending on the dollar amount of the damage.
  This seems to be a growing problem as people involved in
  motor vehicle accidents are either unwilling to give the
  required information or just leave the scene of an
  accident leaving the person whose vehicle is damaged to
  pick up the cost out of his or her pocket or have their
  surety pick up those costs.
  
                           FISCAL NOTE
                                  
  There could be a slight fiscal impact to the general fund
  due to the potential (however small of increased
  incarceration. However, it is assumed that anyone
  penalized under this section initially would be paying a
  fine rather than be incarcerated.
  
  CONTACT: Senator Atwell Parry
            208-334-4735
            
                                              S1040