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S1519................................................by JUDICIARY AND RULES
AGGRAVATED DRIVING UNDER THE INFLUENCE - Amends existing law to increase
the maximum sentence for aggravated driving under the influence.
02/22 Senate intro - 1st rdg - to printing
02/23 Rpt prt - to Jud
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Bunderson, Cameron, Danielson,
Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram,
Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Walton/Branch, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Burtenshaw, Crow
Floor Sponsor - Keough
Title apvd - to House
03/13 House intro - 1st rdg - to Jud
03/30 Rpt out - rec d/p - to 2nd rdg
03/31 2nd rdg - to 3rd rdg
04/04 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Crow,
Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Gould, Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler,
Wood, Zimmermann
NAYS -- None
Absent and excused -- Clark, Henbest, Mr Speaker
Floor Sponsor - Black
Title apvd - to Senate
To enrol - rpt enrol - Pres signed
04/05 Sp signed
04/06 To Governor
04/14 Governor signed
Session Law Chapter 356
Effective: 07/01/00
S1519
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1519
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO AGGRAVATED DRIVING UNDER THE INFLUENCE; AMENDING SECTION 18-8006,
3 IDAHO CODE, TO INCREASE THE MAXIMUM SENTENCE FOR AGGRAVATED DRIVING UNDER
4 THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER INTOXICATING SUBSTANCES.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 18-8006, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 18-8006. AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS
9 OR ANY OTHER INTOXICATING SUBSTANCES. (1) Any person causing great bodily
10 harm, permanent disability or permanent disfigurement to any person other than
11 himself in committing a violation of the provisions of section 18-8004(1)(a)
12 or (1)(c), Idaho Code, is guilty of a felony, and upon conviction:
13 (a) Shall be sentenced to the state board of correction for not to exceed
14 five (5) ten (10) years, provided that notwithstanding the provisions of
15 section 19-2601, Idaho Code, should the court impose any sentence other
16 than incarceration in the state penitentiary, the defendant shall be sen-
17 tenced to the county jail for a mandatory minimum period of not less than
18 thirty (30) days, the first forty-eight (48) hours of which must be con-
19 secutive; and further provided that notwithstanding the provisions of sec-
20 tion 18-111, Idaho Code, a conviction under this section shall be deemed a
21 felony;
22 (b) May be fined an amount not to exceed five thousand dollars ($5,000);
23 (c) Shall surrender his driver's license or permit to the court; and
24 (d) Shall have his driving privileges suspended by the court for a manda-
25 tory minimum period of one (1) year after release from imprisonment, and
26 may have his driving privileges suspended by the court for not to exceed
27 five (5) years after release from imprisonment, during which time he
28 shall have absolutely no driving privileges of any kind; and
29 (e) Shall be ordered by the court to pay restitution in accordance with
30 chapter 53, title 19, Idaho Code.
31 (2) Notwithstanding any other provision of law, any evidence of convic-
32 tion under this section shall be admissible in any civil action for damages
33 resulting from the occurrence. A conviction for the purposes of this section
34 means that the person has pled guilty or has been found guilty, notwithstand-
35 ing the form of the judgment(s) or withheld judgment(s).
STATEMENT OF PURPOSE
RS 10021
The purpose of this legislation is to provide judges the tools they may need to
sentence defendants who are convicted of aggravated DUI. This legislation
provides that a judge may impose a sentence of up to 10 years for an aggravated
DUI conviction. The current law allows up to 5 years.
FISCAL IMPACT
The legislation has the potential to add costs to our correctional system. However,
it is difficult to place a definitive dollar amount as sentences will still be left to the
discretion of district court judges.
Contact
Name: Senator Shawn Keough
Phone: 332-1340
Name: Molly Cox, Mothers Against Drunk Driving
Cell phone: 866-7505
STATEMENT OF PURPOSE/FISCAL NOTE S 1519