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H0336aa...................................................by WAYS AND MEANS
DRIVING UNDER THE INFLUENCE - Amends existing law to provide that courts
may waive alcohol abuse evaluations in certain cases.
03/06 House intro - 1st rdg - to printing
03/07 Rpt prt - to Jud
03/19 Rpt out - to Gen Ord
03/24 Rpt out amen - to engros
03/25 Rpt engros - 1st rdg - to 2nd rdg as amen
03/26 2nd rdg - to 3rd rdg as amen
03/27 3rd rdg as amen - PASSED - 68-1-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,
Henbest(Bray), Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,
Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,
Moyle, Nacarrato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Snodgrass, Stevenson, Tilman, Trail, Wills,
Wood
NAYS -- Smylie
Absent and excused -- Mr. Speaker
Floor Sponsor - Wills
Title apvd - to Senate
03/28 Senate intro - 1st rdg - to Jud
04/01 Rpt out - rec d/p - to 2nd rdg
04/02 2nd rdg - to 3rd rdg
04/03 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Goedde, McWilliams
Floor Sponsor - Marley
Title apvd - to House
04/04 To enrol
04/07 Rpt enrol - Sp signed - Pres signed
04/08 To Governor
04/14 Governor signed
Session Law Chapter 286
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 336
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING SUBSTANCES; AMENDING
3 SECTION 18-8005, IDAHO CODE, TO PROVIDE THAT COURTS MAY WAIVE ALCOHOL
4 ABUSE EVALUATIONS IN CERTAIN CASES.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 18-8005, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 18-8005. PENALTIES. (1) Any person who pleads guilty to or is found
9 guilty of a violation of the provisions of section 18-8004(1)(a) or (5), Idaho
10 Code, for the first time is guilty of a misdemeanor; and, except as provided
11 in section 18-8004C, Idaho Code:
12 (a) May be sentenced to jail for not to exceed six (6) months;
13 (b) May be fined an amount not to exceed one thousand dollars ($1,000);
14 (c) Shall be advised by the court in writing at the time of sentencing of
15 the penalties that will be imposed for subsequent violations of the provi-
16 sions of section 18-8004, Idaho Code, which advice shall be signed by the
17 defendant, and a copy retained by the court and another copy retained by
18 the prosecuting attorney; and
19 (d) Shall have his driving privileges suspended by the court for a period
20 of thirty (30) days which shall not be reduced and during which thirty
21 (30) day period absolutely no driving privileges of any kind may be
22 granted. After the thirty (30) day period of absolute suspension of driv-
23 ing privileges has passed, the defendant shall have driving privileges
24 suspended by the court for an additional period of at least sixty (60)
25 days, not to exceed one hundred fifty (150) days during which the defend-
26 ant may request restricted driving privileges which the court may allow,
27 if the defendant shows by a preponderance of the evidence that driving
28 privileges are necessary for his employment or for family health needs.
29 (2) Any person who pleads guilty to or is found guilty of a violation of
30 the provisions of section 18-8004(1)(b), Idaho Code, for the first time is
31 guilty of a misdemeanor and subject to:
32 (a) The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and
33 (b) The provisions of section 49-335, Idaho Code.
34 (3) Any person who pleads guilty to or is found guilty of a violation of
35 the provisions of section 18-8004(1)(c), Idaho Code, for the first time, is
36 guilty of a misdemeanor and is subject to:
37 (a) The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and
38 (b) The provisions of section 49-335, Idaho Code.
