2005 Legislation
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HOUSE BILL NO. 326 – Misdemeanor, fines increased

HOUSE BILL NO. 326

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Bill Status



H0326.....................................................by WAYS AND MEANS
MISDEMEANORS - FINES - Amends existing law to increase maximum fines for
certain misdemeanor violations.
                                                                        
03/14    House intro - 1st rdg - to printing
03/15    Rpt prt - to Jud
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 64-5-1
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones,
      Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
      Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
      Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Wood
      NAYS -- Barrett, Crow, McKague, Moyle, Schaefer
      Absent and excused -- Mr. Speaker
    Floor Sponsor - Field(18)
    Title apvd - to Senate
03/21    Senate intro - 1st rdg - to Jud
03/24    Rpt out - rec d/p - to 2nd rdg
03/25    2nd rdg - to 3rd rdg
03/29    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Jorgenson
    Title apvd - to House
03/30    To enrol
03/31    Rpt enrol - Sp signed - Pres signed
04/04    To Governor
04/12    Governor signed
         Session Law Chapter 359
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 326
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MISDEMEANOR FINES; AMENDING SECTIONS 18-113,  18-902  AND  18-904,
  3        IDAHO  CODE,  TO INCREASE MAXIMUM FINES FOR MISDEMEANORS; AMENDING SECTION
  4        18-2509, IDAHO CODE, TO INCREASE THE MAXIMUM FINE AND  TO  MAKE  TECHNICAL
  5        CORRECTIONS; AMENDING SECTION 18-2510, IDAHO CODE, TO INCREASE THE MAXIMUM
  6        FINE;  AMENDING  SECTIONS  18-3312,  18-3613  AND  18-4621, IDAHO CODE, TO
  7        INCREASE MAXIMUM FINES FOR MISDEMEANORS AND TO MAKE TECHNICAL CORRECTIONS;
  8        AMENDING SECTION 18-4626, IDAHO CODE, TO INCREASE  THE  MAXIMUM  FINE  FOR
  9        MISDEMEANORS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 18-6711A,
 10        IDAHO  CODE,  TO INCREASE THE MAXIMUM FINE FOR MISDEMEANORS; AMENDING SEC-
 11        TION 18-6713, IDAHO CODE, TO INCREASE THE MAXIMUM  FINE  FOR  MISDEMEANORS
 12        AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 18-7011, IDAHO CODE,
 13        TO INCREASE THE MAXIMUM FINE AND TO MAKE TECHNICAL CORRECTIONS; AND AMEND-
 14        ING SECTIONS 18-8001, 31-714 AND 50-302, IDAHO CODE, TO INCREASE THE MAXI-
 15        MUM FINE FOR MISDEMEANORS.
                                                                        
 16    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 17        SECTION 1.  That Section 18-113, Idaho Code, be, and the  same  is  hereby
 18    amended to read as follows:
                                                                        
 19        18-113.  PUNISHMENT FOR MISDEMEANOR. (1) Except in cases where a different
 20    punishment  is  prescribed in this code, every offense declared to be a misde-
 21    meanor, is punishable by imprisonment in a county jail not exceeding  six  (6)
 22    months,  or  by  a  fine  not  exceeding  three  hundred  one thousand dollars
 23    ($31,000), or by both.
 24        (2)  In addition to any other punishment prescribed  for  misdemeanors  in
 25    specific statutes of the Idaho Code, the court may also impose a fine of up to
 26    three  hundred  one thousand dollars ($31,000). This paragraph shall not apply
 27    if the specific misdemeanor statute provides for the imposition of a fine.
                                                                        
 28        SECTION 2.  That Section 18-902, Idaho Code, be, and the  same  is  hereby
 29    amended to read as follows:
                                                                        
 30        18-902.  ASSAULT  --  PUNISHMENT.  An  assault  is  punishable by fine not
 31    exceeding three hundred one thousand dollars ($31,000), or by imprisonment  in
 32    the  county  jail  not  to  exceed  three (3) months, or by both such fine and
 33    imprisonment.
                                                                        
 34        SECTION 3.  That Section 18-904, Idaho Code, be, and the  same  is  hereby
 35    amended to read as follows:
                                                                        
 36        18-904.  BATTERY  --  PUNISHMENT.  Battery  is  punishable  by  a fine not
 37    exceeding five hundred one thousand dollars ($51,000), or by  imprisonment  in
 38    the  county  jail  not  to exceed six (6) months, or both unless the victim is
 39    pregnant and this fact is known to the batterer, in which case the  punishment
                                                                        
