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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 - 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
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