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S1379aa,aa...........................................by JUDICIARY AND RULES
DRIVING UNDER INFLUENCE - Amends existing law to impose mandatory minimum
jail sentences on repeat DUI offenders and to prohibit such offenders from
driving a vehicle which is not equipped with a functioning ignition
interlock device after the conclusion of the suspension period.
02/08 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Jud
02/17 Rpt out - to 14th Ord
02/22 Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/24 2nd rdg - to 3rd rdg as amen
02/28 Rpt out - to 14th Ord
03/03 Rpt out amen - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
03/07 2nd rdg - to 3rd rdg as amen
03/14 3rd rdg as amen - PASSED - 33-1-1
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Walton/Branch, Wheeler, Whitworth, Williams
NAYS--Hawkins
Absent and excused--Crow
Floor Sponsor - Ingram
Title apvd - to House
03/15 House intro - 1st rdg as amen - to Jud
03/22 Rpt out - rec d/p - to 2nd rdg as amen
03/23 2nd rdg - to 3rd rdg as amen
03/31 3rd rdg as amen - PASSED - 57-10-3
AYES -- Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell,
Chase, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29),
Henbest, Hornbeck, Jaquet, Jones(Jones), Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Linford, Mader, Marley, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ringo,
Robison, Sali, Sellman, Shepherd, Smith, Smylie, Stoicheff, Stone,
Taylor, Tilman, Trail, Zimmermann
NAYS -- Alltus, Barrett, Cheirrett, Crow, McKague, Ridinger,
Schaefer, Stevenson, Wheeler, Wood
Absent and excused -- Barraclough, Loertscher, Mr Speaker
Floor Sponsor - Smith
Title apvd - to Senate
04/03 To enrol
04/04 Rpt enrol - Pres signed - Sp signed
04/05 To Governor
04/12 Governor signed
Session Law Chapter 247
Effective: 10/01/00
S1379
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1379, As Amended, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO DRIVING UNDER THE INFLUENCE; AMENDING SECTION 18-8004A, IDAHO