                                           2
                                                                        
  1    is  by  a fine not exceeding one thousand dollars ($1,000), or by imprisonment
  2    in the county jail not to exceed one (1) year, or both.
                                                                        
  3        SECTION 4.  That Section 18-2509, Idaho Code, be, and the same  is  hereby
  4    amended to read as follows:
                                                                        
  5        18-2509.  PUNISHMENT  FOR  VIOLATION OF PRECEDING SECTION. Any person vio-
  6    lating the provisions of this act upon conviction, shall be punished by a fine
  7    of not less than twenty-five dollars ($25.00) nor more than one thousand  dol-
  8    lars  ($300.1,000),    or  imprisonment  in  the county jail for not less than
  9    thirty (30) days nor more than ninety (90) days, or both.
                                                                        
 10        SECTION 5.  That Section 18-2510, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        18-2510.  ILLICIT CONVEYANCE OF ARTICLES INTO CORRECTIONAL FACILITIES. (1)
 13    If  any  person delivers or procures to be delivered, or has in his possession
 14    with intent to be delivered in any manner, to a prisoner of any state  correc-
 15    tional facility, or deposits or conceals in or about the facility or dependen-
 16    cies  thereon,  or  upon  any lands belonging or pertaining thereto, or in any
 17    vehicle going into the premises belonging to the said  facility,  any  letter,
 18    article  or  thing  with  the intent that a prisoner confined in said facility
 19    shall obtain or receive the same, or if any person receives from any  prisoner
 20    of  said facility, any letter, article or thing with intent to convey the same
 21    out of the facility contrary to the rules thereof, and without  the  knowledge
 22    and  permission  of  the  warden of said facility, or if any person shall pur-
 23    chase, exchange, take or receive from any prisoner thereof  while  he  may  be
 24    working  outside said facility, any letter, article or thing, whether state or
 25    other property, manufactured or used in and about said facility,  without  the
 26    knowledge  and permission of the warden of said facility, such person shall be
 27    guilty of a misdemeanor, and on conviction thereof shall be punished by a fine
 28    not exceeding three hundred one thousand dollars ($31,000), or imprisonment in
 29    the county jail for a period not exceeding six (6) months,  or  by  both  such
 30    fine and imprisonment.
 31        (2)  As  used  in  this section, a correctional facility is a facility for
 32    housing persons committed or transferred to the custody of the board  of  cor-
 33    rection,  or  a private correctional facility housing prisoners under the cus-
 34    tody of the board of correction or housing out-of-state prisoners, as  defined
 35    in  section 18-101A, Idaho Code, but shall not include facilities operated by,
 36    or under the control of, other agencies of state, county or municipal  govern-
 37    ment.
                                                                        
 38        SECTION  6.  That  Section 18-3312, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
                                                                        
 40        18-3312.  INJURING ANOTHER BY CARELESS HANDLING AND DISCHARGE OF FIREARMS.
 41    Any person who handles, uses or operates any firearm in a  careless,  reckless
 42    or  negligent  manner,  or without due caution and circumspection, whereby the
 43    same is fired or discharged and maims, wounds or injures any other  person  or
 44    persons, is guilty of a misdemeanor, and upon conviction thereof shall be pun-
 45    ished by a fine of not more than one thousand dollars ($31,000), or by impris-
 46    onment  in  the  county jail for not more than six (6) months, or by both such
 47    fine and imprisonment.
                                                                        
 48        SECTION 7.  That Section 18-3613, Idaho Code, be, and the same  is  hereby
                                                                        
                                           3
                                                                        
  1    amended to read as follows:
                                                                        
  2        18-3613.  SIMULATION  OF SWITCH AND CAR KEYS. It shall be unlawful for any
  3    person by himself or another, without the written order  or  consent  of  such
  4    common  carrier, to make, simulate, sell or dispose of any key belonging to or
  5    which might be used to  open or unlock any switch, lock, car lock,  or  locks,
  6    used  upon  or belonging to any switch or car of any kind owned, controlled or
  7    operated by any common carrier in this state. Any person violating the  provi-
  8    sions  of  this section shall be deemed guilty of a misdemeanor, and upon con-
  9    viction thereof shall be punished by a fine of not less than one hundred  dol-
 10    lars  ($100.00) nor more than one thousand dollars ($300.1,000), or by impris-
 11    onment in the county jail not less than thirty (30) days nor more than six (6)
 12    months.
                                                                        
