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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 ofminorsper- 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 thisactchapter 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) Thisactchapter shall not limit or alter the terms or effect of sec- 36 tion 18-116, Idaho Code. 37 (5) Nothing in thisactchapter shall affect the enforcement of any other 38 provisions of the uniform controlled substances act.
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