39 (4) Any person who pleads guilty to or is found guilty of a violation of
40 the provisions of section 18-8004(1)(a), (b) or (c), Idaho Code, who previ-
41 ously has been found guilty of or has pled guilty to a violation of the provi-
42 sions of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially
43 conforming foreign criminal violation within five (5) years, notwithstanding
2
1 the form of the judgment(s) or withheld judgment(s), and except as provided in
2 section 18-8004C, Idaho Code, is guilty of a misdemeanor; and, except as pro-
3 vided in section 18-8004C, Idaho Code:
4 (a) Shall be sentenced to jail for a mandatory minimum period of not less
5 than ten (10) days the first forty-eight (48) hours of which must be con-
6 secutive, and five (5) days of which must be served in jail, as required
7 by 23 U.S.C. section 164, and may be sentenced to not more than one (1)
8 year, provided however, that in the discretion of the sentencing judge,
9 the judge may authorize the defendant to be assigned to a work detail pro-
10 gram within the custody of the county sheriff during the period of incar-
11 ceration;
12 (b) May be fined an amount not to exceed two thousand dollars ($2,000);
13 (c) Shall be advised by the court in writing at the time of sentencing,
14 of the penalties that will be imposed for subsequent violations of the
15 provisions of section 18-8004, Idaho Code, which advice shall be signed by
16 the defendant, and a copy retained by the court and another copy retained
17 by the prosecuting attorney;
18 (d) Shall surrender his driver's license or permit to the court;
19 (e) Shall have his driving privileges suspended by the court for an addi-
20 tional mandatory minimum period of one (1) year after release from con-
21 finement, during which one (1) year period absolutely no driving privi-
22 leges of any kind may be granted; and
23 (f) Shall, while operating a motor vehicle, be required to drive only a
24 motor vehicle equipped with a functioning ignition interlock system, as
25 provided in section 18-8008, Idaho Code, following the one (1) year manda-
26 tory license suspension period.
27 (g) If the person has pled guilty or was found guilty for the second time
28 within five (5) years of a violation of the provisions of section
29 18-8004(1)(b) or (c), Idaho Code, then the provisions of section 49-335,
30 Idaho Code, shall apply.
31 (5) Except as provided in section 18-8004C, Idaho Code, any person who
32 pleads guilty to or is found guilty of a violation of the provisions of sec-
33 tion 18-8004(1)(a), (b) or (c), Idaho Code, who previously has been found
34 guilty of or has pled guilty to two (2) or more violations of the provisions
35 of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially con-
36 forming foreign criminal violation, or any combination thereof, within five
37 (5) years, notwithstanding the form of the judgment(s) or withheld
38 judgment(s), shall be guilty of a felony; and
39 (a) Shall be sentenced to the custody of the state board of correction
40 for not to exceed five (5) years; provided that notwithstanding the provi-
41 sions of section 19-2601, Idaho Code, should the court impose any sentence
42 other than incarceration in the state penitentiary, the defendant shall be
43 sentenced to the county jail for a mandatory minimum period of not less
44 than thirty (30) days, the first forty-eight (48) hours of which must be
45 consecutive, and ten (10) days of which must be served in jail, as
46 required by 23 U.S.C. section 164; and further provided that notwithstand-
47 ing the provisions of section 18-111, Idaho Code, a conviction under this
48 section shall be deemed a felony;
49 (b) May be fined an amount not to exceed five thousand dollars ($5,000);
50 (c) Shall surrender his driver's license or permit to the court; and
51 (d) Shall have his driving privileges suspended by the court for a manda-
52 tory minimum period of one (1) year after release from imprisonment, and
53 may have his driving privileges suspended by the court for not to exceed
54 five (5) years after release from imprisonment, during which time he shall
55 have absolutely no driving privileges of any kind; and
3
1 (e) Shall, while operating a motor vehicle, be required to drive only a
2 motor vehicle equipped with a functioning ignition interlock system, as
3 provided in section 18-8008, Idaho Code, following the mandatory one (1)
4 year license suspension period.
5 (6) For the purpose of computation of the enhancement period in subsec-
6 tions (4), (5) and (7) of this section, the time that elapses between the date
7 of commission of the offense and the date the defendant pleads guilty or is
8 found guilty for the pending offense shall be excluded. If the determination
9 of guilt against the defendant is reversed upon appeal, the time that elapsed
10 between the date of the commission of the offense and the date the defendant
11 pleads guilty or is found guilty following the appeal shall also be excluded.
12 (7) Notwithstanding the provisions of subsections (4) and (5) of this
13 section, any person who has pled guilty or has been found guilty of a felony
14 violation of the provisions of section 18-8004, Idaho Code, a felony violation
15 of the provisions of section 18-8004C, Idaho Code, a violation of the provi-
16 sions of section 18-8006, Idaho Code, a violation of the provisions of section
17 18-4006 3.(b), Idaho Code, or any substantially conforming foreign criminal
18 felony violation, and within ten (10) years pleads guilty or is found guilty
19 of a further violation of the provisions of section 18-8004, Idaho Code, shall
20 be guilty of a felony and shall be sentenced pursuant to subsection (5) of
21 this section.