 13        SECTION 8.  That Section 18-4621, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        18-4621.  STEALING  ELECTRIC  CURRENT  --  TAMPERING  WITH METERS. Whoever
 16    shall without permission or authority  of  any  person,  firm  or  corporation
 17    engaged in the generation or distribution of electricity, make connections, or
 18    cause  connections  to  be made, by wire or wires or by any other device, with
 19    the wires, cables or conductors, or any of them, of any such person,  firm  or
 20    corporation,  for  the purpose of obtaining or diverting electric current from
 21    such wires, cables or conductors; or  whoever  shall,  without  permission  or
 22    authority  from  any  person,  firm  or  corporation using any meter or meters
 23    erected or set up for the purpose of registering or recording  the  amount  of
 24    electric  current supplied to any customer of such person, firm or corporation
 25    within this state, connect or cause to be  connected  by  wire  or  any  other
 26    device,  any such meter or meters, or change or shunt the wiring leading to or
 27    from any such meter or meters, or by any device or appliance or means  whatso-
 28    ever  tamper  with  any such meter or meters in such manner that such meter or
 29    meters do not measure or record the full amount of electric  current  supplied
 30    to  such  customer,  shall  be  guilty  of  a misdemeanor, and upon conviction
 31    thereof shall be punished  by  a  fine  not  exceeding  one  thousand  dollars
 32    ($300.1,000),  or  by imprisonment in the county jail for a term not exceeding
 33    six (6) months, or by both such fine and imprisonment: provided, that  nothing
 34    herein  contained  shall  be deemed to affect the right of any person, firm or
 35    corporation to recover by action in any court of competent  jurisdiction  dam-
 36    ages for any injury done by such unlawful acts.
                                                                        
 37        SECTION  9.  That  Section 18-4626, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        18-4626.  WILFUL WILLFUL CONCEALMENT OF GOODS,  WARES  OR  MERCHANDISE  --
 40    DEFENSE FOR DETENTION. (a) Whoever, without authority, wilfully willfully con-
 41    ceals  the  goods,  wares or merchandise of any store or merchant, while still
 42    upon the premises of such store or merchant, shall be guilty of a  misdemeanor
 43    and,  upon  conviction  thereof,  shall be punished by a fine of not more than
 44    three hundred one thousand dollars ($31,000) or by imprisonment in the  county
 45    jail  for not more than six (6) months, or by both such fine and imprisonment.
 46    Goods, wares or merchandise found concealed upon the  person  shall  be  prima
 47    facie evidence of a wilful willful concealment.
 48        (b)  Any owner, his authorized employee or agent of any store or merchant,
 49    apprehending  or  detaining  a  person  on or in the immediate vicinity of the
 50    premises of any store or merchant, for the purpose of investigation  or  ques-
                                                                        
                                           4
                                                                        
  1    tioning  as to the ownership of any goods, wares or merchandise, shall have as
  2    a defense in any action, civil or criminal, that such detention of the  person
  3    or  persons was in a reasonable manner and for not more than a reasonable time
  4    to permit such investigation or questioning by a peace officer or by the owner
  5    of the  store or merchant, his authorized employee or  agent,  and  that  such
  6    peace officer, owner, employee or agent had probable cause to believe that the
  7    person  so  detained  was committing or attempting to commit an offense as set
  8    forth in subsection (a) of this section. "Reasonable time" shall mean the time
  9    necessary to permit the person detained to make a statement or  to  refuse  to
 10    make  a  statement, and the time necessary to examine employees and records of
 11    the store or merchant relative to ownership of the merchandise.
                                                                        
 12        SECTION 10.  That Section 18-6711A, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        18-6711A.  FALSE ALARMS -- COMPLAINTS -- REPORTS  --  PENALTIES  --  CIVIL
 15    DAMAGES.  (a)  Any person calling the number "911" for the purpose of making a
 16    false alarm or complaint and reporting false information which could  or  does
 17    result in the emergency response of any firefighting, police, medical or other
 18    emergency  services  shall  be  guilty  of  a  misdemeanor and upon conviction
 19    thereof shall be sentenced to a fine of not to exceed five hundred  one  thou-
 20    sand  dollars  ($51,000)  or  to  a  term of not to exceed one (1) year in the
 21    county jail, or to both such fine and imprisonment.
 22        (b)  In addition to the criminal penalties for violation of the provisions
 23    of this section, civil damages may be recovered from the person  so  convicted
 24    in  an  amount  of three (3) times the amount necessary to compensate or reim-
 25    burse the complainant for costs incurred, losses sustained  or  other  damages
 26    suffered in receiving, acting upon or responding to the false alarm, complaint
 27    or  report. If the person so convicted is under the age of eighteen (18) years
 28    of age, the parent or legal guardian having legal custody of the minor may  be
 29    jointly  and  severally  liable  with  the minor for such civil damages as are
 30    imposed. Recovery from the parents or legal guardian shall not be  limited  by
 31    any  other  provision  of  law which limits the liability of a parent or legal
 32    guardian for the tortious or criminal conduct of a minor. A parent or guardian
 33    not having legal custody of the minor shall not be liable  for  civil  damages
 34    imposed hereunder.
                                                                        
