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H0621................................by JUDICIARY, RULES AND ADMINISTRATION MOTOR VEHICLE VIOLATIONS - Amends existing law to provide infraction penalties, with certain exceptions, for violations of chapter 3 (operator licenses) and chapter 4 (vehicle registration) of the motor vehicle code. 02/18 House intro - 1st rdg - to printing 02/21 Rpt prt - to Transp 02/25 Rpt out - rec d/p - to 2nd rdg 02/28 2nd rdg - to 3rd rdg 02/29 3rd rdg - PASSED - 64-0-6 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Mortensen, Moss, Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer(Tiegs), Sellman, Shepherd, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann NAYS -- None Absent and excused -- Geddes, Gould, Montgomery, Pischner, Smith, Mr Speaker Floor Sponsor - Moss Title apvd - to Senate 03/01 Senate intro - 1st rdg - to Jud 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/29 3rd rdg - PASSED - 29-0-6 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins, Ingram, Ipsen, King-Barrutia, Lee, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Crow, Geddes, Keough, McLaughlin, Parry, Sorensen Floor Sponsor - Richardson Title apvd - to House 03/30 To enrol 03/31 Rpt enrol - Sp signed 04/03 Pres signed - to Governor 04/14 Governor signed Session Law Chapter 327 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 621 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO INFRACTION VIOLATIONS OF THE MOTOR VEHICLE CODE; AMENDING SECTION 3 49-236, IDAHO CODE, TO IMPOSE INFRACTION PENALTIES FOR VIOLATIONS OF CHAP- 4 TER 3, TITLE 49, IDAHO CODE, OTHER THAN SECTIONS 49-301, 49-316, 49-331 5 AND 49-332, IDAHO CODE, AND CHAPTER 4, TITLE 49, IDAHO CODE; AMENDING SEC- 6 TION 49-301, IDAHO CODE, TO PROVIDE THAT A VIOLATION OF THE SECTION SHALL 7 BE A MISDEMEANOR; AMENDING SECTION 49-305, IDAHO CODE, TO PROVIDE FOR AN 8 INFRACTION PENALTY; AMENDING SECTION 49-331, IDAHO CODE, TO REMOVE LAN- 9 GUAGE IMPOSING MISDEMEANOR PENALTIES FOR VIOLATIONS OF CHAPTER 3, TITLE 10 49, IDAHO CODE; AND AMENDING SECTION 49-1501, IDAHO CODE, TO PROVIDE FOR 11 THE ISSUANCE OF A UNIFORM CITATION FOR INFRACTION VIOLATIONS OF CHAPTERS 3 12 AND 4, TITLE 49, IDAHO CODE. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 49-236, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 49-236. PENALTIES. (1) It is a misdemeanor for any person to violate any 17 of the provisions of this title except the provisions of chapter 3, other than 18 sections 49-301, 49-316, 49-331 and 49-332, Idaho Code, chapter 4 and chapters 19 6 through 9 of this title, unless otherwise specifically provided. 20 (2) It is an infraction for any person to violate any of the provisions 21 of chapters 3, 4 and 6 through 9 of this title unless otherwise specifically 22 provided. 23 (3) Any offense punishable by imprisonment in the state penitentiary is a 24 felony. 25 (4) Punishments shall be as provided in sections 18-111, 18-112, 18-113 26 and 18-113A, Idaho Code, unless otherwise specifically provided. 27 (5) Whenever a person is arrested for any violation of the provisions of 28 this title declared to be a felony, he shall be dealt with in like manner as 29 upon arrest for the commission of any other felony. 30 (6) It is an infraction punishable by a fine of seventy-five dollars 31 ($75.00) for any person to violate the provisions of either section 49-1229, 32 49-1232 or 49-1428, Idaho Code. 33 SECTION 2. That Section 49-301, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 49-301. DRIVERS TO BE LICENSED. (1) No person, except those expressly 36 exempted by the provisions of this chapter, shall drive any motor vehicle upon 37 a highway unless the person has a valid Idaho driver's license. No person 38 shall operate a motorcycle upon a highway unless he has a motorcycle endorse- 39 ment on his valid driver's license. No person shall operate a commercial motor 40 vehicle as defined in section 49-123, Idaho Code, upon a highway unless he has 41 a seasonal or class A, B or C driver's license with required endorsements. No 2 1 person shall operate a motor vehicle in violation of any valid restriction 2 identified on or attached to, his valid driver's license. No person shall 3 receive a class D driver's license unless and until he surrenders to the 4 department all driver's licenses in his possession issued to him by Idaho or 5 any other jurisdiction for use within the United States, or any identification 6 cards issued by any other jurisdiction within the United States, or until he 7 executes an affidavit that he does not possess a driver's license or any iden- 8 tification cards. No person shall be permitted to have more than one (1) 9 driver's license issued for use within the United States at any time. 10 (2) Any holder of a class A, B or C commercial driver's license issued by 11 a jurisdiction other than Idaho shall apply for an Idaho-issued commercial 12 driver's license within thirty (30) days of establishing a domicile in Idaho. 