22 (8) For the purpose of subsections (4), (5) and (7) of this section and
23 the provisions of section 18-8004C, Idaho Code, a substantially conforming
24 foreign criminal violation exists when a person has pled guilty to or has been
25 found guilty of a violation of any federal law or law of another state, or any
26 valid county, city, or town ordinance of another state substantially conform-
27 ing to the provisions of section 18-8004, Idaho Code. The determination of
28 whether a foreign criminal violation is substantially conforming is a question
29 of law to be determined by the court.
30 (9) Any person who pleads guilty to or is found guilty of a violation of
31 the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code, shall
32 undergo, at his own expense, (or at county expense through the procedures set
33 forth in chapters 34 and 35, title 31, Idaho Code,) and prior to the sentenc-
34 ing date, an alcohol evaluation by an alcohol evaluation facility approved by
35 the Idaho department of health and welfare; provided however, if the defendant
36 has no prior or pending charges with respect to the provisions of section
37 18-8004, 18-8004C or 18-8006, Idaho Code, and the court has the records and
38 information required under subsections (10)(a), (b) and (c) of this section or
39 possesses information from other reliable sources relating to the defendant's
40 use or non-use of alcohol or drugs which does not give the court any reason to
41 believe that the defendant regularly abuses alcohol or drugs and is in need of
42 treatment, the court may, in its discretion, waive the evaluation with respect
43 to sentencing for a violation of section 18-8004 or 18-8004C(1), Idaho Code,
44 and proceed to sentence the defendant. The court may also, in its discretion,
45 waive the requirement of an alcohol evaluation with respect to a defendant's
46 violation of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho
47 Code, and proceed to sentence the defendant if the court has a presentence
48 investigation report, substance abuse assessment, criminogenic risk assess-
49 ment, or other assessment tool which evaluates the defendant's degree of alco-
50 hol abuse and need for alcohol treatment conducted within twelve (12) months
51 preceding the date of the defendant's sentencing. In the event the an alcohol
52 evaluation indicates the need for alcohol treatment, the evaluation shall con-
53 tain a recommendation by the evaluator as to the most appropriate treatment
54 program, together with the estimated cost thereof, and recommendations for
55 other suitable alternative treatment programs, together with the estimated
4
1 costs thereof. The person shall request that a copy of the completed evalua-
2 tion be forwarded to the court. The court shall take the evaluation into con-
3 sideration in determining an appropriate sentence. If a copy of the completed
4 evaluation has not been provided to the court, the court may proceed to sen-
5 tence the defendant; however, in such event, it shall be presumed that alcohol
6 treatment is required unless the defendant makes a showing by a preponderance
7 of evidence that treatment is not required. If the defendant has not made a
8 good faith effort to provide the completed copy of the evaluation to the
9 court, the court may consider the failure of the defendant to provide the
10 report as an aggravating circumstance in determining an appropriate sentence.
11 If treatment is ordered, in no event shall the person or facility doing the
12 evaluation be the person or facility that provides the treatment unless this
13 requirement is waived by the sentencing court, with the exception of federally
14 recognized Indian tribes or federal military installations, where diagnosis
15 and treatment are appropriate and available. Nothing herein contained shall
16 preclude the use of funds authorized pursuant to the provisions of chapter 3,
17 title 39, Idaho Code, for court-ordered alcohol treatment for indigent defend-
18 ants.
19 (10) At the time of sentencing, the court shall be provided with the fol-
20 lowing information:
21 (a) The results, if administered, of any evidentiary test for alcohol
22 and/or drugs;
23 (b) A computer or teletype or other acceptable copy of the person's driv-
24 ing record;
25 (c) Information as to whether the defendant has pled guilty to or been
26 found guilty of violation of the provisions of section 18-8004, 18-8004C
27 or 18-8006, Idaho Code, or a similar offense within the past five (5)
28 years, notwithstanding the form of the judgment(s) or withheld
29 judgment(s); and
30 (d) The alcohol evaluation required in subsection (9) of this section, if
31 any.