 35        SECTION  11.  That Section 18-6713, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        18-6713.  THEFT OF TELECOMMUNICATION SERVICES. (1) As used  in  this  sec-
 38    tion:
 39        (a)  "Clone  cellular  telephone" or "counterfeit cellular telephone" is a
 40        cellular telephone whose electronic serial number has  been  altered  from
 41        the  electronic  serial number that was programmed in the telephone by the
 42        manufacturer by someone other than the manufacturer.
 43        (b)  "Cloning paraphernalia" means materials that, when possessed in  com-
 44        bination, are capable of creating a cloned cellular telephone. These mate-
 45        rials  include:  scanners  to  intercept  the electronic serial number and
 46        mobile identification number, cellular telephones,  cables,  EPROM  chips,
 47        EPROM  burners,  software  for   programming the cloned phone with a false
 48        electronic serial number and mobile identification number  combination,  a
 49        computer  containing  such software and lists of  electronic serial number
 50        and mobile identification number combinations.
 51        (c)  "Electronic serial number" means the  unique  number  that  was  pro-
                                                                        
                                           5
                                                                        
  1        grammed into a cellular telephone by its manufacturer which is transmitted
  2        by  the  cellular  phone and used by cellular telephone providers to vali-
  3        date radio transmissions to the system as having been made  by  an  autho-
  4        rized device.
  5        (d)  "EPROM"  or  "erasable  programmable read-only memory" means an inte-
  6        grated circuit memory that can be programmed from an external  source  and
  7        erased, for reprogramming, by exposure to ultra-violet ultraviolet light.
  8        (e)  "Illegal  telecommunications equipment" means any instrument, appara-
  9        tus, equipment, or device which is designed or adapted, and otherwise used
 10        or intended to be used for the theft of any telecommunication  service  or
 11        for  concealing  from  any supplier of telecommunication service or lawful
 12        authority the existence, place of origin, use or destination of any  tele-
 13        communication.
 14        (f)  "Intercept" means to electronically capture, record, reveal or other-
 15        wise access the signals emitted or received during the operation of a cel-
 16        lular  telephone without the consent of the sender or receiver of the sig-
 17        nals, by means of any instrument, device or equipment.
 18        (g)  "Mobile identification number" means the  cellular  telephone  number
 19        assigned to the cellular telephone by the cellular telephone carrier.
 20        (h)  "Possess"  means to have physical possession or otherwise to exercise
 21        dominion or control over tangible property.
 22        (i)  "Telecommunication service" means a service which, in exchange for  a
 23        pecuniary  consideration,  provides  or  offers to provide transmission of
 24        messages, signals, facsimiles, video images or other communication between
 25        persons who are physically separated from each other  by  means  of  tele-
 26        phone,  telegraph, cable, wire, or the projection of energy without physi-
 27        cal connection.
 28        (2)  It is unlawful intentionally to:
 29        (a)  Make illegal telecommunications equipment; or
 30        (b)  Sell, give, or furnish to another or  advertise  or  offer  for  sale
 31        illegal telecommunications equipment; or
 32        (c)  Sell,  give, or furnish to another or advertise or offer for sale any
 33        plans or instructions for making, assembling, or using illegal  telecommu-
 34        nications equipment; or
 35        (d)  Use or possess illegal telecommunications equipment.
 36        (3)  It is unlawful intentionally to:
 37        (a)  Make clone cellular telephones; or
 38        (b)  Sell, give or furnish to another or advertise or offer for sale clone
 39        cellular telephones; or
 40        (c)  Sell,  give  or furnish to another or advertise or offer for sale any
 41        plans or instructions for making,  assembling,  or  using  clone  cellular
 42        telephones; or
 43        (d)  Use or possess illegal cloning paraphernalia; or
 44        (e)  Use a clone cellular telephone or counterfeit telephone to facilitate
 45        the commission of a felony.
 46        (4)  It  is  theft of telecommunications services to use, receive, or con-
 47    trol telecommunications services without paying  the  pecuniary  consideration
 48    regularly  charged  by  the  supplier  of the telecommunication services used,
 49    received or controlled.
 50        (a)  Actual knowledge by the supplier of  the  telecommunication  services
 51        that  a person is or has been using, receiving or controlling the services
 52        shall not be a defense to the crime of  theft  of  telecommunication  ser-
 53        vices.
 54        (5)  A  person  who  violates  the provisions of subsection (2)(d) of this
 55    section commits a crime and shall be punished as follows:
                                                                        