3 CODE, TO REQUIRE THAT A PERSON UNDER TWENTY-ONE YEARS OF AGE WITH LESS
4 THAN AN 0.08 ALCOHOL CONCENTRATION CONVICTED OF DRIVING UNDER THE INFLU-
5 ENCE FOR A SECOND TIME BE SENTENCED TO A MANDATORY MINIMUM OF FIVE DAYS IN
6 JAIL, AS REQUIRED BY FEDERAL LAW, ABSOLUTE SUSPENSION OF DRIVING PRIVI-
7 LEGES FOR ONE YEAR AND SHALL BE PROHIBITED FROM DRIVING ANY MOTOR VEHICLE
8 NOT EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM AFTER THE SUSPENSION
9 PERIOD, AND TO REQUIRE A MANDATORY MINIMUM OF TEN DAYS IN JAIL, AS
10 REQUIRED BY FEDERAL LAW, AND DRIVING ONLY VEHICLES EQUIPPED WITH AN IGNI-
11 TION INTERLOCK SYSTEM AFTER THE SUSPENSION PERIOD UPON A THIRD CONVICTION;
12 AMENDING SECTION 18-8004C, IDAHO CODE, TO PROHIBIT A REPEAT OFFENDER WITH
13 EXCESSIVE ALCOHOL CONCENTRATION FROM DRIVING ANY VEHICLE NOT EQUIPPED WITH
14 AN IGNITION INTERLOCK SYSTEM AND TO MAKE A TECHNICAL CORRECTION; AMENDING
15 SECTION 18-8005, IDAHO CODE, TO REQUIRE THAT A PERSON CONVICTED OF DRIVING
16 UNDER THE INFLUENCE FOR A SECOND TIME SERVE A MINIMUM OF FIVE DAYS IN
17 JAIL, AS REQUIRED BY FEDERAL LAW, AND BE PROHIBITED FROM DRIVING ANY VEHI-
18 CLE NOT EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM AFTER THE SUSPENSION
19 PERIOD, AND TO REQUIRE THAT A PERSON CONVICTED FOR A THIRD TIME SERVE A
20 MANDATORY MINIMUM OF TEN DAYS IN JAIL, AS REQUIRED BY FEDERAL LAW, AND BE
21 PROHIBITED FROM DRIVING ANY VEHICLE NOT EQUIPPED WITH AN IGNITION INTER-
22 LOCK SYSTEM AFTER THE REQUIRED PERIOD OF SUSPENSION; AMENDING SECTION
23 18-8008, IDAHO CODE, TO REQUIRE THAT THE COURT ORDER AN INDIVIDUAL SEN-
24 TENCED AS A REPEAT DUI OFFENDER, WHILE OPERATING A MOTOR VEHICLE, TO DRIVE
25 ONLY A MOTOR VEHICLE EQUIPPED WITH A FUNCTIONING IGNITION INTERLOCK
26 DEVICE, TO PROVIDE FOR NOTICE THEREOF TO THE TRANSPORTATION DEPARTMENT AND
27 TO MAKE A TECHNICAL CORRECTION; AND PROVIDING AN EFFECTIVE DATE.
28 Be It Enacted by the Legislature of the State of Idaho:
29 SECTION 1. That Section 18-8004A, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 18-8004A. PENALTIES -- PERSONS UNDER 21 WITH LESS THAN 0.08 ALCOHOL CON-
32 CENTRATION. (1) Any person found guilty of a violation of subsection (1)(d) of
33 section 18-8004, Idaho Code, shall be guilty of a misdemeanor; and, for a
34 first offense:
35 (a) Shall be fined an amount not to exceed one thousand dollars ($1,000);
36 (b) Shall have his driving privileges suspended by the court for a period
37 of one (1) year, ninety (90) days of which shall not be reduced and dur-
38 ing which period absolutely no driving privileges of any kind may be
39 granted. After the period of absolute suspension of driving privileges
40 has passed, the defendant may request restricted driving privileges which
41 the court may allow, if the defendant shows by a preponderance of the evi-
42 dence that driving privileges are necessary as deemed appropriate by the
43 court;
2
1 (c) Shall be advised by the court in writing at the time of sentencing of
2 the penalties that will be imposed for any subsequent violation of the
3 provisions of this section or any violation of section 18-8004, Idaho
4 Code, which advice shall be signed by the defendant, and a copy retained
5 by the court and another copy retained by the prosecuting attorney;
6 (d) Shall be required to undergo an alcohol evaluation and otherwise com-
7 ply with the requirements of sections 18-8005(9) and 18-8005(12), Idaho
8 Code, as ordered by the court.
9 (2) Any person who pleads guilty to or is found guilty of a violation of
10 the provisions of subsection (1)(d) of section 18-8004, Idaho Code, who previ-
11 ously has been found guilty of or has pled guilty to a violation of section
12 18-8004(1)(d), Idaho Code, or any substantially conforming foreign criminal
13 violation, as defined in section 18-8005(8), Idaho Code, notwithstanding the
14 form of the judgment or withheld judgment, is guilty of a misdemeanor; and:
15 (a) May Shall be sentenced to jail for a mandatory minimum period of five
16 (5) days, as required by 23 U.S.C. section 164, not to exceed thirty (30)
17 days;
18 (b) Shall be fined an amount of not less than five hundred dollars ($500)
19 nor more than two thousand dollars ($2,000);
20 (c) Shall have his driving privileges suspended by the court for a period
21 not to exceed two (2) years, one hundred eighty (180) days one (1) year of
22 which shall be absolute and shall not be reduced and during which period
23 absolutely no driving privileges of any kind may be granted;
24 (d) Shall, while operating a motor vehicle, be required to drive only a
25 motor vehicle equipped with a functioning ignition interlock system, as
26 provided in section 18-8008, Idaho Code, following the mandatory one (1)
27 year license suspension period; and
28 (e) Shall be advised by the court in writing at the time of sentencing of
29 the penalties that will be imposed for subsequent violations of the provi-
30 sions of this section or section 18-8004, Idaho Code, which advice shall
31 be signed by the defendant, and a copy retained by the court and another
32 copy retained by the prosecuting attorney;
33 (ef) Shall undergo an alcohol evaluation and comply with the other
34 requirements of subsections (9) and (12) of section 18-8005, Idaho Code.