32 (11) A minor may be prosecuted for a violation of the provisions of sec-
33 tion 18-8004 or 18-8004C, Idaho Code, under chapter 5, title 20, Idaho Code.
34 In addition to any other penalty, if a minor pleads guilty to or is found
35 guilty of a violation of the provisions of section 18-8004(1)(a), (b) or (c)
36 or 18-8004C, Idaho Code, he shall have his driving privileges suspended or
37 denied for an additional one (1) year following the end of any period of sus-
38 pension or revocation existing at the time of the violation, or until he
39 reaches the age of twenty-one (21) years, whichever period is greater. During
40 the period of additional suspension or denial, absolutely no driving privi-
41 leges shall be allowed.
42 (12) In the event that the alcohol evaluation required in subsection (9)
43 of this section recommends alcohol treatment, the court shall order the person
44 to complete a treatment program in addition to any other sentence which may be
45 imposed, unless the court determines that alcohol treatment would be inappro-
46 priate or undesirable, in which event, the court shall enter findings articu-
47 lating the reasons for such determination on the record. The court shall order
48 the defendant to complete the preferred treatment program set forth in the
49 evaluation, or a comparable alternative, unless it appears that the defendant
50 cannot reasonably obtain adequate financial resources for such treatment. In
51 that event, the court may order the defendant to complete a less costly alter-
52 native set forth in the evaluation, or a comparable program. Such treatment
53 shall, to the greatest extent possible, be at the expense of the defendant. In
54 the event that funding is provided for or on behalf of the defendant by an
55 entity of state government, restitution shall be ordered to such governmental
5
1 entity in accordance with the restitution procedure for crime victims, as
2 specified under chapter 53, title 19, Idaho Code. Nothing contained herein
3 shall be construed as requiring a court to order that a governmental entity
4 shall provide alcohol treatment at government expense unless otherwise
5 required by law.
6 (13) Any person who is disqualified shall not be granted restricted driv-
7 ing privileges to operate a commercial motor vehicle.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Wills
Seconded by Ridinger
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 336
1 AMENDMENT TO SECTION 1
2 On page 3 of the printed bill, in line 49, delete "tool".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 336, As Amended
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING SUBSTANCES; AMENDING
3 SECTION 18-8005, IDAHO CODE, TO PROVIDE THAT COURTS MAY WAIVE ALCOHOL
4 ABUSE EVALUATIONS IN CERTAIN CASES.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 18-8005, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 18-8005. PENALTIES. (1) Any person who pleads guilty to or is found
9 guilty of a violation of the provisions of section 18-8004(1)(a) or (5), Idaho
10 Code, for the first time is guilty of a misdemeanor; and, except as provided
11 in section 18-8004C, Idaho Code:
12 (a) May be sentenced to jail for not to exceed six (6) months;
13 (b) May be fined an amount not to exceed one thousand dollars ($1,000);
14 (c) Shall be advised by the court in writing at the time of sentencing of
15 the penalties that will be imposed for subsequent violations of the provi-
16 sions of section 18-8004, Idaho Code, which advice shall be signed by the
17 defendant, and a copy retained by the court and another copy retained by
18 the prosecuting attorney; and
19 (d) Shall have his driving privileges suspended by the court for a period
20 of thirty (30) days which shall not be reduced and during which thirty
21 (30) day period absolutely no driving privileges of any kind may be
22 granted. After the thirty (30) day period of absolute suspension of driv-
23 ing privileges has passed, the defendant shall have driving privileges
24 suspended by the court for an additional period of at least sixty (60)
25 days, not to exceed one hundred fifty (150) days during which the defend-
26 ant may request restricted driving privileges which the court may allow,
27 if the defendant shows by a preponderance of the evidence that driving
28 privileges are necessary for his employment or for family health needs.
29 (2) Any person who pleads guilty to or is found guilty of a violation of
30 the provisions of section 18-8004(1)(b), Idaho Code, for the first time is
31 guilty of a misdemeanor and subject to:
32 (a) The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and
33 (b) The provisions of section 49-335, Idaho Code.
34 (3) Any person who pleads guilty to or is found guilty of a violation of
35 the provisions of section 18-8004(1)(c), Idaho Code, for the first time, is
36 guilty of a misdemeanor and is subject to:
37 (a) The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and
38 (b) The provisions of section 49-335, Idaho Code.