                                           6
                                                                        
  1        (a)  The first conviction shall be a misdemeanor, which shall be  punished
  2        by a fine not to exceed three hundred one thousand dollars ($31,000) or by
  3        imprisonment  in  the county jail for a term not to exceed six (6) months,
  4        or by both such fine and imprisonment.
  5        (b)  Conviction of a second or subsequent violation shall be punished by a
  6        fine not to exceed one thousand dollars ($1,000) or by imprisonment in the
  7        county jail for a term not to exceed one (1) year, or by  both  such  fine
  8        and imprisonment.
  9        (6)  A  person  who  violates the provisions of either subsections (2)(a),
 10    (b) or (c) of this section commits a misdemeanor and shall be  punished  by  a
 11    fine  not  to  exceed one thousand dollars ($1,000), or by imprisonment in the
 12    county jail for a term not to exceed one (1) year, or by both  such  fine  and
 13    imprisonment.
 14        (7)  A  person  who violates the provisions of subsection (3) of this sec-
 15    tion commits a felony.
 16        (8)  In a prosecution for violation of the provisions of  subsection  (2),
 17    (3)  or (4) of this section, the element of intent may be established by proof
 18    that the defendant obtained such services by any of the following means:
 19        (a)  By use of a code, prearranged scheme, or other similar  stratagem  or
 20        device whereby said person, in effect, sends or receives  information;
 21        (b)  Without  the  consent  of  the supplier of the telecommunication ser-
 22        vices, the installation,  connection,  or  alteration  of  any  equipment,
 23        cable,  wire,  antenna  or facilities capable of either physically, induc-
 24        tively, acoustically,  or electronically enabling a person to use, receive
 25        or control telecommunication services without paying the regular pecuniary
 26        charge;
 27        (c)  By any other trick, stratagem, impersonation, false  pretense,  false
 28        representation, false statement, contrivance, device, or means; or
 29        (d)  By  making,  assembling,  or  possessing  any  instrument, apparatus,
 30        equipment, or device or the plans or instructions for the making or assem-
 31        bling  of  any  instrument,  apparatus,  equipment,  or  device  which  is
 32        designed, adapted, or otherwise used or intended to be used to  avoid  the
 33        lawful  charge, in whole or in part, for any telecommunications service by
 34        concealing the use, existence, place of  origin,  or  destination  of  any
 35        telecommunications.
 36        (9)  The supplier of telecommunication services which is directly affected
 37    by the commission of any of the acts prohibited under subsections (2), (3) and
 38    (4)  of this section shall, regardless of whether there was a criminal convic-
 39    tion, have a civil cause of action against the person who commits any  of  the
 40    prohibited acts. The prevailing party shall be awarded all reasonable costs of
 41    litigation, including, but not limited to, attorney's fees and court costs. If
 42    the supplier prevails, he shall recover additionally:
 43        (a)  Actual damages; or
 44        (b)  Liquidated  damages  of  ten dollars ($10.00) per day for each day of
 45        the violation or five hundred dollars ($500), whichever is greater; or
 46        (c)  If actual damages are greater than five hundred dollars ($500),  and,
 47        if proven, punitive damages.
 48        (10) Nothing  in  this  section  shall  be  construed to make unlawful the
 49    interception or receipt by any person or the assisting, including the manufac-
 50    ture or sale, of such interception or receipt, of any satellite cable programs
 51    for private viewing as defined and specifically  permitted  under  the  "Cable
 52    Communications Policy Act of 1984."
                                                                        