35 (3) Any person who pleads guilty to or is found guilty of a violation of
36 the provisions of subsection (1)(d) of section 18-8004, Idaho Code, who previ-
37 ously has been found guilty of or has pled guilty to two (2) or more viola-
38 tions of the provisions of section 18-8004(1)(d), Idaho Code, or any substan-
39 tially conforming foreign criminal violation, within five (5) years, notwith-
40 standing the form of the judgment or withheld judgment, shall be guilty of a
41 misdemeanor; and:
42 (a) May Shall be sentenced to jail for a mandatory minimum period of ten
43 (10) days, as required by 23 U.S.C. section 164, not to exceed six (6)
44 months;
45 (b) Shall be fined an amount of not less than one thousand dollars
46 ($1,000) nor more than two thousand dollars ($2,000);
47 (c) Shall surrender his driver's license or permit to the court;
48 (d) Shall have his driving privileges suspended by the court for a manda-
49 tory minimum period of one (1) year, during which period absolutely no
50 driving privileges of any kind may be granted, or until such person
51 reaches the age of twenty-one (21), whichever is greater; and
52 (e) Shall, while operating a motor vehicle, be required to drive only a
53 motor vehicle equipped with a functioning ignition interlock system, as
54 provided in section 18-8008, Idaho Code, following the mandatory one (1)
55 year license suspension period; and
3
1 (ef) Shall undergo an alcohol evaluation and comply with all other
2 requirements imposed by the court pursuant to sections 18-8005(9) and
3 18-8005(12), Idaho Code.
4 (4) All provisions of section 18-8005, Idaho Code, not otherwise in con-
5 flict with or provided for in this section shall apply to any sentencing
6 imposed under the provisions of this section.
7 (5) A person violating the provisions of section 18-8004(1)(d), Idaho
8 Code, may be prosecuted under title 16, Idaho Code.
9 SECTION 2. That Section 18-8004C, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 18-8004C. EXCESSIVE ALCOHOL CONCENTRATION -- PENALTIES. Notwithstanding
12 any provision of section 18-8005, Idaho Code, to the contrary:
13 (1) Any person who pleads guilty to or is found guilty of a violation of
14 the provisions of section 18-8004(1)(a), Idaho Code, for the first time, but
15 who has an alcohol concentration of 0.20, as defined in section 18-8004(4),
16 Idaho Code, or more, as shown by an analysis of his blood, breath or urine by
17 a test requested by a police officer, shall be guilty of a misdemeanor; and:
18 (a) Shall be sentenced to jail for a mandatory minimum period of not less
19 than ten (10) days the first forty-eight (48) hours of which must be con-
20 secutive, and may be sentenced to not more than one (1) year;
21 (b) May be fined an amount not to exceed two thousand dollars ($2,000);
22 (c) Shall be advised by the court in writing at the time of sentencing,
23 of the penalties that will be imposed for subsequent violations of the
24 provisions of this section and violations of section 18-8004, Idaho Code,
25 which advice shall be signed by the defendant, and a copy retained by the
26 court and another copy retained by the prosecuting attorney;
27 (d) Shall surrender his driver's license or permit to the court;
28 (e) Shall have his driving privileges suspended by the court for an addi-
29 tional mandatory minimum period of one (1) year after release from con-
30 finement, during which one (1) year period absolutely no driving privi-
31 leges of any kind may be granted; and
32 (2) Any person who pleads guilty to or is found guilty of a violation of
33 the provisions of section 18-8004, Idaho Code, and who has an alcohol concen-
34 tration of 0.20, as defined in section 18-8004(4), Idaho Code, or more, as
35 shown by an analysis of his blood, breath or urine by a test requested by a
36 police officer, and who previously has been found guilty of or has pled guilty
37 to one (1) or more violations of section 18-8004, Idaho Code, in which the
38 person had an alcohol concentration of 0.20 or more, or any substantially con-
39 forming foreign criminal violation wherein the defendant had an alcohol con-
40 centration of 0.20 or more, or any combination thereof, within five (5) years,
41 notwithstanding the form of judgment or withheld judgment shall be guilty of a
42 felony; and:
43 (a) Shall be sentenced to the custody of the state board of correction
44 for not to exceed five (5) years; provided that notwithstanding the provi-
45 sions of section 19-2601, Idaho Code, should the court impose any sentence
46 other than incarceration in the state penitentiary, the defendant shall be
47 sentenced to the county jail for a mandatory minimum period of not less
48 than thirty (30) days; and further provided that notwithstanding the pro-
49 visions of section 18-111, Idaho Code, a conviction under this section
50 shall be deemed a felony;
51 (b) May be fined an amount not to exceed five thousand dollars ($5,000);
52 (c) Shall surrender his driver's license or permit to the court; and
53 (d) Shall have his driving privileges suspended by the court for a manda-
4
1 tory minimum period of one (1) year after release from imprisonment, and
2 may have his driving privileges suspended by the court for not to exceed
3 five (5) years after release from imprisonment, during which time he shall
4 have absolutely no driving privileges of any kind; and
5 (e) Shall, while operating a motor vehicle, be required to drive only a
6 motor vehicle equipped with a functioning ignition interlock system, as
7 provided in section 18-8008, Idaho Code, following the mandatory license
8 suspension period.
