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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 - 2002IN 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 thantenfifteen thousand dollars ($105,000), or by a 19 sentence to the custody of the state board of correction not exceedingten20 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 - 2002Moved 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 - 2002IN 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 thantenfifteen thousand dollars ($105,000), or by a 26 sentence to the custody of the state board of correction not exceedingten27 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.
REPRINT REPRINT REPRINT REPRINT REPRINT 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