 53        SECTION  12.  That Section 18-7011, Idaho Code, be, and the same is hereby
 54    amended to read as follows:
                                                                        
                                           7
                                                                        
  1        18-7011.  CRIMINAL TRESPASS -- DEFINITION AND PUNISHMENT. (1). Any  person
  2    who,  without  consent of the owner or person in charge of any lands which are
  3    inclosed by fences of any description sufficient to show the boundaries of the
  4    land inclosed, shall go upon such lands and shall leave open any gates  on  or
  5    about  said  premises,  or who shall tear down or lay down any fencing, or who
  6    shall wilfully willfully remove, mutilate, damage or destroy any "No Trespass-
  7    ing" signs or markers, or who shall go through cultivated crops that have  not
  8    been  harvested, or who shall damage any property thereon, or who without per-
  9    mission of the owner or the owner's agent enters the real property of  another
 10    person where such real property is posted with "No Trespassing" signs or other
 11    notices  of  like  meaning spaced at intervals of not less than one (1) notice
 12    per six hundred sixty (660) feet along such real property, is guilty of a mis-
 13    demeanor and on conviction thereof shall be  punished  by  imprisonment  in  a
 14    county jail not exceeding six (6) months or by a fine of not less than twenty-
 15    five  dollars  ($25.00)  and  not more than three hundred one thousand dollars
 16    ($31,000) or by both such fine and imprisonment. Where the  geographical  con-
 17    figuration of the real property is such that entry can reasonably be made only
 18    at certain points of access, such property is posted sufficiently for all pur-
 19    poses  of  this  section if said signs or notices are posted at such points of
 20    access.
 21        As used in this subsection and in section 18-7008, Idaho  Code:  "enters,"
 22    "entry"  and "entering" mean going upon or over real property either in person
 23    or by causing any object, substance or force to go upon or over real property.
 24        (2).  No motor vehicle shall be willfully or  intentionally  driven  into,
 25    upon,  over  or  through any private land actively devoted to cultivated crops
 26    without the consent of the owner of the land or the tenant, lessee or agent of
 27    the owner of the land actively devoted to cultivated crops. Violation  of  the
 28    provisions  of  this  section  shall be a misdemeanor. For the purpose of this
 29    subsection, motor vehicle shall be defined as set forth in sections 49-114 and
 30    49-123, Idaho Code. Land actively devoted to cultivated crops shall be defined
 31    as land that is used to produce field crops including,  but  not  limited  to,
 32    grains, feed crops, legumes, fruits and vegetables.
                                                                        
 33        SECTION  13.  That Section 18-8001, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        18-8001.  DRIVING WITHOUT PRIVILEGES. (1) Any person who drives or  is  in
 36    actual  physical  control of any motor vehicle upon the highways of this state
 37    with knowledge or who has received legal notice pursuant  to  section  49-320,
 38    Idaho  Code,  that his driver's license, driving privileges or permit to drive
 39    is revoked, disqualified or suspended in this state or any other  jurisdiction
 40    is guilty of a misdemeanor.
 41        (2)  A person has knowledge that his license, driving privileges or permit
 42    to drive is revoked, disqualified or suspended when:
 43        (a)  He  has  actual knowledge of the revocation, disqualification or sus-
 44        pension of his license, driving privileges or permit to drive; or
 45        (b)  He has received oral or written notice from  a  verified,  authorized
 46        source,  that  his  license,  driving  privileges  or  permit to drive was
 47        revoked, disqualified or suspended; or
 48        (c)  Notice of the  suspension,  disqualification  or  revocation  of  his
 49        license,  driving  privileges or permit to drive was mailed by first class
 50        mail to his address pursuant to section 49-320, Idaho Code,  as  shown  in
 51        the transportation department records, and he failed to receive the notice
 52        or  learn of its contents as a result of his own unreasonable, intentional
 53        or negligent conduct or his failure to keep the transportation  department
                                                                        