9 (3) All the provisions of section 18-8005, Idaho Code, not in conflict
10 with or otherwise provided for in this section, shall apply to this section.
11 (4) Notwithstanding any other provision of law, any evidence of convic-
12 tion under this section shall be admissible in any civil action for damages
13 resulting from the occurrence. A conviction for the purposes of this section
14 means that the person has pled guilty or has been found guilty, notwithstand-
15 ing the form of the judgment or withheld judgment.
16 SECTION 3. That Section 18-8005, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 18-8005. PENALTIES. (1) Any person who pleads guilty to or is found
19 guilty of a violation of the provisions of section 18-8004(1)(a) or (5), Idaho
20 Code, for the first time is guilty of a misdemeanor; and, except as provided
21 in section 18-8004C, Idaho Code:
22 (a) May be sentenced to jail for not to exceed six (6) months;
23 (b) May be fined an amount not to exceed one thousand dollars ($1,000);
24 (c) Shall be advised by the court in writing at the time of sentencing of
25 the penalties that will be imposed for subsequent violations of the provi-
26 sions of section 18-8004, Idaho Code, which advice shall be signed by the
27 defendant, and a copy retained by the court and another copy retained by
28 the prosecuting attorney; and
29 (d) Shall have his driving privileges suspended by the court for a period
30 of thirty (30) days which shall not be reduced and during which thirty
31 (30) day period absolutely no driving privileges of any kind may be
32 granted. After the thirty (30) day period of absolute suspension of driv-
33 ing privileges has passed, the defendant shall have driving privileges
34 suspended by the court for an additional period of at least sixty (60)
35 days, not to exceed one hundred fifty (150) days during which the defend-
36 ant may request restricted driving privileges which the court may allow,
37 if the defendant shows by a preponderance of the evidence that driving
38 privileges are necessary for his employment or for family health needs.
39 (2) Any person who pleads guilty to or is found guilty of a violation of
40 the provisions of section 18-8004(1)(b), Idaho Code, for the first time is
41 guilty of a misdemeanor and subject to:
42 (a) The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and
43 (b) The provisions of section 49-335, Idaho Code.
44 (3) Any person who pleads guilty to or is found guilty of a violation of
45 the provisions of section 18-8004(1)(c), Idaho Code, for the first time, is
46 guilty of a misdemeanor and is subject to:
47 (a) The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and
48 (b) The provisions of section 49-335, Idaho Code.
49 (4) Any person who pleads guilty to or is found guilty of a violation of
50 the provisions of section 18-8004(1)(a), (b) or (c), Idaho Code, who previ-
51 ously has been found guilty of or has pled guilty to a violation of the provi-
52 sions of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially
53 conforming foreign criminal violation within five (5) years, notwithstanding
5
1 the form of the judgment(s) or withheld judgment(s), and except as provided in
2 section 18-8004C, Idaho Code, is guilty of a misdemeanor; and, except as pro-
3 vided in section 18-8004C, Idaho Code:
4 (a) Shall be sentenced to jail for a mandatory minimum period of not less
5 than ten (10) days the first forty-eight (48) hours of which must be con-
6 secutive, and five (5) days of which must be served in jail, as required
7 by 23 U.S.C. section 164, and may be sentenced to not more than one (1)
8 year, provided however, that in the discretion of the sentencing judge,
9 the judge may authorize the defendant to be assigned to a work detail pro-
10 gram within the custody of the county sheriff during the period of incar-
11 ceration;
12 (b) May be fined an amount not to exceed two thousand dollars ($2,000);
13 (c) Shall be advised by the court in writing at the time of sentencing,
14 of the penalties that will be imposed for subsequent violations of the
15 provisions of section 18-8004, Idaho Code, which advice shall be signed by
16 the defendant, and a copy retained by the court and another copy retained
17 by the prosecuting attorney;
18 (d) Shall surrender his driver's license or permit to the court;
19 (e) Shall have his driving privileges suspended by the court for an addi-
20 tional mandatory minimum period of one (1) year after release from con-
21 finement, during which one (1) year period absolutely no driving privi-
22 leges of any kind may be granted; and
23 (f) Shall, while operating a motor vehicle, be required to drive only a
24 motor vehicle equipped with a functioning ignition interlock system, as
25 provided in section 18-8008, Idaho Code, following the one (1) year manda-
26 tory license suspension period.
