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H0620aa..............................by JUDICIARY, RULES AND ADMINISTRATION
VEHICULAR MANSLAUGHTER - Amends existing law to provide a maximum fine and
sentence for certain types of manslaughter involving the commission of
certain violations involving alcohol, drugs or other intoxicating
substances.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
03/04 Rpt out - to Gen Ord
03/05 Rpt out amen - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 43-23-4
AYES -- Aikele, Barraclough, Bell, Black, Block, Boe, Bolz, Bradford,
Bruneel, Callister, Campbell, Clark, Cuddy, Ellis, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Jaquet, Jones, Kendell, Kunz, Lake, Langford, Mader, Mortensen,
Pischner, Pomeroy, Raybould, Sali, Schaefer, Sellman, Shepherd,
Smith(33), Stevenson, Stone, Trail, Young
NAYS -- Barrett, Bedke, Collins, Crow, Deal, Denney, Eskridge,
Hornbeck, Loertscher, Martinez, McKague, Meyer, Moyle, Pearce,
Ridinger, Roberts, Robison, Smith(23), Smylie, Tilman, Wheeler, Wood,
Mr. Speaker
Absent and excused -- Bieter, Ellsworth, Kellogg(Duncan), Montgomery
Floor Sponsor - Young
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Jud
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 20-11-4
AYES -- Andreason, Bunderson, Cameron, Darrington, Davis, Dunklin,
Frasure, Geddes, Goedde, Ipsen, Keough, King-Barrutia, Little, Lodge,
Risch, Sandy, Stegner, Thorne, Wheeler, Williams
NAYS -- Boatright, Branch(Bartlett), Brandt, Burtenshaw, Deide,
Hawkins, Hill, Marley, Noh, Schroeder, Sims
Absent and excused -- Ingram, Richardson, Sorenson, Stennett
Floor Sponsor - Bunderson
Title apvd - to House
03/15 To enrol - rpt enrol - Sp signed
Pres signed
03/15 To Governor
03/27 Governor signed
Session Law Chapter 356
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 620
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE PUNISHMENT FOR MANSLAUGHTER; AMENDING SECTION 18-4007, IDAHO
3 CODE, TO INCREASE THE MAXIMUM FINE AND SENTENCE FOR VEHICULAR MANSLAUGHTER
4 AND TO MAKE A TECHNICAL CORRECTION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 18-4007, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 18-4007. PUNISHMENT FOR MANSLAUGHTER. Manslaughter is punishable as fol-
9 lows:
10 1. Voluntary--by a fine of not more than fifteen thousand dollars
11 ($15,000), or by a sentence to the custody of the state board of correction
12 not exceeding fifteen (15) years, or by both such fine and imprisonment.
13 2. Involuntary--by a fine of not more than ten thousand dollars
14 ($10,000), or by a sentence to the custody of the state board of correction
15 not exceeding ten (10) years, or by both such fine and imprisonment.
16 3. Vehicular--in the operation of a motor vehicle:
17 (a) For a violation of section 18-4006 3. (a) or (b), Idaho Code, by a
18 fine of not more than ten fifteen thousand dollars ($105,000), or by a
19 sentence to the custody of the state board of correction not exceeding ten
20 fifteen (105) years, or by both such fine and imprisonment.
21 (b) For a violation of section 18-4006 3. (c), Idaho Code, by a fine of
22 not more than two thousand dollars ($2,000), or by a jail sentence not
23 exceeding one (1) year, or by both such fine and jail sentence.
24 (c) In addition to the foregoing, any person convicted of a violation of
25 section 18-4006 3., Idaho Code, which resulted in the death of the parent
26 or parents of minor children may be ordered by the court to pay support
27 for each such minor child until the child reaches the age of eighteen (18)
28 years. Support shall be established in accordance with the child support
29 guidelines then in effect, and the nonpayment of such support shall be
30 subject to enforcement and collection by the surviving parent or guardian
31 of the child in the same manner that other child support orders are
32 enforced as provided by law. In no event shall the child support judgment
33 or order imposed by the court under this section be paid or indemnified by
34 the proceeds of any liability insurance policy.
35 (d) In addition to the foregoing, the driver's license of any person con-
36 victed of a violation of section 18-4006 3., Idaho Code, may be suspended
37 for a time determined by the court.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Young
Seconded by Sali
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 620
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, following line 16, insert:
3 "(a) For a violation of section 18-4006 3. (a), Idaho Code, by a fine of
4 not more than ten thousand dollars ($10,000), or by a sentence to the cus-
5 tody of the state board of correction not exceeding ten (10) years, or by
6 both such fine and imprisonment.";
7 in line 17, delete the first "(a)" and insert: "(ab)"; and also in line 17,
8 following "3." delete "(a) or" an insert: "(a) or"; in line 21, delete "(b)"
9 and insert: "(bc)"; in line 24, delete "(c)" and insert: "(cd)"; and in line
10 35, delete "(d)" and insert: "(de)".