39 (4) Any person who pleads guilty to or is found guilty of a violation of
40 the provisions of section 18-8004(1)(a), (b) or (c), Idaho Code, who previ-
41 ously has been found guilty of or has pled guilty to a violation of the provi-
42 sions of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially
43 conforming foreign criminal violation within five (5) years, notwithstanding
2
1 the form of the judgment(s) or withheld judgment(s), and except as provided in
2 section 18-8004C, Idaho Code, is guilty of a misdemeanor; and, except as pro-
3 vided in section 18-8004C, Idaho Code:
4 (a) Shall be sentenced to jail for a mandatory minimum period of not less
5 than ten (10) days the first forty-eight (48) hours of which must be con-
6 secutive, and five (5) days of which must be served in jail, as required
7 by 23 U.S.C. section 164, and may be sentenced to not more than one (1)
8 year, provided however, that in the discretion of the sentencing judge,
9 the judge may authorize the defendant to be assigned to a work detail pro-
10 gram within the custody of the county sheriff during the period of incar-
11 ceration;
12 (b) May be fined an amount not to exceed two thousand dollars ($2,000);
13 (c) Shall be advised by the court in writing at the time of sentencing,
14 of the penalties that will be imposed for subsequent violations of the
15 provisions of section 18-8004, Idaho Code, which advice shall be signed by
16 the defendant, and a copy retained by the court and another copy retained
17 by the prosecuting attorney;
18 (d) Shall surrender his driver's license or permit to the court;
19 (e) Shall have his driving privileges suspended by the court for an addi-
20 tional mandatory minimum period of one (1) year after release from con-
21 finement, during which one (1) year period absolutely no driving privi-
22 leges of any kind may be granted; and
23 (f) Shall, while operating a motor vehicle, be required to drive only a
24 motor vehicle equipped with a functioning ignition interlock system, as
25 provided in section 18-8008, Idaho Code, following the one (1) year manda-
26 tory license suspension period.
27 (g) If the person has pled guilty or was found guilty for the second time
28 within five (5) years of a violation of the provisions of section
29 18-8004(1)(b) or (c), Idaho Code, then the provisions of section 49-335,
30 Idaho Code, shall apply.
31 (5) Except as provided in section 18-8004C, Idaho Code, any person who
32 pleads guilty to or is found guilty of a violation of the provisions of sec-
33 tion 18-8004(1)(a), (b) or (c), Idaho Code, who previously has been found
34 guilty of or has pled guilty to two (2) or more violations of the provisions
35 of section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially con-
36 forming foreign criminal violation, or any combination thereof, within five
37 (5) years, notwithstanding the form of the judgment(s) or withheld
38 judgment(s), shall be guilty of a felony; and
39 (a) Shall be sentenced to the custody of the state board of correction
40 for not to exceed five (5) years; provided that notwithstanding the provi-
41 sions of section 19-2601, Idaho Code, should the court impose any sentence
42 other than incarceration in the state penitentiary, the defendant shall be
43 sentenced to the county jail for a mandatory minimum period of not less
44 than thirty (30) days, the first forty-eight (48) hours of which must be
45 consecutive, and ten (10) days of which must be served in jail, as
46 required by 23 U.S.C. section 164; and further provided that notwithstand-
47 ing the provisions of section 18-111, Idaho Code, a conviction under this
48 section shall be deemed a felony;
49 (b) May be fined an amount not to exceed five thousand dollars ($5,000);
50 (c) Shall surrender his driver's license or permit to the court; and
51 (d) Shall have his driving privileges suspended by the court for a manda-
52 tory minimum period of one (1) year after release from imprisonment, and
53 may have his driving privileges suspended by the court for not to exceed
54 five (5) years after release from imprisonment, during which time he shall
55 have absolutely no driving privileges of any kind; and
3
1 (e) Shall, while operating a motor vehicle, be required to drive only a
2 motor vehicle equipped with a functioning ignition interlock system, as
3 provided in section 18-8008, Idaho Code, following the mandatory one (1)
4 year license suspension period.