27 (g) If the person has pled guilty or was found guilty for the second time
28 within five (5) years of a violation of the provisions of section
29 18-8004(1)(b) or (c), Idaho Code, then the provisions of section 49-335,
30 Idaho Code, shall apply.
31 (5) Except as provided in section 18-8004C, Idaho Code, any person who
32 pleads guilty to or is found guilty of a violation of the provisions of sec-
33 tion 18-8004(1)(a), (b) or (c), Idaho Code, who previously has been found
34 guilty of or has pled guilty to two (2) or more violations of the provisions
35 of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially con-
36 forming foreign criminal violation, or any combination thereof, within five
37 (5) years, notwithstanding the form of the judgment(s) or withheld
38 judgment(s), shall be guilty of a felony; and
39 (a) Shall be sentenced to the custody of the state board of correction
40 for not to exceed five (5) years; provided that notwithstanding the provi-
41 sions of section 19-2601, Idaho Code, should the court impose any sentence
42 other than incarceration in the state penitentiary, the defendant shall be
43 sentenced to the county jail for a mandatory minimum period of not less
44 than thirty (30) days, the first forty-eight (48) hours of which must be
45 consecutive, and ten (10) days of which must be served in jail, as
46 required by 23 U.S.C. section 164; and further provided that notwithstand-
47 ing the provisions of section 18-111, Idaho Code, a conviction under this
48 section shall be deemed a felony;
49 (b) May be fined an amount not to exceed five thousand dollars ($5,000);
50 (c) Shall surrender his driver's license or permit to the court; and
51 (d) Shall have his driving privileges suspended by the court for a manda-
52 tory minimum period of one (1) year after release from imprisonment, and
53 may have his driving privileges suspended by the court for not to exceed
54 five (5) years after release from imprisonment, during which time he shall
55 have absolutely no driving privileges of any kind; and
6
1 (e) Shall, while operating a motor vehicle, be required to drive only a
2 motor vehicle equipped with a functioning ignition interlock system, as
3 provided in section 18-8008, Idaho Code, following the mandatory one (1)
4 year license suspension period.
5 (6) For the purpose of computation of the enhancement period in subsec-
6 tions (4), (5) and (7) of this section, the time that elapses between the date
7 of commission of the offense and the date the defendant pleads guilty or is
8 found guilty for the pending offense shall be excluded. If the determination
9 of guilt against the defendant is reversed upon appeal, the time that elapsed
10 between the date of the commission of the offense and the date the defendant
11 pleads guilty or is found guilty following the appeal shall also be excluded.
12 (7) Notwithstanding the provisions of subsections (4) and (5) of this
13 section, any person who has pled guilty or has been found guilty of a felony
14 violation of the provisions of section 18-8004, Idaho Code, a felony violation
15 of the provisions of section 18-8004C, Idaho Code, a violation of the provi-
16 sions of section 18-8006, Idaho Code, or a violation of the provisions of sec-
17 tion 18-4006 3.(b), Idaho Code, and within ten (10) years pleads guilty or is
18 found guilty of a further violation of the provisions of section 18-8004,
19 Idaho Code, shall be guilty of a felony and shall be sentenced pursuant to
20 subsection (5) of this section.
21 (8) For the purpose of subsections (4) and (5) of this section and the
22 provisions of section 18-8004C, Idaho Code, a substantially conforming foreign
23 criminal violation exists when a person has pled guilty to or has been found
24 guilty of a violation of any federal law or law of another state, or any valid
25 county, city, or town ordinance of another state substantially conforming to
26 the provisions of section 18-8004, Idaho Code. The determination of whether a
27 foreign criminal violation is substantially conforming is a question of law to
28 be determined by the court.
