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S1368................................................by JUDICIARY AND RULES
MANSLAUGHTER - VESSELS - Amends existing law to provide that certain
operation of a vessel resulting in the killing of a human being may
constitute a type of manslaughter; to provide for the punishment for
manslaughter by vessel; and to provide that a peace officer is authorized
to order the withdrawal of a blood sample from a person if there is
probable cause to believe that the person has committed manslaughter by
vehicle or vessel.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1368
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO MANSLAUGHTER; AMENDING SECTION 18-4006, IDAHO CODE, TO PROVIDE
3 THAT CERTAIN OPERATION OF A VESSEL RESULTING IN THE KILLING OF A HUMAN
4 BEING MAY CONSTITUTE A TYPE OF MANSLAUGHTER; AMENDING SECTION 18-4007,
5 IDAHO CODE, TO PROVIDE FOR PUNISHMENT FOR MANSLAUGHTER BY VESSEL; AND
6 AMENDING SECTION 18-8002, IDAHO CODE, TO PROVIDE THAT A PEACE OFFICER IS
7 AUTHORIZED TO ORDER THE WITHDRAWAL OF A BLOOD SAMPLE FROM A PERSON IF
8 THERE IS PROBABLE CAUSE TO BELIEVE THAT A PERSON HAS COMMITTED MANSLAUGH-
9 TER BY VEHICLE OR VESSEL.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 18-4006, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 18-4006. MANSLAUGHTER DEFINED. Manslaughter is the unlawful killing of a
14 human being including, but not limited to, a human embryo or fetus, without
15 malice. It is of three (3) kinds:
16 1. Voluntary -- upon a sudden quarrel or heat of passion.
17 2. Involuntary -- in the perpetration of or attempt to perpetrate any
18 unlawful act, other than arson, rape, robbery, kidnapping, burglary, or may-
19 hem; or in the commission of a lawful act which might produce death, in an
20 unlawful manner, or without due caution and circumspection; or in the opera-
21 tion of any firearm or deadly weapon in a reckless, careless or negligent man-
22 ner which produces death.
23 3. Vehicular or by vessel -- in which the operation of a motor vehicle or
24 vessel is a significant cause contributing to the death because of:
25 (a) the commission of an unlawful act, not amounting to a felony, with
26 gross negligence; or
27 (b) the commission of a violation of section 18-8004 or 18-8006, Idaho
28 Code, or section 67-7034 or 67-7035, Idaho Code; or
29 (c) the commission of an unlawful act, not amounting to a felony, without
30 gross negligence.
31 Notwithstanding any other provision of law, any evidence of conviction
32 under subsection 3.(b) shall be admissible in any civil action for damages
33 resulting from the occurrence. A conviction for the purposes of subsection
34 3.(b) means that the person has pled guilty or has been found guilty, notwith-
35 standing the form of the judgment(s) or withheld judgment(s).
36 SECTION 2. That Section 18-4007, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 18-4007. PUNISHMENT FOR MANSLAUGHTER. Manslaughter is punishable as fol-
39 lows:
40 1. Voluntary -- by a fine of not more than fifteen thousand dollars
41 ($15,000), or by a sentence to the custody of the state board of correction
2
1 not exceeding fifteen (15) years, or by both such fine and imprisonment.
2 2. Involuntary -- by a fine of not more than ten thousand dollars
3 ($10,000), or by a sentence to the custody of the state board of correction
4 not exceeding ten (10) years, or by both such fine and imprisonment.
5 3. Vehicular -- in the operation of a motor vehicle -- or by vessel:
6 (a) For a violation of section 18-4006 3.(a), Idaho Code, by a fine of
7 not more than ten thousand dollars ($10,000), or by a sentence to the cus-
8 tody of the state board of correction not exceeding ten (10) years, or by
9 both such fine and imprisonment.
10 (b) For a violation of section 18-4006 3.(b), Idaho Code, by a fine of
11 not more than fifteen thousand dollars ($15,000), or by a sentence to the
12 custody of the state board of correction not exceeding fifteen (15) years,
13 or by both such fine and imprisonment.
14 (c) For a violation of section 18-4006 3.(c), Idaho Code, by a fine of
15 not more than two thousand dollars ($2,000), or by a jail sentence not
16 exceeding one (1) year, or by both such fine and jail sentence.
17 (d) In addition to the foregoing, any person convicted of a violation of
18 section 18-4006 3., Idaho Code, which resulted in the death of the parent
19 or parents of minor children may be ordered by the court to pay support
20 for each such minor child until the child reaches the age of eighteen (18)
21 years. Support shall be established in accordance with the child support
22 guidelines then in effect, and the nonpayment of such support shall be
23 subject to enforcement and collection by the surviving parent or guardian
24 of the child in the same manner that other child support orders are
25 enforced as provided by law. In no event shall the child support judgment
26 or order imposed by the court under this section be paid or indemnified by
27 the proceeds of any liability insurance policy.