13 In accordance with the federal motor carrier safety regulations, no person 14 shall receive a class A, B or C driver's license unless and until he surren- 15 ders to the department all driver's licenses in his possession issued to him 16 by Idaho or any other jurisdiction. 17 A violation of this section is a misdemeanor. 18 SECTION 3. That Section 49-305, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 49-305. INSTRUCTION PERMITS -- TEMPORARY LICENSES -- TEMPORARY DRIVER'S 21 TRAINING INSTRUCTION PERMIT. (1) Upon passage of the required knowledge tests 22 appropriate for the vehicle being operated, the department may issue an 23 instruction permit for the type of vehicle(s) the person will be operating, 24 entitling the applicant, while having the permit in his immediate possession, 25 to drive a motor vehicle upon the highways for a period of up to one hundred 26 eighty (180) days. That person must be accompanied by an adult driver who 27 holds a driver's license appropriate for the vehicle being operated and who is 28 actually occupying a seat beside the driver. 29 (a) Any person who has reached the age of fifteen (15) years, and who has 30 successfully completed an approved driver training course may apply for a 31 class D instruction permit with driving privileges restricted to daylight 32 hours only, and with full privileges at sixteen (16) years of age. The 33 restriction of daylight hours only shall mean that period of time one-half 34 (1/2) hour before sunrise to one-half (1/2) hour after sunset. Any person 35 applying for an instruction permit or driving privileges who is under the 36 age of eighteen (18) years shall be in compliance with school attendance 37 requirements of section 49-303A, Idaho Code. 38 (b) Any person who has reached the age of eighteen (18) years may apply 39 for a class A, B or C instruction permit. 40 (c) On and after April 1, 1992, federal highway administration rules and 41 regulations concerning instruction permits, as specified in 49 CFR part 42 383, will be in effect for commercial motor vehicle operators. 43 (2) The department may, at its discretion, issue a temporary class D 44 driver's license to an applicant for a class D driver's license permitting him 45 to operate a motor vehicle while the department is completing its investiga- 46 tion and determination of all facts relative to the applicant's right to 47 receive a driver's license. The temporary license may be cancelled at the 48 department's discretion at any time after issuance. The temporary license must 49 be in the applicant's immediate possession while operating a motor vehicle, 50 and it shall be invalid when the applicant's driver's license has been issued 51 or for good cause has been refused. 52 (3) If an applicant for a driver's training instruction permit cannot 53 provide a certified copy of his birth certificate at the time of application, 3 1 the department may issue a temporary driver's training instruction permit upon 2 receipt of both a photo identification and a letter from the school verifying 3 the applicant's enrollment in a driver training course. The certified copy of 4 his birth certificate shall be required before a driver's license or instruc- 5 tion permit will be issued. 6 (4) The department may issue a motorcycle endorsement instruction permit 7 to an applicant who has a valid driver's license and who has successfully com- 8 pleted the motorcycle riders knowledge test and paid the appropriate fees. The 9 permit entitles the applicant, while having the permit in his immediate pos- 10 session, to operate a motorcycle upon the highways for a period not to exceed 11 one hundred eighty (180) days. If the permittee passes the skills test for a 12 motorcycle endorsement within one hundred eighty (180) days of issuance of the 13 motorcycle endorsement instruction permit, he shall not be required to pay the 14 motorcycle endorsement fee. A person holding a motorcycle instruction permit 15 shall not carry any passenger while operating a motorcycle, shall not operate 16 a motorcycle except during the hours of daylight only and shall not operate a 17 motorcycle upon any interstate highway system. 