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S1281................................................by JUDICIARY AND RULES
DRUGS - POSSESSION - Amends existing law to clarify that certain penalties
relating to the use or possession of drugs or drug paraphernalia apply only
to persons under eighteen years of age.
01/15 Senate intro - 1st rdg - to printing
01/16 Rpt prt - to Jud
01/24 Rpt out - rec d/p - to 2nd rdg
01/25 2nd rdg - to 3rd rdg
01/28 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne(Thorne), Wheeler, Williams
NAYS -- None
Absent and excused -- Branch, Sims
Floor Sponsor - Lodge
Title apvd - to House
01/29 House intro - 1st rdg - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 60-0-10
AYES -- Aikele, Barraclough, Barrett, Bedke, Bieter, Black, Block,
Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins,
Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gould, Hadley, Hammond, Henbest, Higgins, Hornbeck, Jaquet, Jones,
Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Martinez,
Meyer, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
Robison, Sali, Sellman, Shepherd, Smith(33), Smith(23), Smylie,
Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Bell, Crow, Deal, Gagner, Harwood, Mader,
McKague, Montgomery, Mortensen, Schaefer
Floor Sponsor - Clark
Title apvd - to Senate
03/07 To enrol
03/08 Rpt enrol - Pres signed
03/11 Sp signed
03/12 To Governor
03/21 Governor signed
Session Law Chapter 184
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1281
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE POSSESSION OR USE OF DRUGS OR DRUG PARAPHERNALIA BY MINORS;
3 AMENDING SECTION 18-1502C, IDAHO CODE, TO CLARIFY THAT CERTAIN PENALTIES
4 RELATING TO THE USE OR POSSESSION OF DRUGS OR DRUG PARAPHERNALIA APPLY
5 ONLY TO PERSONS UNDER 18 YEARS OF AGE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 18-1502C, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 18-1502C. POSSESSION OF MARIJUANA OR DRUG PARAPHERNALIA BY A MINOR -- USE
10 OF CONTROLLED SUBSTANCES -- FINES. (1) Any person under eighteen (18) years of
11 age who shall have in his possession any marijuana as defined in section
12 37-2701(s), Idaho Code, which would constitute a misdemeanor for an adult so
13 charged, or who shall have in his possession any drug paraphernalia as defined
14 in section 37-2701(n), Idaho Code, or who shall unlawfully use or be under the
15 influence of controlled substances in violation of the provisions of section
16 37-2732C, Idaho Code, shall be guilty of a misdemeanor, and upon conviction,
17 may be punished by a fine not in excess of one thousand dollars ($1,000) or by
18 ninety (90) days in a juvenile detention facility or by both or may be subject
19 to the provisions of chapter 5, title 20, Idaho Code. If the juvenile is adju-
20 dicated under the provisions of chapter 5, title 20, Idaho Code, for a viola-
21 tion of this section he shall be sentenced in accordance with the provisions
22 of chapter 5, title 20, Idaho Code. The juvenile shall be adjudicated under
23 chapter 5, title 20, Idaho Code, for a violation of section 37-2732C, Idaho
24 Code, unless the court finds that adjudication under chapter 5, title 20,
25 Idaho Code, is not appropriate in the circumstances.
26 (2) A conviction under this section shall not be used as a factor or con-
27 sidered in any manner for the purpose of establishing rates of motor vehicle
28 insurance charged by a casualty insurer, nor shall such conviction be grounds
29 for nonrenewal of any insurance policy as provided in section 41-2507, Idaho
30 Code.
31 (3) Any person who pleads guilty or is found guilty of possession of mar-
32 ijuana pursuant to this section, or any person under eighteen (18) years of
33 age who pleads guilty or is found guilty of a violation of section 37-2732C,
34 Idaho Code, then in addition to the penalty provided in subsection (1) of this
35 section:
36 (a) The court shall suspend the person's driving privileges for a period
37 of not more than one (1) year. The person may request restricted driving
38 privileges during the period of suspension, which the court may allow, if
39 the person shows by a preponderance of the evidence that driving privi-
40 leges are necessary as deemed appropriate by the court.
41 (b) If the person's driving privileges have been previously suspended
42 under this section, the court shall suspend the person's driving privi-
43 leges for a period of not more than two (2) years. The person may request
2
1 restricted driving privileges during the period of suspension, which the
2 court may allow, if the person shows by a preponderance of the evidence
3 that driving privileges are necessary as deemed appropriate by the court.
4 (c) The person shall surrender his license or permit to the court.
5 (d) The court shall notify the motor vehicle division of the Idaho trans-
6 portation department of all orders of suspension it issues pursuant to
7 this section.
8 (4) The court, in its discretion, may also order the person convicted of
9 possession of marijuana under subsection (1) of this section, or a person
10 under eighteen (18) years of age who has been convicted of using or being
11 under the influence of a controlled substance in violation of section
12 37-2732C, Idaho Code, to undergo and complete a substance abuse evaluation and
13 to complete a drug treatment program, as provided in section 37-2738(2), Idaho
14 Code.
STATEMENT OF PURPOSE
RS11522
This bill is one of a series of bills that the Supreme Court has
recommended in its annual report to the Governor concerning defects
or omissions in the laws, as required under article V, section 25 of
the Idaho Constitution.
This bill amends section 18-1502C, Idaho Code, relating to the
possession of marijuana or drug paraphernalia by minors, to clarify
the age of persons who may be required to undergo a substance abuse
evaluation or whose drivers licenses may be suspended for a violation
of section 37- 2732C, Idaho Code. Section 37-2732C prohibits any
person from using or being under the influence of a controlled
substance on a public roadway, public conveyance, public property,
or private property open to the public.
Although section 18-1502C addresses illegal drug use by persons under
eighteen years of age, this section, in providing for a drivers
license suspension and substance abuse evaluation for a violation of
section 37-2732C, refers to "any person," rather than a person under
eighteen years of age, which raises an issue as to whether an adult
offender of section 37-2732C, Idaho Code, may be subject to these
requirements. This bill resolves the issue in accordance with
legislative intent by adding language which clarifies that only a
person under eighteen years of age who violates section 37-2732C,
Idaho Code, is subject to the license suspension or substance abuse
evaluation provided under section 18-1502C, Idaho Code.
FISCAL NOTE
This bill will not have an impact on state or local funds.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246
Statement of Purpose/Fiscal Note S 1281