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H0470................................by JUDICIARY, RULES AND ADMINISTRATION DRIVING WITHOUT PRIVILEGES - Amends existing law to provide that a person convicted of a felony of driving without privileges under the provisions of Section 18-8001, Idaho Code, in effect prior to July 1, 1998, may make application to the court for an amended judgment and, if certain requirements are met, the court may amend the judgment to reflect a misdemeanor rather than a felony conviction. 02/01 House intro - 1st rdg - to printing 02/02 Rpt prt - to Jud 03/01 Rpt out - rec d/p - to 2nd rdg 03/02 2nd rdg - to 3rd rdg 03/06 3rd rdg - PASSED - 66-1-3 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer(Tiegs), Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Taylor, Tilman, Trail, Wood, Zimmermann, Mr Speaker NAYS -- Stoicheff Absent and excused -- Mader, Marley, Wheeler Floor Sponsors - Alltus, Cheirrett Title apvd - to Senate 03/07 Senate intro - 1st rdg - to Jud
H0470|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 470 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO DRIVING WITHOUT PRIVILEGES; AMENDING SECTION 18-8001, IDAHO CODE, 3 TO PROVIDE THAT A PERSON CONVICTED OF A FELONY UNDER THE PROVISIONS OF 4 SECTION 18-8001, IDAHO CODE, IN EFFECT PRIOR TO JULY 1, 1998, MAY MAKE 5 APPLICATION TO THE COURT FOR AN AMENDED JUDGMENT AND IF CERTAIN REQUIRE- 6 MENTS ARE MET, THE COURT MAY AMEND THE JUDGMENT TO REFLECT A MISDEMEANOR 7 RATHER THAN A FELONY CONVICTION; AND DECLARING AN EMERGENCY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 18-8001, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 18-8001. DRIVING WITHOUT PRIVILEGES. (1) Any person who drives or is in 12 actual physical control of any motor vehicle upon the highways of this state 13 with knowledge or who has received legal notice pursuant to section 49-320, 14 Idaho Code, that his driver's license, driving privileges or permit to drive 15 is revoked, disqualified or suspended in this state or any other jurisdiction 16 is guilty of a misdemeanor. 17 (2) A person has knowledge that his license, driving privileges or permit 18 to drive is revoked, disqualified or suspended when: 19 (a) He has actual knowledge of the revocation, disqualification or sus- 20 pension of his license, driving privileges or permit to drive; or 21 (b) He has received oral or written notice from a verified, authorized 22 source, that his license, driving privileges or permit to drive was 23 revoked, disqualified or suspended; or 24 (c) Notice of the suspension, disqualification or revocation of his 25 license, driving privileges or permit to drive was mailed by certified 26 mail to his address pursuant to section 49-320, Idaho Code, as shown in 27 the transportation department records, and he failed to receive the notice 28 or learn of its contents as a result of his own unreasonable, intentional 29 or negligent conduct or his failure to keep the transportation department 30 apprised of his mailing address as required by section 49-320, Idaho Code; 31 or 32 (d) He has knowledge of, or a reasonable person in his situation exercis- 33 ing reasonable diligence would have knowledge of, the existence of facts 34 or circumstances which, under Idaho law, might have caused the revocation, 35 disqualification or suspension of his license, driving privileges or per- 36 mit to drive. 37 (3) Any person who pleads guilty to or is found guilty of a violation of 38 subsection (1) for the first time: 39 (a) Shall be sentenced to jail for a mandatory minimum period of not less 40 than two (2) days, and may be sentenced to not more than six (6) months, 41 provided however, that in the discretion of the sentencing judge, the 42 judge may authorize the defendant to be assigned to a work release or work 43 detail program within the custody of the county sheriff during the period 2 1 of incarceration, or, if the underlying suspension that resulted in the 2 violation of this section is not a suspension resulting from an offense 3 identified in subsection (8) of this section, the judge may authorize an 4 equivalent amount of community service in lieu of jail, or any equivalent 5 combination of these options; 6 (b) May be fined an amount not to exceed five hundred dollars ($500); and 7 (c) Shall have his driving privileges suspended by the court for an addi- 8 tional six (6) months following the end of any period of suspension, dis- 9 qualification or revocation existing at the time of the violation; the 10 defendant may request restricted driving privileges during the period of 11 the suspension or disqualification, which the court may allow if the 12 defendant shows by a preponderance of the evidence that driving privileges 13 are necessary for his employment, education or for family health needs. 14 (4) Any person who pleads guilty to or is found guilty of a violation of 15 subsection (1) for a second time within five (5) years, irrespective of the 16 form of the judgment(s) or withheld judgment(s): 17 (a) Shall be sentenced to jail for a mandatory minimum period of not less 18 than twenty (20) days, and may be sentenced to not more than one (1) year, 19 provided however, that in the discretion of the sentencing judge, the 20 judge may authorize the defendant to be assigned to a work release or work 21 detail program within the custody of the county sheriff during the period 22 of incarceration, or, if the underlying suspension that resulted in the 23 violation of this section is not a suspension resulting from an offense 24 identified in subsection (8) of this section, the judge may authorize an 25 equivalent amount of community service in lieu of jail, or any equivalent 26 combination of these options; 27 (b) May be fined an amount not to exceed one thousand dollars ($1,000); 28 and 29 (c) Shall have his driving privileges suspended by the court for an addi- 30 tional one (1) year following the end of any period of suspension, dis- 31 qualification or revocation existing at the time of the second violation, 32 during the first thirty (30) days of which time he shall have absolutely 33 no driving privileges of any kind. The defendant may request restricted 34 driving privileges during the period of the suspension or disqualifica- 35 tion, to begin after the period of absolute suspension, which the court 36 may allow if the defendant shows by a preponderance of the evidence that 37 driving privileges are necessary for his employment, education or for fam- 38 ily health needs. 