29 (9) Any person who pleads guilty to or is found guilty of a violation of
30 the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code, shall
31 undergo, at his own expense, (or at county expense through the procedures set
32 forth in chapters 34 and 35, title 31, Idaho Code,) and prior to the sentenc-
33 ing date, an alcohol evaluation by an alcohol evaluation facility approved by
34 the Idaho department of health and welfare. In the event the alcohol evalua-
35 tion indicates the need for alcohol treatment, the evaluation shall contain a
36 recommendation by the evaluator as to the most appropriate treatment program,
37 together with the estimated cost thereof, and recommendations for other suit-
38 able alternative treatment programs, together with the estimated costs
39 thereof. The person shall request that a copy of the completed evaluation be
40 forwarded to the court. The court shall take the evaluation into consideration
41 in determining an appropriate sentence. If a copy of the completed evaluation
42 has not been provided to the court, the court may proceed to sentence the
43 defendant; however, in such event, it shall be presumed that alcohol treatment
44 is required unless the defendant makes a showing by a preponderance of evi-
45 dence that treatment is not required. If the defendant has not made a good
46 faith effort to provide the completed copy of the evaluation to the court, the
47 court may consider the failure of the defendant to provide the report as an
48 aggravating circumstance in determining an appropriate sentence. If treatment
49 is ordered, in no event shall the person or facility doing the evaluation be
50 the person or facility that provides the treatment unless this requirement is
51 waived by the sentencing court, with the exception of federally recognized
52 Indian tribes or federal military installations, where diagnosis and treatment
53 are appropriate and available. Nothing herein contained shall preclude the use
54 of funds authorized pursuant to the provisions of chapter 3, title 39, Idaho
55 Code, for court-ordered alcohol treatment for indigent defendants.
7
1 (10) At the time of sentencing, the court shall be provided with the fol-
2 lowing information:
3 (a) The results, if administered, of any evidentiary test for alcohol
4 and/or drugs;
5 (b) A computer or teletype or other acceptable copy of the person's driv-
6 ing record;
7 (c) Information as to whether the defendant has pled guilty to or been
8 found guilty of violation of the provisions of section 18-8004, 18-8004C
9 or 18-8006, Idaho Code, or a similar offense within the past five (5)
10 years, notwithstanding the form of the judgment(s) or withheld
11 judgment(s); and
12 (d) The alcohol evaluation required in subsection (9) of this section, if
13 any.
14 (11) A minor may be prosecuted for a violation of the provisions of sec-
15 tion 18-8004 or 18-8004C, Idaho Code, under chapter 5, title 20, Idaho Code.
16 In addition to any other penalty, if a minor pleads guilty to or is found
17 guilty of a violation of the provisions of section 18-8004(1)(a), (b) or (c)
18 or 18-8004C, Idaho Code, he shall have his driving privileges suspended or
19 denied for an additional one (1) year following the end of any period of sus-
20 pension or revocation existing at the time of the violation, or until he
21 reaches the age of twenty-one (21) years, whichever period is greater. During
22 the period of additional suspension or denial, absolutely no driving privi-
23 leges shall be allowed.
24 (12) In the event that the alcohol evaluation required in subsection (9)
25 of this section recommends alcohol treatment, the court shall order the person
26 to complete a treatment program in addition to any other sentence which may be
27 imposed, unless the court determines that alcohol treatment would be inappro-
28 priate or undesirable, in which event, the court shall enter findings articu-
29 lating the reasons for such determination on the record. The court shall order
30 the defendant to complete the preferred treatment program set forth in the
31 evaluation, or a comparable alternative, unless it appears that the defendant
32 cannot reasonably obtain adequate financial resources for such treatment. In
33 that event, the court may order the defendant to complete a less costly alter-
34 native set forth in the evaluation, or a comparable program. Such treatment
35 shall, to the greatest extent possible, be at the expense of the defendant. In
36 the event that funding is provided for or on behalf of the defendant by an
37 entity of state government, restitution shall be ordered to such governmental
38 entity in accordance with the restitution procedure for crime victims, as
39 specified under chapter 53, title 19, Idaho Code. Nothing contained herein
40 shall be construed as requiring a court to order that a governmental entity
41 shall provide alcohol treatment at government expense unless otherwise
42 required by law.
43 (13) Any person who is disqualified shall not be granted restricted driv-
44 ing privileges to operate a commercial motor vehicle.
