2002 Legislation
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HOUSE BILL NO. 620 – Vehicular manslaughter, penalty

HOUSE BILL NO. 620

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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.

Statement of Purpose / Fiscal Impact



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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