18 A violation of the conditions of a motorcycle endorsement instruction per- 19 mit is an misdemeanorinfraction. The department shall cancel the permit 20 whether or not such violation results in conviction of the misdemeanorinfrac- 21 tion. 22 SECTION 4. That Section 49-331, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 49-331. UNLAWFUL USE OF DRIVER'S LICENSE. It is a misdemeanor for any 25 person: 26 (1) To display or cause or permit to be displayed or have in his posses- 27 sion any mutilated or illegible, cancelled, revoked, suspended, disqualified, 28 fictitious or fraudulently altered driver's license; 29 (2) To lend his driver's license to any other person or knowingly permit 30 the use of his driver's license by another; 31 (3) To display or represent as one's own a driver's license not issued to 32 him; 33 (4) To fail or refuse to surrender to the department, upon its lawful 34 demand, any driver's license which has been suspended, revoked, disqualified 35 or cancelled; 36 (5) To use a false or fictitious name in any application for a driver's 37 license, or to knowingly make a false statement, or to knowingly conceal a 38 material fact or otherwise commit a fraud in any application; 39 (6) To permit any unlawful use of a driver's license issued to him; or 40 (7) To manufacture, produce, sell, offer for sale or transfer to another 41 person any document purporting to be a certificate of birth or driver's 42 license. ; or43 (8) To do any act forbidden or fail to perform any act specified in this44 chapter.45 In addition to the misdemeanor penalties that may be imposed for violation 46 of the provisions of paragraphs (1) through (7) of this section, the court 47 upon conviction may enter an order directing the department to suspend the 48 driver's license, a permit to drive, privileges or any nonresident's driving 49 privileges for a period of ninety (90) days. A conviction under this section 50 shall not be used as a factor or considered in any manner for the purpose of 51 establishing rates of motor vehicle insurance charged by a casualty insurer, 52 nor shall such conviction be grounds for nonrenewal of any insurance policy as 53 provided in section 41-2507, Idaho Code. 4 1 SECTION 5. That Section 49-1501, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 49-1501. INFRACTION CITATION -- ISSUANCE. A peace officer or authorized 4 employee of the Idaho transportation department may issue an Idaho uniform 5 citation for any infraction specified inviolation of the provisions of chap- 6 ters 3, 4 and 6 through 9 of this title, or any other section of this title 7 for which an infraction penalty is specifically provided, in which he shall 8 certify that he has reasonable grounds to believe and does believe, that the 9 person cited committed the infraction contrary to law.
STATEMENT OF PURPOSE RS09930 This bill decriminalizes all misdemeanor offenses in chapter 3 (operator licenses) and chapter 4 (vehicle registration) of the Motor Vehicle Code, other than I.C. 49-301 which prohibits driving without a valid driver's license, I.C. 49-316 which requires an operator to carry an operator's license, I.C. 49-331 which prohibits the unlawful use of a drivers license, and I.C. 49-332 which prohibits the making of false affidavits, by converting these misdemeanors offenses, with the exceptions noted, to infraction offenses. A defendant charged with a misdemeanor offense is entitled to a jury trial to contest the charge. A person charged with an infraction is not entitled to a jury trial, but may defend against the charge before a judge in a court trial. In most cases, a defendant charged with an infraction mails a fine to the clerk of the court without having to appear before a judge. Jurors have expressed to presiding judges that jury trials on misdemeanors found in these chapters of the motor vehicle code do not constitute a productive use of a juror's time. Costly jury trials and court time could be saved if these violations may be cited as a simple infraction, and it is recommended as a matter of judicial economy. FISCAL NOTE This bill will have a favorable impact on county funds because of a reduction in jury costs and the time of court personnel, the amount of which is difficult to estimate. CONTACT: Representative Tom Moss (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 621