45 SECTION 4. That Section 18-8008, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 18-8008. IGNITION INTERLOCKS -- ELECTRONIC MONITORING DEVICES. (1) If a
48 person is convicted, is found guilty, pleads guilty or receives a withheld
49 judgment for violating any of the provisions of this chapter and has had any
50 or all of a sentence or fine suspended for the violation, the court, in its
51 discretion, may impose any, some, or all of the sanctions proved provided for
52 in this section in addition to any other penalty or fine imposed pursuant to
53 this chapter.
8
1 (2) The court may shall order the person while operating a motor vehicle
2 to drive only a motor vehicle equipped with a functioning ignition interlock
3 device, and the restriction shall be for a period not in excess of the time
4 the person is on probation for the offense. The court shall establish a spe-
5 cific calibration setting at which the ignition interlock device will prevent
6 the motor vehicle from being started and the period of time that the person
7 shall be subject to the restriction. As used in this section, the term
8 "ignition interlock device" means breath alcohol analyzed ignition equipment,
9 certified by the transportation department, designed to prevent a motor vehi-
10 cle from being operated by a person who has consumed an alcoholic beverage.
11 The transportation department shall by rule and regulation provide standards
12 for the certification, installation, repair and removal of the devices. If
13 tThe court imposes a sanction pursuant to this subsection, it shall notify the
14 transportation department of its order imposing a sanction pursuant to this
15 subsection. The department shall attach or imprint a notation on the driver's
16 license or other document granting the person restricted driving privileges of
17 any person restricted under this subsection that the person may operate only a
18 motor vehicle equipped with an ignition interlock device.
19 (3) The court may order the person to use electronic monitoring devices
20 to record the person's movements if as a condition of probation the person has
21 been given restricted driving privileges between certain times, has been
22 placed under a curfew or has been ordered confined to his residence during
23 times certain. Nothing in this subsection shall restrict the court's usage of
24 electronic monitoring devices to supervise a defendant on probation for other
25 offenses.
26 (4) If a court orders a defendant to use an ignition interlock device or
27 electronic monitoring device pursuant to this section, and the court, or its
28 probation department, furnishes the defendant with the device, the court may
29 order the defendant to pay a reasonable fee for utilizing the equipment. All
30 fees collected pursuant to this section shall be in addition to any other
31 fines or penalty provided by law and shall be deposited in the court interlock
32 device and electronic monitoring device fund created in section 18-8010, Idaho
33 Code.
34 SECTION 5. This act shall be in full force and effect on and after Octo-
35 ber 1, 2000.
AS1379
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Ingram
Seconded by Darrington
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1379
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, in line 14, following "days," insert: "as
3 required by 23 U.S.C. section 164,"; and in line 40, following "days," insert:
4 "as required by 23 U.S.C. section 164,".
5 AMENDMENTS TO SECTION 3
6 On page 5, in line 2, following "jail," insert: "as required by 23 U.S.C.
7 section 164,"; and in line 40, following "jail" insert: ", as required by 23
8 U.S.C. section 164".
9 CORRECTIONS TO TITLE
10 On page 1, in line 6, following "JAIL," insert: "AS REQUIRED BY FEDERAL
11 LAW,"; in line 9, following "JAIL" insert: ", AS REQUIRED BY FEDERAL LAW,"; in
12 line 16, following "JAIL," insert: "AS REQUIRED BY FEDERAL LAW,"; and in line
13 19, following "JAIL" insert: ", AS REQUIRED BY FEDERAL LAW,".
Moved by Frasure
Seconded by Richardson
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1379, As Amended
14 AMENDMENTS TO SECTION 1
15 On page 2 of the engrossed bill, in line 24, following "(d)" delete the
16 remainder of the line and all of line 25, and insert: "Shall, while operating
17 a motor vehicle, be required to drive only a motor vehicle equipped with a
18 functioning ignition interlock system, as provided in"; and in line 52, fol-
19 lowing "(e)" delete the remainder of the line and all of line 53, and insert:
20 "Shall, while operating a motor vehicle, be required to drive only a motor
21 vehicle equipped with a functioning ignition interlock system, as provided
22 in".
23 AMENDMENTS TO SECTION 2
24 On page 4, in line 5, following "(e)" delete the remainder of the line and
25 all of line 6, and insert: "Shall, while operating a motor vehicle, be
26 required to drive only a motor vehicle equipped with a functioning ignition
27 interlock system, as provided in".
