2002 Legislation
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SENATE BILL NO. 1286 – Intoxication, criminal law limits

SENATE BILL NO. 1286

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Daily Data Tracking History



S1286................................................by JUDICIARY AND RULES
INTOXICATION - Amends existing law to provide that provisions of the
Alcoholism and Intoxication Treatment Act restricting the incarceration or
prosecution of certain persons shall not affect laws, ordinances,
resolutions or rules regarding pedestrians upon highways, the carrying of
concealed weapons or persons on certain roadways and properties who are
using or are under the influence of controlled substances or narcotic
drugs.
                                                                        
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
01/29    3rd rdg - PASSED - 31-1-3
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Darrington, Davis, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill,
      Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson,
      Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne(Thorne),
      Wheeler, Williams
      NAYS -- Ingram
      Absent and excused -- Brandt, Deide, Sims
    Floor Sponsor - Lodge
    Title apvd - to House
01/30    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 - 67-0-3
      AYES -- Aikele, Barraclough, Barrett, Bell, Bieter, Black, Block,
      Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins,
      Crow, Cuddy, Deal, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford,
      Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen,
      Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23),
      Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young
      NAYS -- None
      Absent and excused -- Bedke, Denney, Mr. Speaker
    Floor Sponsor - Ellsworth
    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 189
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1286
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE ALCOHOLISM AND INTOXICATION TREATMENT  ACT;  AMENDING  SECTION
  3        39-310, IDAHO CODE, TO CLARIFY THAT THE PROVISIONS DO NOT APPLY TO PERSONS
  4        BELOW  A CERTAIN AGE, TO PROVIDE THAT THE CHAPTER SHALL NOT AFFECT CERTAIN
  5        LAWS, ORDINANCES, RESOLUTIONS OR RULES REGARDING  PEDESTRIANS  UPON  HIGH-
  6        WAYS,  THE  CARRYING  OF CONCEALED WEAPONS, OR PERSONS ON CERTAIN ROADWAYS
  7        AND PROPERTIES WHO USE OR ARE UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES
  8        OR NARCOTIC DRUGS AND TO PROVIDE CORRECT TERMINOLOGY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 39-310, Idaho Code, be, and the  same  is  hereby
 11    amended to read as follows:
                                                                        
 12        39-310.  CRIMINAL  LAW  LIMITATIONS. (1) With the exception of minors per-
 13    sons below the statutory age for consuming alcoholic beverages and of  persons
 14    affected by the provisions of subsection (3) herein, no person shall be incar-
 15    cerated  or  prosecuted  criminally  or  civilly for the violation of any law,
 16    ordinance, resolution or rule that includes drinking, being a common drunkard,
 17    or being found in an intoxicated or addicted condition as one of the  elements
 18    of the offense giving rise to criminal or civil penalty or sanction.
 19        (2)  No county, municipality, or other political subdivision may interpret
 20    or apply any law of general application to circumvent the provision of subsec-
 21    tion (1) of this section.
 22        (3)  Nothing  in this act chapter shall affect any law, ordinance, resolu-
 23    tion, or rule against drunken driving, driving under the influence of  alcohol
 24    or  drugs, or other similar offense involving the operation of a vehicle, air-
 25    craft, boat, machinery, or other equipment, or regarding the  sale,  purchase,
 26    dispensing, possessing, or use of alcoholic beverages or drugs at stated times
 27    and places or by a particular class of persons, or regarding the carrying of a
 28    concealed  weapon  when  intoxicated or under the influence of an intoxicating
 29    drink or drug, or regarding pedestrians who are under the influence of alcohol
 30    or drugs to a degree which renders them a hazard and who walk or are otherwise
 31    upon a highway except on a sidewalk, or regarding persons who are using or are
 32    under the influence of controlled substances or narcotic drugs and who are  on
 33    public  property,  roadways  or conveyances or on private property open to the
 34    public.
 35        (4)  This act chapter shall not limit or alter the terms or effect of sec-
 36    tion 18-116, Idaho Code.
 37        (5)  Nothing in this act chapter shall affect the enforcement of any other
 38    provisions of the uniform controlled substances act.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE

                               RS11524C1

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 39-310, Idaho Code, a section in the 
Alcoholism and Intoxication Treatment Act which provides that no 
person shall be prosecuted criminally for a violation of law that 
includes drinking or being in an intoxicated state as one of the 
elements of the offense.  However, this section goes on to provide 
in subsection 3 that this prohibition does not apply to any law 
against underage consumption, driving under the influence of alcohol 
or drugs, or the sale, purchase, possession, or use of alcohol at 
stated times and places or by a particular class of persons.  This 
bill adds to this list of exceptions the offense of carrying a 
concealed weapon when intoxicated, walking upon a highway while under 
the influence of alcohol or drugs, and the use or being under the 
influence of controlled substances or narcotic drugs in public places 
or on public property.

This bill also amends subsection (1) of this statute which excludes 
minors below the statutory age who consume alcohol from the 
application of this section, by deleting the word "minors" and 
substituting the word "persons," so that any person under the legal 
age for consuming alcohol is covered by this exclusion, including 
persons eighteen through twenty years of age.  

                      
                           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 1286