28 (e) In addition to the foregoing, the driver's license or privileges to
29 operate a vessel of any person convicted of a violation of section 18-4006
30 3., Idaho Code, may be suspended for a time determined by the court.
31 SECTION 3. That Section 18-8002, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 18-8002. TESTS OF DRIVER FOR ALCOHOL CONCENTRATION, PRESENCE OF DRUGS OR
34 OTHER INTOXICATING SUBSTANCES -- SUSPENSION UPON REFUSAL OF TESTS. (1) Any
35 person who drives or is in actual physical control of a motor vehicle in this
36 state shall be deemed to have given his consent to evidentiary testing for
37 concentration of alcohol as defined in section 18-8004, Idaho Code, and to
38 have given his consent to evidentiary testing for the presence of drugs or
39 other intoxicating substances, provided that such testing is administered at
40 the request of a peace officer having reasonable grounds to believe that per-
41 son has been driving or in actual physical control of a motor vehicle in
42 violation of the provisions of section 18-8004, Idaho Code, or section
43 18-8006, Idaho Code.
44 (2) Such person shall not have the right to consult with an attorney
45 before submitting to such evidentiary testing.
46 (3) At the time evidentiary testing for concentration of alcohol, or for
47 the presence of drugs or other intoxicating substances is requested, the per-
48 son shall be informed that if he refuses to submit to or if he fails to com-
49 plete, evidentiary testing:
50 (a) His driver's license will be seized by the peace officer and a tempo-
51 rary permit will be issued; provided, however, that no peace officer shall
52 issue a temporary permit pursuant to this section to a driver whose dri-
53 ver's license or permit has already been and is suspended or revoked
3
1 because of previous violations, and in no instance shall a temporary per-
2 mit be issued to a driver of a commercial vehicle who refuses to submit to
3 or fails to complete an evidentiary test;
4 (b) He has the right to request a hearing within seven (7) days to show
5 cause why he refused to submit to, or complete evidentiary testing;
6 (c) If he does not request a hearing or does not prevail at the hearing,
7 his driver's license will be suspended absolutely for one hundred eighty
8 (180) days if this is his first refusal and one (1) year if this is his
9 second refusal within five (5) years; and
10 (d) After submitting to evidentiary testing he may, when practicable, at
11 his own expense, have additional tests made by a person of his own choos-
12 ing.
13 (4) If the motorist refuses to submit to or complete evidentiary testing
14 after the information has been given in accordance with subsection (3) above:
15 (a) His driver's license or permit shall be seized by the peace officer
16 and forwarded to the court and a temporary permit shall be issued by the
17 peace officer which allows him to operate a motor vehicle until the date
18 of his hearing, if a hearing is requested, but in no event for more than
19 thirty (30) days; provided, however, that no peace officer shall issue a
20 temporary permit pursuant to this section to a driver whose driver's
21 license or permit has already been and is suspended or revoked because of
22 previous violations and in no instance shall a temporary permit be issued
23 to a driver of a commercial vehicle who refuses to submit to or fails to
24 complete an evidentiary test;
25 (b) A written request may be made within seven (7) calendar days for a
26 hearing before the court; if requested, the hearing must be held within
27 thirty (30) days of the seizure unless this period is, for good cause
28 shown, extended by the court for one (1) additional thirty (30) day
29 period. The court, in granting such an extension, may, for good cause
30 shown, extend the defendant's temporary driving privileges for one (1)
31 additional thirty (30) day period. The hearing shall be limited to the
32 question of why the defendant did not submit to, or complete, evidentiary
33 testing, and the burden of proof shall be upon the defendant; the court
34 shall suspend all his driving privileges immediately for one hundred
35 eighty (180) days for a first refusal and one (1) year for a second
36 refusal within five (5) years unless it finds that the peace officer did
37 not have legal cause to stop and request him to take the test or that the
38 request violated his civil rights;
39 (c) If a hearing is not requested by written notice to the court con-
40 cerned within seven (7) calendar days, upon receipt of a sworn statement
41 by the peace officer of the circumstances of the refusal, the court shall
42 suspend his driving privileges for one hundred eighty (180) days for a
43 first refusal and one (1) year for a second refusal within five (5) years,
44 during which time he shall have absolutely no driving privileges of any
45 kind; and
46 (d) After submitting to evidentiary testing at the request of the peace
47 officer, he may, when practicable, at his own expense, have additional
48 tests made by a person of his own choosing. The failure or inability to
49 obtain an additional test or tests by a person shall not preclude the
50 admission of results of evidentiary testing for alcohol concentration or
51 for the presence of drugs or other intoxicating substances taken at the
52 direction of the peace officer unless the additional test was denied by
53 the peace officer.