28 AMENDMENTS TO SECTION 3
29 On page 5, in line 23, following "(f)" delete the remainder of the line
30 and all of line 24, and insert: "Shall, while operating a motor vehicle, be
31 required to drive only a motor vehicle equipped with a functioning ignition
32 interlock system, as provided in"; and on page 6, in line 1, following "(e)"
|||
2
1 delete the remainder of the line and all of line 2, and insert: "Shall, while
2 operating a motor vehicle, be required to drive only a motor vehicle equipped
3 with a functioning ignition interlock system, as provided in".
4 AMENDMENTS TO SECTION 4
5 On page 7, in line 53, following "chapter." delete the remainder of the
6 line; on page 8, delete lines 1 through 3, and in line 4, delete "may" and
7 insert: "may shall".
8 CORRECTIONS TO TITLE
9 On page 1, in line 7, delete "MANDATORY INSTALLATION OF" and insert:
10 "SHALL BE PROHIBITED FROM DRIVING ANY MOTOR VEHICLE NOT EQUIPPED WITH"; and
11 in line 8, delete "ON EACH OF THE PERSON'S MOTOR VEHICLES"; in line 10, delete
12 "MANDATORY INSTALLATION OF" and insert: "DRIVING ONLY VEHICLES EQUIPPED WITH";
13 in line 12, following "TO" delete the remainder of the line, in line 13,
14 delete "INTERLOCK SYSTEM ON EACH VEHICLE OF" and insert: "PROHIBIT"; and in
15 line 14, following "CONCENTRATION" insert: "FROM DRIVING ANY VEHICLE NOT
16 EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM"; in line 17, delete "MANDATORY
17 INSTALLATION OF" and insert: "BE PROHIBITED FROM DRIVING ANY VEHICLE NOT
18 EQUIPPED WITH", and in line 18, delete "ON EACH OF THE PERSON'S MOTOR VEHI-
19 CLES"; in line 21, delete "SUBJECT TO MANDATORY INSTALLATION OF" and insert:
20 "PROHIBITED FROM DRIVING ANY VEHICLE NOT EQUIPPED WITH" and also in line 21,
21 delete "ON EACH"; and in line 22, delete "OF THE PERSON'S MOTOR VEHICLES";
22 delete line 24, in line 25, delete "BY" and following "OFFENDER," insert:
23 "WHILE OPERATING A MOTOR VEHICLE, TO DRIVE ONLY A MOTOR VEHICLE EQUIPPED WITH
24 A FUNCTIONING IGNITION INTERLOCK DEVICE,".
STATEMENT OF PURPOSE
RS09748
This legislation would amend Section 18-8008, Idaho Code, to bring Idaho's
ignition interlock law into compliance with federal code, amend Section 18-
8004A to include a mandatory license suspension of one year, and amend
Sections 18-8004A, 18-8004C and 18-8005 to include a mandatory minimum jail
sentence. Federal law specifies minimum penalties for repeat DUI offenders,
including impoundment of a repeat offender's motor vehicles or the installation of
an ignition interlock on each of the offender's motor vehicles. Idaho does not have
a vehicle impoundment law for repeat offenders and our ignition interlock law
does not currently meet federal requirements. Since Idaho already has an ignition
interlock law, we request an amendment to the existing ignition interlock law
(Section 18-8008, Idaho Code) to require installation of an ignition interlock to
comply with the federal provisions.
FISCAL IMPACT
States that do not have the provisions set forth in this legislation will be subject to
the transfer of highway construction funds to the Section 402 highway safety or
state Hazard Elimination programs, beginning in FFY 2001. The approximate
amounts transferred in Idaho would be as follows:
FFY 2001 - $2,016,750
FFY 2002 - $2,053,830
FFY 2003 - $4,211,190 *Based on FHWA apportionment tables of
6/4/98
TOTAL - $8,281,770*
In addition, Section 18-8008(2), Idaho Code, requires the transportation
department to provide standards, including certification for ignition interlock
systems. Should an ignition interlock program become mandatory, the Office of
Highway Safety would require a temporary technical records specialist to
administer start up activities of a statewide program. The position would be
funded by-an internal shift from current group costs within the Division of
Highways.
There is also the potential of a fiscal impact on the misdemeanor probation
system. The impact can not be quantified at this time.
CONTACT
Name: Jo Ann Moore, Manager, office of Highway Safety
Agency: Idaho Transportation Department
Phone: 334-8101
Statement of Purpose/Fiscal Impact S 1379