5 (6) For the purpose of computation of the enhancement period in subsec-
6 tions (4), (5) and (7) of this section, the time that elapses between the date
7 of commission of the offense and the date the defendant pleads guilty or is
8 found guilty for the pending offense shall be excluded. If the determination
9 of guilt against the defendant is reversed upon appeal, the time that elapsed
10 between the date of the commission of the offense and the date the defendant
11 pleads guilty or is found guilty following the appeal shall also be excluded.
12 (7) Notwithstanding the provisions of subsections (4) and (5) of this
13 section, any person who has pled guilty or has been found guilty of a felony
14 violation of the provisions of section 18-8004, Idaho Code, a felony violation
15 of the provisions of section 18-8004C, Idaho Code, a violation of the provi-
16 sions of section 18-8006, Idaho Code, a violation of the provisions of section
17 18-4006 3.(b), Idaho Code, or any substantially conforming foreign criminal
18 felony violation, and within ten (10) years pleads guilty or is found guilty
19 of a further violation of the provisions of section 18-8004, Idaho Code, shall
20 be guilty of a felony and shall be sentenced pursuant to subsection (5) of
21 this section.
22 (8) For the purpose of subsections (4), (5) and (7) of this section and
23 the provisions of section 18-8004C, Idaho Code, a substantially conforming
24 foreign criminal violation exists when a person has pled guilty to or has been
25 found guilty of a violation of any federal law or law of another state, or any
26 valid county, city, or town ordinance of another state substantially conform-
27 ing to the provisions of section 18-8004, Idaho Code. The determination of
28 whether a foreign criminal violation is substantially conforming is a question
29 of law to be determined by the court.
30 (9) Any person who pleads guilty to or is found guilty of a violation of
31 the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code, shall
32 undergo, at his own expense, (or at county expense through the procedures set
33 forth in chapters 34 and 35, title 31, Idaho Code,) and prior to the sentenc-
34 ing date, an alcohol evaluation by an alcohol evaluation facility approved by
35 the Idaho department of health and welfare; provided however, if the defendant
36 has no prior or pending charges with respect to the provisions of section
37 18-8004, 18-8004C or 18-8006, Idaho Code, and the court has the records and
38 information required under subsections (10)(a), (b) and (c) of this section or
39 possesses information from other reliable sources relating to the defendant's
40 use or non-use of alcohol or drugs which does not give the court any reason to
41 believe that the defendant regularly abuses alcohol or drugs and is in need of
42 treatment, the court may, in its discretion, waive the evaluation with respect
43 to sentencing for a violation of section 18-8004 or 18-8004C(1), Idaho Code,
44 and proceed to sentence the defendant. The court may also, in its discretion,
45 waive the requirement of an alcohol evaluation with respect to a defendant's
46 violation of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho
47 Code, and proceed to sentence the defendant if the court has a presentence
48 investigation report, substance abuse assessment, criminogenic risk assess-
49 ment, or other assessment which evaluates the defendant's degree of alcohol
50 abuse and need for alcohol treatment conducted within twelve (12) months pre-
51 ceding the date of the defendant's sentencing. In the event the an alcohol
52 evaluation indicates the need for alcohol treatment, the evaluation shall con-
53 tain a recommendation by the evaluator as to the most appropriate treatment
54 program, together with the estimated cost thereof, and recommendations for
55 other suitable alternative treatment programs, together with the estimated
4
1 costs thereof. The person shall request that a copy of the completed evalua-
2 tion be forwarded to the court. The court shall take the evaluation into con-
3 sideration in determining an appropriate sentence. If a copy of the completed
4 evaluation has not been provided to the court, the court may proceed to sen-
5 tence the defendant; however, in such event, it shall be presumed that alcohol
6 treatment is required unless the defendant makes a showing by a preponderance
7 of evidence that treatment is not required. If the defendant has not made a
8 good faith effort to provide the completed copy of the evaluation to the
9 court, the court may consider the failure of the defendant to provide the
10 report as an aggravating circumstance in determining an appropriate sentence.
11 If treatment is ordered, in no event shall the person or facility doing the
12 evaluation be the person or facility that provides the treatment unless this
13 requirement is waived by the sentencing court, with the exception of federally
14 recognized Indian tribes or federal military installations, where diagnosis
15 and treatment are appropriate and available. Nothing herein contained shall
16 preclude the use of funds authorized pursuant to the provisions of chapter 3,
17 title 39, Idaho Code, for court-ordered alcohol treatment for indigent defend-
18 ants.
