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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN 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 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