Print Friendly HOUSE BILL NO. 245 – Vessel, DUI, arrest
HOUSE BILL NO. 245
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H0245................................by JUDICIARY, RULES AND ADMINISTRATION
VESSELS - OPERATION UNDER INFLUENCE - Amends existing law to provide
authority to make an arrest when a person is charged with operating a
vessel under the influence of alcohol, intoxicating beverages or drugs; to
provide authority to make an arrest when a person operating a vessel fails
to stop or give information after an accident causing damage to a vessel or
other property; and to provide a definition.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
Rls susp - PASSED - 59-1-10
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bruneel, Callister, Campbell, Chase, Collins, Cuddy, Deal, Denney,
Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould,
Hadley, Hammond, Harwood, Henbest, Higgins, Kellogg, Kendell, Kunz,
Lake, Langford, Marley, McKague, Meyer, Montgomery, Moss, Moyle,
Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone,
Tilman, Trail, Wheeler, Wood, Young
NAYS -- Hornbeck
Absent and excused -- Bradford, Clark, Crow, Jaquet, Jones,
Loertscher, Mader, Mortensen, Swan, Mr. Speaker
Floor Sponsor --Ellsworth
Title apvd - to Senate
03/02 Senate intro - 1st rdg - to Jud
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 30-2-3
AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, King-Barrutia, Lee, Lodge,
Noh, Richardson, Risch, Schroeder, Sims, Sorensen, Stegner, Thorne,
NAYS --Keough, Whitworth
Absent and excused -- Sandy, Stennett, Wheeler
Floor Sponsor -- Stegner
Title apvd - to House
03/20 To enrol
03/21 Rpt enrol - Sp signed
03/22 To Governor
03/22 Governor signed
Session Law Chapter 113
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 245
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-1405, IDAHO CODE, TO PROVIDE
3 AUTHORITY TO MAKE AN ARREST WHEN A PERSON IS CHARGED WITH OPERATING A VES-
4 SEL UNDER THE INFLUENCE OF ALCOHOL, INTOXICATING BEVERAGES OR DRUGS OR
5 UPON FAILURE TO STOP OR GIVE INFORMATION AFTER AN ACCIDENT CAUSING DAMAGE
6 TO A VESSEL OR OTHER PROPERTY, TO DEFINE THE TERM "VESSEL" AND TO MAKE A
7 TECHNICAL CORRECTION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 49-1405, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 49-1405. ARRESTS FOR SERIOUS OFFENSES. (1) The authority to make an
12 arrest is the same as upon an arrest for a felony when any person is charged
13 with any of the following offenses:
14 (a) Negligent homicide.
15 (b) Driving, or being in actual physical control, of a vehicle or operat-
16 ing a vessel while under the influence of alcohol or other intoxicating
18 (c) Driving a vehicle or operating a vessel while under the influence of
19 any narcotic drug, or driving a vehicle or operating a vessel while under
20 the influence of any other drug to a degree which renders the person inca-
21 pable of safely driving a vehicle.
22 (d) Failure to stop, or failure to give information, or failure to render
23 reasonable assistance, in the event of an accident resulting in death or
24 personal injuries.
25 (e) Failure to stop, or failure to give information, in the event of an
26 accident resulting in damage to a vehicle or vessel or to fixtures or
27 other property legally upon or adjacent to a highway or waterway.
28 (f) Reckless driving.
29 (g) Fleeing or attempting to elude a peace officer.
30 (2) Whenever any person is arrested as authorized in this section, he
31 shall be taken without unnecessary delay before the proper magistrate as pro-
32 vided by law, except that in the case of either of the offenses designated in
33 paragraphs (1)(e), (f) and (g) of this section, a peace officer shall have the
34 same discretion as is provided by law.
35 (3) As used in this section, the term "vessel" shall be as defined in
36 section 67-7003, Idaho Code.
STATEMENT OF PURPOSE
This legislation will amend I.C. 49-1405, arrest for serious
offenses. It will allow officers to handle marine "Operating Under
the Influence" violations the same as the road counterpart of
"Driving Under the Influence," when the officer did not witness the
Currently, a marine officer cannot arrest a subject for OUI unless
the officer witnesses the violation. Operators who crash their
boats while intoxicated cannot be arrested for this violation
unless the officer actually saw the crash.
There will be no impact to the General Fund with this proposal.
There will be some impact in man-hours, travel and prisoner costs
to the County Sheriff's office and some similar costs to the
corresponding judicial district when an officer makes an arrest in
these type situations.
Name: Pat Beale, Idaho Dept. of Parks & Rec.
STATEMENT OF PURPOSE/FISCAL NOTE H 24