19 (10) At the time of sentencing, the court shall be provided with the fol-
20 lowing information:
21 (a) The results, if administered, of any evidentiary test for alcohol
22 and/or drugs;
23 (b) A computer or teletype or other acceptable copy of the person's driv-
24 ing record;
25 (c) Information as to whether the defendant has pled guilty to or been
26 found guilty of violation of the provisions of section 18-8004, 18-8004C
27 or 18-8006, Idaho Code, or a similar offense within the past five (5)
28 years, notwithstanding the form of the judgment(s) or withheld
29 judgment(s); and
30 (d) The alcohol evaluation required in subsection (9) of this section, if
31 any.
32 (11) A minor may be prosecuted for a violation of the provisions of sec-
33 tion 18-8004 or 18-8004C, Idaho Code, under chapter 5, title 20, Idaho Code.
34 In addition to any other penalty, if a minor pleads guilty to or is found
35 guilty of a violation of the provisions of section 18-8004(1)(a), (b) or (c)
36 or 18-8004C, Idaho Code, he shall have his driving privileges suspended or
37 denied for an additional one (1) year following the end of any period of sus-
38 pension or revocation existing at the time of the violation, or until he
39 reaches the age of twenty-one (21) years, whichever period is greater. During
40 the period of additional suspension or denial, absolutely no driving privi-
41 leges shall be allowed.
42 (12) In the event that the alcohol evaluation required in subsection (9)
43 of this section recommends alcohol treatment, the court shall order the person
44 to complete a treatment program in addition to any other sentence which may be
45 imposed, unless the court determines that alcohol treatment would be inappro-
46 priate or undesirable, in which event, the court shall enter findings articu-
47 lating the reasons for such determination on the record. The court shall order
48 the defendant to complete the preferred treatment program set forth in the
49 evaluation, or a comparable alternative, unless it appears that the defendant
50 cannot reasonably obtain adequate financial resources for such treatment. In
51 that event, the court may order the defendant to complete a less costly alter-
52 native set forth in the evaluation, or a comparable program. Such treatment
53 shall, to the greatest extent possible, be at the expense of the defendant. In
54 the event that funding is provided for or on behalf of the defendant by an
55 entity of state government, restitution shall be ordered to such governmental
5
1 entity in accordance with the restitution procedure for crime victims, as
2 specified under chapter 53, title 19, Idaho Code. Nothing contained herein
3 shall be construed as requiring a court to order that a governmental entity
4 shall provide alcohol treatment at government expense unless otherwise
5 required by law.
6 (13) Any person who is disqualified shall not be granted restricted driv-
7 ing privileges to operate a commercial motor vehicle.
STATEMENT OF PURPOSE
RS 13107
Prior to the sentencing of a defendant for a violation of driving
under the influence of alcohol, Section 18-8005, Idaho Code,
provides that the defendant shall obtain an alcohol abuse
evaluation for the assistance of the sentencing judge in deciding
whether alcohol treatment is indicated.
Presently, the evaluation is mandatory in all DUI cases. The
Judiciary believes that in appropriate circumstances the
sentencing judge should have the option of waiving these
evaluations. In many cases, the sentencing judge already has
sufficient information through other records and reports relating
to the defendant's degree of alcohol abuse to make an informed
decision concerning whether an alcohol treatment program should
be ordered.
The amendment to Section 18-8005, Idaho Code, contemplated by
this bill provides that the sentencing judge has discretionary
authority to determine that an evaluation is unnecessary with
respect to certain DUI offenses committed by persons who have no
prior violations of the DUI laws if the judge has the defendant's
criminal history, driving record and evidentiary test of the
defendant's degree of alcohol concentration and has no reason to
believe that the offender regularly abuses alcohol and may be in
need of treatment. This legislation also grants a judge
discretion to waive an evaluation in any case where the court has
a similar assessment relating to the defendant's degree of
alcohol abuse and/or need for treatment which has been conducted
within twelve months of the sentencing.
FISCAL IMPACT
This bill will have a positive impact on state and local funds
through a savings of court time and the avoidance of unnecessary
delays in case processing.
Contact
Name: Rep. Richard Wills
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 336