                                           8
                                                                        
  1        apprised of his mailing address as required by section 49-320, Idaho Code;
  2        or
  3        (d)  He has knowledge of, or a reasonable person in his situation exercis-
  4        ing  reasonable  diligence would have knowledge of, the existence of facts
  5        or circumstances which, under Idaho law, might have caused the revocation,
  6        disqualification or suspension of his license, driving privileges or  per-
  7        mit to drive.
  8        (3)  Any  person who pleads guilty to or is found guilty of a violation of
  9    subsection (1) for the first time:
 10        (a)  Shall be sentenced to jail for a mandatory minimum period of not less
 11        than two (2) days, and may be sentenced to not more than six  (6)  months,
 12        provided  however,  that  in  the  discretion of the sentencing judge, the
 13        judge may authorize the defendant to be assigned to a work release or work
 14        detail program within the custody of the county sheriff during the  period
 15        of  incarceration,  or,  if the underlying suspension that resulted in the
 16        violation of this section is not a suspension resulting  from  an  offense
 17        identified  in  subsection (8) of this section, the judge may authorize an
 18        equivalent amount of community service in lieu of jail, or any  equivalent
 19        combination of these options;
 20        (b)  May  be  fined an amount not to exceed five hundred one thousand dol-
 21        lars ($51,000); and
 22        (c)  Shall have his driving privileges suspended by the court for an addi-
 23        tional six (6) months following the end of any period of suspension,  dis-
 24        qualification  or  revocation  existing  at the time of the violation; the
 25        defendant may request restricted driving privileges during the  period  of
 26        the  suspension  or  disqualification,  which  the  court may allow if the
 27        defendant shows by a preponderance of the evidence that driving privileges
 28        are necessary for his employment, education or for family health needs.
 29        (4)  Any person who pleads guilty to or is found guilty of a violation  of
 30    subsection  (1)  for  a second time within five (5) years, irrespective of the
 31    form of the judgment(s) or withheld judgment(s):
 32        (a)  Shall be sentenced to jail for a mandatory minimum period of not less
 33        than twenty (20) days, and may be sentenced to not more than one (1) year,
 34        provided however, that in the discretion  of  the  sentencing  judge,  the
 35        judge may authorize the defendant to be assigned to a work release or work
 36        detail  program within the custody of the county sheriff during the period
 37        of incarceration, or, if the underlying suspension that  resulted  in  the
 38        violation  of  this  section is not a suspension resulting from an offense
 39        identified in subsection (8) of this section, the judge may  authorize  an
 40        equivalent  amount of community service in lieu of jail, or any equivalent
 41        combination of these options;
 42        (b)  May be fined an amount not to exceed one thousand  dollars  ($1,000);
 43        and
 44        (c)  Shall have his driving privileges suspended by the court for an addi-
 45        tional  one  (1)  year following the end of any period of suspension, dis-
 46        qualification or revocation existing at the time of the second  violation,
 47        during  the first thirty (30) days of which  time he shall have absolutely
 48        no driving privileges of any kind. The defendant  may  request  restricted
 49        driving  privileges  during  the period of the suspension or disqualifica-
 50        tion, to begin after the period of absolute suspension,  which  the  court
 51        may  allow  if the defendant shows by a preponderance of the evidence that
 52        driving privileges are necessary for his employment, education or for fam-
 53        ily health needs.
 54        (5)  Any person who has pled guilty to or been found guilty of  more  than
 55    two  (2) violations of the provisions of subsection (1) of this section within
                                                                        
                                           9
                                                                        
  1    five (5) years, notwithstanding  the  form  of  the  judgment(s)  or  withheld
  2    judgment(s), is guilty of a misdemeanor; and
  3        (a)  Shall  be sentenced to the county jail for a mandatory minimum period
  4        of not less than thirty (30) days, and may be sentenced to not  more  than
  5        one  (1) year; provided, however, that in the discretion of the sentencing
  6        judge, the judge may authorize the defendant to  be  assigned  to  a  work
  7        release  or  work  detail program within the custody of the county sheriff
  8        during the period of incarceration, or, if the underlying suspension  that
  9        resulted  in  the  violation of this section is not a suspension resulting
 10        from an offense identified in subsection (8) of this  section,  the  judge
 11        may  authorize  an equivalent amount of community service in lieu of jail,
 12        or any equivalent combination of these options;
 13        (b)  May be fined an amount not to exceed three thousand dollars ($3,000);
 14        and
 15        (c)  Shall have his driving privileges suspended by the court for an addi-
 16        tional two (2) years following the end of any period of  suspension,  dis-
 17        qualification  or revocation existing at the time of the violation, during
 18        the first ninety (90) days of which time he shall have absolutely no driv-
 19        ing privileges of any kind. The defendant may request  restricted  driving
 20        privileges  during  the  period  of the suspension or disqualification, to
 21        begin after the period of absolute suspension, which the court  may  allow
 22        if  the  defendant  shows  by a preponderance of the evidence that driving
 23        privileges are necessary for  his  employment,  education  or  for  family
 24        health needs.
 25        (6)  A  minor  may be prosecuted for a violation of subsection (1) of this
 26    section under chapter 5, title 20, Idaho Code.
 27        (7)  If a person is  convicted  for  a   violation   of  section  18-8004,
 28    18-8004C  or  18-8006,  Idaho  Code,  and at the time of arrest had no driving
 29    privileges, the penalties imposed by this section shall be in addition to  any
 30    penalties  imposed under the provisions of section 18-8005, 18-8004A, 18-8004C
 31    or 18-8006, Idaho Code, and not in lieu thereof.
 32        (8)  For purposes of this section, the offenses referred to in subsections
 33    (3)(a), (4)(a) and (5)(a) of this section are:
 34        (a)  Section 18-1501(3), Idaho Code, transporting a minor in a motor vehi-
 35        cle while under the influence;
 36        (b)  Section 18-4006(3), Idaho Code, vehicular manslaughter;
 37        (c)  Section 18-8001, Idaho Code, driving without privileges;
 38        (d)  Section 18-8004, Idaho Code, driving under the influence of  alcohol,
 39        drugs or other intoxicating substances;
 40        (e)  Section 18-8004C, Idaho Code, excessive alcohol concentration;
 41        (f)  Section  18-8006,  Idaho  Code,  aggravated  driving  while under the
 42        influence of alcohol, drugs or any other intoxicating substances;
 43        (g)  Section 18-8007, Idaho Code, leaving the scene of an accident result-
 44        ing in injury or death;
 45        (h)  Section 49-1229, Idaho Code, required motor vehicle insurance;
 46        (i)  Section 49-1232, Idaho Code, certificate or proof of liability insur-
 47        ance to be carried in motor vehicle;
 48        (j)  Section 49-1401, Idaho Code, reckless driving;
 49        (k)  Section 49-1404, Idaho Code, eluding a police officer;
 50        (l)  Section 49-1428, Idaho Code, operating a  vehicle  without  liability
 51        insurance;
 52    or any substantially conforming foreign criminal violation.
 53        (9)  In  no  event shall a person be granted restricted driving privileges
 54    unless the person shows proof of liability insurance or other proof of  finan-
 55    cial responsibility, as provided in chapter 12, title 49, Idaho Code.
                                                                        
