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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