39 (5) Any person who has pled guilty to or been found guilty of more than 40 two (2) violations of the provisions of subsection (1) of this section within 41 five (5) years, notwithstanding the form of the judgment(s) or withheld 42 judgment(s), is guilty of a misdemeanor; and 43 (a) Shall be sentenced to the county jail for a mandatory minimum period 44 of not less than thirty (30) days, and may be sentenced to not more than 45 one (1) year; provided, however, that in the discretion of the sentencing 46 judge, the judge may authorize the defendant to be assigned to a work 47 release or work detail program within the custody of the county sheriff 48 during the period of incarceration, or, if the underlying suspension that 49 resulted in the violation of this section is not a suspension resulting 50 from an offense identified in subsection (8) of this section, the judge 51 may authorize an equivalent amount of community service in lieu of jail, 52 or any equivalent combination of these options; 53 (b) May be fined an amount not to exceed three thousand dollars ($3,000); 54 and 55 (c) Shall have his driving privileges suspended by the court for an addi- 3 1 tional two (2) years following the end of any period of suspension, dis- 2 qualification or revocation existing at the time of the violation, during 3 the first ninety (90) days of which time he shall have absolutely no driv- 4 ing privileges of any kind. The defendant may request restricted driving 5 privileges during the period of the suspension or disqualification, to 6 begin after the period of absolute suspension, which the court may allow 7 if the defendant shows by a preponderance of the evidence that driving 8 privileges are necessary for his employment, education or for family 9 health needs. 10 (6) A minor may be prosecuted for a violation of subsection (1) of this 11 section under chapter 5, title 20, Idaho Code. 12 (7) If a person is convicted for a violation of section 18-8004, 13 18-8004C or 18-8006, Idaho Code, and at the time of arrest had no driving 14 privileges, the penalties imposed by this section shall be in addition to any 15 penalties imposed under the provisions of section 18-8005, 18-8004A, 18-8004C 16 or 18-8006, Idaho Code, and not in lieu thereof. 17 (8) For purposes of this section, the offenses referred to in subsections 18 (3)(a), (4)(a) and (5)(a) of this section are: 19 (a) Section 18-1501(3), Idaho Code, transporting a minor in a motor vehi- 20 cle while under the influence; 21 (b) Section 18-4006(3), Idaho Code, vehicular manslaughter; 22 (c) Section 18-8001, Idaho Code, driving without privileges; 23 (d) Section 18-8004, Idaho Code, driving under the influence of alcohol, 24 drugs or other intoxicating substances; 25 (e) Section 18-8004C, Idaho Code, excessive alcohol concentration; 26 (f) Section 18-8006, Idaho Code, aggravated driving while under the 27 influence of alcohol, drugs or any other intoxicating substances; 28 (g) Section 18-8007, Idaho Code, leaving the scene of an accident result- 29 ing in injury or death; 30 (h) Section 49-1229, Idaho Code, required motor vehicle insurance; 31 (i) Section 49-1232, Idaho Code, certificate or proof of liability insur- 32 ance to be carried in motor vehicle; 33 (j) Section 49-1401, Idaho Code, reckless driving; 34 (k) Section 49-1404, Idaho Code, eluding a police officer; 35 (l) Section 49-1428, Idaho Code, operating a vehicle without liability 36 insurance; 37 or any substantially conforming foreign criminal violation. 38 (9) In no event shall a person be granted restricted driving privileges 39 unless the person shows proof of liability insurance or other proof of finan- 40 cial responsibility, as provided in chapter 12, title 49, Idaho Code. 41 (10) Any person convicted of a felony under the provisions of this section 42 in effect prior to July 1, 1998, may make application to the court where the 43 judgment of conviction was entered and the court, upon a satisfactory showing 44 that the defendant at all times complied with the terms and conditions of the 45 sentence imposed upon the felony conviction and that the defendant has not 46 been charged with a subsequent violation of this section, may amend the judg- 47 ment to reflect a misdemeanor rather than a felony conviction. 48 SECTION 2. An emergency existing therefor, which emergency is hereby 49 declared to exist, this act shall be in full force and effect on and after its 50 passage and approval.
STATEMENT OF PURPOSE RS 09656 This Legislation was enacted in 1984, making it a felony the third time a person was convicted of driving without privileges. In 1998 it was amended so the third conviction resulted in a misdemeanor rather than a felony. This legislation would enable the person convicted before July 1, 1998 to have their record reflect a misdemeanor rather than the felony. FISCAL IMPACT None CONTACT Name: Jeff Alltus Phone: 332-1000 Name: Clair Cheirrett Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 470