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S1496................................................by JUDICIARY AND RULES
DRIVING UNDER THE INFLUENCE - Amends existing law relating to driving under
the influence to extend the application of specified enhanced penalties to
certain persons who have previously pled guilty to or been found guilty of
one or more subsequent violations of designated statutory prohibitions
relating to alcohol, drugs or any other intoxicants.
03/04 Senate intro - 1st rdg - to printing
03/05 Rpt prt - to Jud
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), 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,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Richardson
Title apvd - to House
03/12 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
Rls susp - PASSED - 65-3-2
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Block, Boe, Bolz,
Bradford, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
Martinez, McKague, Montgomery, Mortensen, Moyle, Pearce, Pischner,
Pomeroy, Raybould, Roberts, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman,
Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- Barrett, Meyer, Ridinger
Absent and excused -- Aikele, Bruneel
Floor Sponsor - Smith(23)
Title apvd - to Senate
03/15 To enrol
03/18 Rpt enrol - Pres signed - Sp signed
03/18 To Governor
03/27 Governor signed
Session Law Chapter 335
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1496
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO DRIVING UNDER THE INFLUENCE; AMENDING SECTION 18-8004A, IDAHO
3 CODE, TO EXTEND THE APPLICATION OF SPECIFIED ENHANCED PENALTIES TO CERTAIN
4 PERSONS WHO HAVE PREVIOUSLY PLED GUILTY TO OR BEEN FOUND GUILTY OF ONE OR
5 MORE SUBSEQUENT VIOLATIONS OF DESIGNATED STATUTORY PROHIBITIONS RELATING
6 TO ALCOHOL, DRUGS OR ANY OTHER INTOXICANTS, TO PROVIDE A CORRECT CODE REF-
7 ERENCE AND TO MAKE A TECHNICAL CORRECTION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 18-8004A, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 18-8004A. PENALTIES -- PERSONS UNDER 21 WITH LESS THAN 0.08 ALCOHOL CON-
12 CENTRATION. (1) Any person found guilty of a violation of subsection (1)(d) of
13 section 18-8004, Idaho Code, shall be guilty of a misdemeanor; and, for a
14 first offense:
15 (a) Shall be fined an amount not to exceed one thousand dollars ($1,000);
16 (b) Shall have his driving privileges suspended by the court for a period
17 of one (1) year, ninety (90) days of which shall not be reduced and during
18 which period absolutely no driving privileges of any kind may be granted.
19 After the period of absolute suspension of driving privileges has passed,
20 the defendant may request restricted driving privileges which the court
21 may allow, if the defendant shows by a preponderance of the evidence that
22 driving privileges are necessary as deemed appropriate by the court;
23 (c) Shall be advised by the court in writing at the time of sentencing of
24 the penalties that will be imposed for any subsequent violation of the
25 provisions of this section or any violation of section 18-8004, Idaho
26 Code, which advice shall be signed by the defendant, and a copy retained
27 by the court and another copy retained by the prosecuting attorney;