54 (5) Any suspension of driving privileges under this section or section
55 18-8002A, Idaho Code, shall be a civil penalty separate and apart from any
4
1 other suspension imposed for a violation of other Idaho motor vehicle codes or
2 for a conviction of an offense pursuant to this chapter, and may be appealed
3 to the district court.
4 (6) No hospital, hospital officer, agent, or employee, or health care
5 professional licensed by the state of Idaho, whether or not such person has
6 privileges to practice in the hospital in which a body fluid sample is
7 obtained or an evidentiary test is made, shall incur any civil or criminal
8 liability for any act arising out of administering an evidentiary test for
9 alcohol concentration or for the presence of drugs or other intoxicating sub-
10 stances at the request or order of a peace officer in the manner described in
11 this section and section 18-8002A, Idaho Code: provided, that nothing in this
12 section shall relieve any such person or legal entity from civil liability
13 arising from the failure to exercise the community standard of care.
14 (a) This immunity extends to any person who assists any individual to
15 withdraw a blood sample for evidentiary testing at the request or order of
16 a peace officer, which individual is authorized to withdraw a blood sample
17 under the provisions of section 18-8003, Idaho Code, regardless of the
18 location where the blood sample is actually withdrawn.
19 (b) A peace officer is empowered to order an individual authorized in
20 section 18-8003, Idaho Code, to withdraw a blood sample for evidentiary
21 testing when the peace officer has probable cause to believe that the sus-
22 pect has committed any of the following offenses:
23 (i) Aggravated driving under the influence of alcohol, drugs or
24 other intoxicating substance as provided in section 18-8006, Idaho
25 Code;
26 (ii) Vehicular mManslaughter as provided in subsections (3)(a), (b)
27 and (c) of section 18-4006, Idaho Code;
28 (iii) Aggravated operating of a vessel on the waters of the state
29 while under the influence of alcohol, drugs or other intoxicating
30 substances as provided in section 67-7035, Idaho Code; or
31 (iv) Any criminal homicide involving a vessel on the waters of the
32 state while under the influence of alcohol, drugs or other intoxicat-
33 ing substances.
34 (c) Nothing herein shall limit the discretion of the hospital administra-
35 tion to designate the qualified hospital employee responsible to withdraw
36 the blood sample.
37 (d) The law enforcement agency that requests or orders withdrawal of the
38 blood sample shall pay the reasonable costs to withdraw such blood sample,
39 perform laboratory analysis, preserve evidentiary test results, and tes-
40 tify in judicial proceedings.
41 (e) The withdrawal of the blood sample may be delayed or terminated if:
42 (i) In the reasonable judgment of the hospital personnel withdrawal
43 of the blood sample may result in serious bodily injury to hospital
44 personnel or other patients; or
45 (ii) The licensed health care professional treating the suspect
46 believes the withdrawal of the blood sample is contraindicated
47 because of the medical condition of the suspect or other patients.
48 (7) "Actual physical control" as used in this section and section
49 18-8002A, Idaho Code, shall be defined as being in the driver's position of
50 the motor vehicle with the motor running or with the motor vehicle moving.
51 (8) Any written notice required by this section shall be effective upon
52 mailing.
53 (9) For the purposes of this section and section 18-8002A, Idaho Code,
54 "evidentiary testing" shall mean a procedure or test or series of procedures
55 or tests, including the additional test authorized in subsection (10) of this
5
1 section, utilized to determine the concentration of alcohol or the presence of
2 drugs or other intoxicating substances in a person.
3 (10) A person who submits to a breath test for alcohol concentration, as
4 defined in subsection (4) of section 18-8004, Idaho Code, may also be
5 requested to submit to a second evidentiary test of blood or urine for the
6 purpose of determining the presence of drugs or other intoxicating substances
7 if the peace officer has reasonable cause to believe that a person was driving
8 under the influence of any drug or intoxicating substance or the combined
9 influence of alcohol and any drug or intoxicating substance. The peace officer
10 shall state in his or her report the facts upon which that belief is based.
STATEMENT OF PURPOSE
RS 13795
This statement of purpose is to include within the definition of
vehicular manslaughter the operation of a vessel, namely a boat, in an
unlawful fashion.
FISCAL IMPACT
No fiscal impact as required by joint rules.
Contact
Name: Senator Bart M. Davis
Phone: (208) 332-1305
STATEMENT OF PURPOSE/FISCAL NOTE S 1368