2001 Legislation
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HOUSE BILL NO. 63 – Vessel, DUI, child endanger/injury

HOUSE BILL NO. 63

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Daily Data Tracking History



H0063................................by JUDICIARY, RULES AND ADMINISTRATION
VESSELS - DRIVING UNDER INFLUENCE - Amends existing law to provide
penalties for causing endangerment or injury to a child while transporting
them in a vessel while under the influence of drugs or alcohol.
                                                                        
01/18    House intro - 1st rdg - to printing
01/19    Rpt prt - to Jud
02/02    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/07    3rd rdg - PASSED - 62-1-7
      AYES -- Barraclough, Barrett, Bedke, Bell, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Deal,
      Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
      Gould, Hadley, Harwood, Higgins, Hornbeck, Jaquet, Jones, Kellogg,
      Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, Meyer,
      Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
      Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Trail, Wheeler,
      Wood, Young,
      NAYS -- McKague
      Absent and excused -- Bieter, Crow, Cuddy, Hammond, Henbest, Tilman,
      Mr. Speaker
    Floor Sponsor -- Moss
    Title apvd - to Senate
02/08    Senate intro - 1st rdg - to Jud
02/13    Rpt out - rec d/p - to 2nd rdg
02/14    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 29-0-6
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Danielson, Darrington, Davis, Dunklin, Frasure, Goedde,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge,
      Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne,
      Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Cameron, Deide, Geddes, Noh, Stennett, Wheeler
    Floor Sponsor -- King-Barrutia
    Title apvd - to House
03/09    To enrol
03/12    Rpt enrol - Sp signed
03/13    Pres signed
03/14    To Governor
03/19    Governor signed
         Session Law Chapter 49
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 63
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INJURY TO CHILDREN; AMENDING SECTION 18-1501, IDAHO CODE, TO  PRO-
  3        VIDE  PENALTIES  FOR CERTAIN ADDITIONAL CIRCUMSTANCES CAUSING ENDANGERMENT
  4        OR INJURY TO A CHILD.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 18-1501, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        18-1501.  INJURY  TO  CHILDREN. (1) Any person who, under circumstances or
  9    conditions likely to produce great bodily harm or death, willfully  causes  or
 10    permits  any  child to suffer, or inflicts thereon unjustifiable physical pain
 11    or mental suffering, or having the care or custody  of  any  child,  willfully
 12    causes  or  permits the person or health of such child to be injured, or will-
 13    fully causes or permits such child to be placed in  such  situation  that  its
 14    person  or  health  is endangered, is punishable by imprisonment in the county
 15    jail not exceeding one (1) year, or in the state prison for not less than  one
 16    (1) year nor more than ten (10) years.
 17        (2)  Any  person  who,  under circumstances or conditions other than those
 18    likely to produce great bodily harm or death, willfully causes or permits  any
 19    child  to  suffer,  or  inflicts thereon unjustifiable physical pain or mental
 20    suffering, or having the care or custody of any  child,  willfully  causes  or
 21    permits  the person or health of such child to be injured, or willfully causes
 22    or permits such child to be placed in such situation that its person or health
 23    may be endangered, is guilty of a misdemeanor.
 24        (3)  A person over the age of eighteen (18) commits the crime of injury to
 25    a child if the person transports a minor in  a  motor  vehicle  or  vessel  as
 26    defined  in section 67-7003, Idaho Code, while under the influence of alcohol,
 27    intoxicating liquor, a controlled substance, or any  combination  thereof,  in
 28    violation  of  section 18-8004 or 67-7034, Idaho Code. Any person convicted of
 29    violating this subsection is guilty of a  misdemeanor.   If  a  child  suffers
 30    bodily  injury  or  death due to a violation of this subsection, the violation
 31    will constitute a felony punishable by imprisonment for not more than ten (10)
 32    years, unless a more severe penalty is otherwise prescribed by law.
 33        (4)  The practice of a parent or guardian who chooses for his child treat-
 34    ment by prayer or spiritual means alone shall not for  that  reason  alone  be
 35    construed to have violated the duty of care to such child.

Statement of Purpose / Fiscal Impact


                   STATEMENT OF PURPOSE

                         RS 10640


The purpose of this legislation is to provide
consistent penalties for intoxicated persons who transport
children, whether in a car, truck or vessel. Currently, it
is a felony to transport children on land while under the
influence of alcohol or drugs, but no law protects children
from identical conduct in a vessel.

A vessel is defined by current Idaho law as every type
of watercraft, including a seaplane, capable of being used
as a means of transportation, but does not include non-
motorized devices not designed as a means of transport, such
as air mattresses, inner tubes or beach and water toys.

                             
                       FISCAL IMPACT

This legislation has no direct impact on the general
fund.




ONTACT:  Idaho Sheriffs Association, Michael J. Kane

Phone:342-4545
                                      
STATEMENT OF PURPOSE / FISCAL IMPACT            H 63