28 (d) Shall be required to undergo an alcohol evaluation and otherwise com-
29 ply with the requirements of sections 18-8005(9) and 18-8005(12), Idaho
30 Code, as ordered by the court.
31 (2) Any person who pleads guilty to or is found guilty of a violation of
32 the provisions of subsection (1)(d) of section 18-8004, Idaho Code, who previ-
33 ously has been found guilty of or has pled guilty to a violation of the provi-
34 sions of section 18-8004(1)(a), (b), (c) or (d), Idaho Code, or any substan-
35 tially conforming foreign criminal violation, as defined in section
36 18-8005(8), Idaho Code, notwithstanding the form of the judgment or withheld
37 judgment, is guilty of a misdemeanor; and:
38 (a) Shall be sentenced to jail for a mandatory minimum period of five (5)
39 days, as required by 23 U.S.C. section 164, not to exceed thirty (30)
40 days;
41 (b) Shall be fined an amount of not less than five hundred dollars ($500)
42 nor more than two thousand dollars ($2,000);
43 (c) Shall have his driving privileges suspended by the court for a period
2
1 not to exceed two (2) years, one (1) year of which shall be absolute and
2 shall not be reduced and during which period absolutely no driving privi-
3 leges of any kind may be granted;
4 (d) Shall, while operating a motor vehicle, be required to drive only a
5 motor vehicle equipped with a functioning ignition interlock system, as
6 provided in section 18-8008, Idaho Code, following the mandatory one (1)
7 year license suspension period; and
8 (e) Shall be advised by the court in writing at the time of sentencing of
9 the penalties that will be imposed for subsequent violations of the provi-
10 sions of this section or section 18-8004, Idaho Code, which advice shall
11 be signed by the defendant, and a copy retained by the court and another
12 copy retained by the prosecuting attorney;
13 (f) Shall undergo an alcohol evaluation and comply with the other
14 requirements of subsections (9) and (12) of section 18-8005, Idaho Code.
15 (3) Any person who pleads guilty to or is found guilty of a violation of
16 the provisions of subsection (1)(d) of section 18-8004, Idaho Code, who previ-
17 ously has been found guilty of or has pled guilty to two (2) or more viola-
18 tions of the provisions of section 18-8004(1)(a), (b), (c) or (d), Idaho Code,
19 or any substantially conforming foreign criminal violation, within five (5)
20 years, notwithstanding the form of the judgment or withheld judgment, shall be
21 guilty of a misdemeanor; and:
22 (a) Shall be sentenced to jail for a mandatory minimum period of ten (10)
23 days, as required by 23 U.S.C. section 164, not to exceed six (6) months;
24 (b) Shall be fined an amount of not less than one thousand dollars
25 ($1,000) nor more than two thousand dollars ($2,000);
26 (c) Shall surrender his driver's license or permit to the court;
27 (d) Shall have his driving privileges suspended by the court for a manda-
28 tory minimum period of one (1) year, during which period absolutely no
29 driving privileges of any kind may be granted, or until such person
30 reaches the age of twenty-one (21) years, whichever is greater; and
31 (e) Shall, while operating a motor vehicle, be required to drive only a
32 motor vehicle equipped with a functioning ignition interlock system, as
33 provided in section 18-8008, Idaho Code, following the mandatory one (1)
34 year license suspension period; and
35 (f) Shall undergo an alcohol evaluation and comply with all other
36 requirements imposed by the court pursuant to sections 18-8005(9) and
37 18-8005(12), Idaho Code.
38 (4) All provisions of section 18-8005, Idaho Code, not otherwise in con-
39 flict with or provided for in this section shall apply to any sentencing
40 imposed under the provisions of this section.
41 (5) A person violating the provisions of section 18-8004(1)(d), Idaho
42 Code, may be prosecuted under title 16 20, Idaho Code.
STATEMENT OF PURPOSE
RS 12165
Current law only allows enhancement of an Underage DUI offense to
a second or third offense based on prior Underage DUI offenses.
Underage drivers can also be found guilty of regular DUI,
drug/alcohol DUI, and commercial vehicle DUI offenses. Yet,
current law does not allow any subsequent Underage DUI to be
enhanced based on any of these arguably more serious offenses.
As the purpose for enhanced penalties is to more severely punish
repeat offenders, this bill proposes to add the other forms of
DUI as additional bases for triggering the enhanced penalties for
underage drivers who drive with an alcohol concentration between
.02 and .08. This is to avoid the situation where one underage
driver gets an enhanced Underage DUI because his or her prior DUI
was an Underage DUI, but another underage driver gets a first-
offense Underage DUI because his or her prior DUI was of a more
serious nature.
FISCAL IMPACT STATEMENT
This bill will have no fiscal impact.
Contact
Name: Steve Rutherford
Phone: (208) 384-3870
STATEMENT OF PURPOSE/FISCAL NOTE S 1496