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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 - 2000
IN 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