11 CORRECTIONS TO TITLE
12 On page 1, in line 3, following "TO" insert: "PROVIDE FOR A MAXIMUM FINE
13 AND SENTENCE FOR CERTAIN TYPES OF VEHICULAR MANSLAUGHTER, TO"; and also in
14 line 3, following "MANSLAUGHTER" insert: "INVOLVING THE COMMISSION OF CERTAIN
15 VIOLATIONS INVOLVING ALCOHOL, DRUGS OR OTHER INTOXICANTS".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 620, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE PUNISHMENT FOR MANSLAUGHTER; AMENDING SECTION 18-4007, IDAHO
3 CODE, TO PROVIDE FOR A MAXIMUM FINE AND SENTENCE FOR CERTAIN TYPES OF
4 VEHICULAR MANSLAUGHTER, TO INCREASE THE MAXIMUM FINE AND SENTENCE FOR
5 VEHICULAR MANSLAUGHTER INVOLVING THE COMMISSION OF CERTAIN VIOLATIONS
6 INVOLVING ALCOHOL, DRUGS OR OTHER INTOXICANTS AND TO MAKE A TECHNICAL COR-
7 RECTION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 18-4007, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 18-4007. PUNISHMENT FOR MANSLAUGHTER. Manslaughter is punishable as fol-
12 lows:
13 1. Voluntary--by a fine of not more than fifteen thousand dollars
14 ($15,000), or by a sentence to the custody of the state board of correction
15 not exceeding fifteen (15) years, or by both such fine and imprisonment.
16 2. Involuntary--by a fine of not more than ten thousand dollars
17 ($10,000), or by a sentence to the custody of the state board of correction
18 not exceeding ten (10) years, or by both such fine and imprisonment.
19 3. Vehicular--in the operation of a motor vehicle:
20 (a) For a violation of section 18-4006 3. (a), Idaho Code, by a fine of
21 not more than ten thousand dollars ($10,000), or by a sentence to the cus-
22 tody of the state board of correction not exceeding ten (10) years, or by
23 both such fine and imprisonment.
24 (ab) For a violation of section 18-4006 3. (a) or (b), Idaho Code, by a
25 fine of not more than ten fifteen thousand dollars ($105,000), or by a
26 sentence to the custody of the state board of correction not exceeding ten
27 fifteen (105) years, or by both such fine and imprisonment.
28 (bc) For a violation of section 18-4006 3. (c), Idaho Code, by a fine of
29 not more than two thousand dollars ($2,000), or by a jail sentence not
30 exceeding one (1) year, or by both such fine and jail sentence.
31 (cd) In addition to the foregoing, any person convicted of a violation of
32 section 18-4006 3., Idaho Code, which resulted in the death of the parent
33 or parents of minor children may be ordered by the court to pay support
34 for each such minor child until the child reaches the age of eighteen (18)
35 years. Support shall be established in accordance with the child support
36 guidelines then in effect, and the nonpayment of such support shall be
37 subject to enforcement and collection by the surviving parent or guardian
38 of the child in the same manner that other child support orders are
39 enforced as provided by law. In no event shall the child support judgment
40 or order imposed by the court under this section be paid or indemnified by
41 the proceeds of any liability insurance policy.
42 (de) In addition to the foregoing, the driver's license of any person
43 convicted of a violation of section 18-4006 3., Idaho Code, may be sus-
2
1 pended for a time determined by the court.
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STATEMENT OF PURPOSE
RS 11536
This legislation seeks to amend section 18-4007 of the Idaho Code to
increase the maximum fine and sentence for vehicular manslaughter to
make the penalties consistent with other drunk driving statutes. The
penalties will increase with the severity of the crime. This
legislation seeks to help keep the citizens of Idaho safer, provide
judges and the Department of Corrections with the opportunity to keep
offenders in custody to help with successful rehabilitation. The
legislation also seeks to assist families of victims with their
healing process.
FISCAL IMPACT
The average length of stay in prison is estimated to increase by 14
months, to an average length of stay of 4.55 years from 3.38 years.
The cost per day in FY 2001 to house an offender in Idaho was $53.00,
or $19,345 per year. Increasing the maximum sentence will impact the
state s General Fund beginning in FY 2006 by $212,800, for a total
increase of $269,400 in FY 2007. The increased cost per offender
sentenced under this proposed change is $22,600. Fiscal impact is
also a function of the discretion of sentencing judges.
Contact
Name: Representative Gary Young
Phone: 332-1000
Representative Tom Trail 332-1000
Molly Cox, MADD
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. 620