                                           10
                                                                        
  1        SECTION  14.  That  Section 31-714, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        31-714.  ORDINANCES -- PENALTIES. The board of  county  commissioners  may
  4    pass  all ordinances and rules and make all regulations, not repugnant to law,
  5    necessary for carrying into effect or discharging the powers and  duties  con-
  6    ferred  by the laws of the state of Idaho, and such as are necessary or proper
  7    to provide for the safety, promote the  health  and  prosperity,  improve  the
  8    morals,  peace  and  good order, comfort and convenience of the county and the
  9    inhabitants thereof, and for the  protection  of  property  therein,  and  may
 10    enforce  obedience  to such ordinances with such fines or penalties, including
 11    infraction penalties, as the board may deem proper; provided, that the punish-
 12    ment of any offense shall be by fine of not more than three hundred one  thou-
 13    sand  dollars ($31,000) or by imprisonment not to exceed six (6) months, or by
 14    both such fine and imprisonment.
                                                                        
 15        SECTION 15.  That Section 50-302, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
                                                                        
 17        50-302.  PROMOTION OF GENERAL WELFARE -- PRESCRIBING PENALTIES. (1) Cities
 18    shall make all such ordinances, bylaws, rules, regulations and resolutions not
 19    inconsistent with the laws of the state of Idaho as may be expedient, in addi-
 20    tion  to  the  special powers in this act granted, to maintain the peace, good
 21    government and welfare of the corporation and its trade, commerce  and  indus-
 22    try.  Cities  may enforce all ordinances by fine, including an infraction pen-
 23    alty, or incarceration; provided, however, except as  provided  in  subsection
 24    (2)  of  this  section, that the maximum punishment of any offense shall be by
 25    fine of not more than three hundred  one  thousand  dollars  ($31,000)  or  by
 26    imprisonment  not to exceed six (6) months, or by both such fine and imprison-
 27    ment.
 28        (2)  Any city which is participating  in  a  federally  mandated  program,
 29    wherein penalties or enforcement remedies are required by the terms of partic-
 30    ipation in the program, may enforce such requirements by ordinance, to include
 31    a  criminal  or  civil  monetary  penalty  not  to exceed one thousand dollars
 32    ($1,000), or imprisonment for criminal offenses not to exceed six (6)  months,
 33    or to include both a fine and imprisonment for criminal offenses.

Statement of Purpose / Fiscal Impact



                           STATEMENT OF PURPOSE

                                 RS 15136

This bill increases the maximum fine for misdemeanors, where a maximum fine is
not otherwise prescribed by statute, from three hundred dollars ($300) to one
thousand dollars ($1,000).  This is the first increase in the general maximum
fine for misdemeanors since 1887, when the $300 amount was set.  Since that
time, various maximum fines have been prescribed for some specific
misdemeanors.  In some cases, the maximum fine has been set at $300; in
others, at $500; and in others, at $1,000.  This bill, in addition to
increasing the general maximum fine to $1,000, would also increase the
specified maximum fine for some of these misdemeanors to $1,000.  Finally, the
bill would also allow counties and cities to set the maximum fine for
misdemeanor violations of ordinances at up to $1,000, as opposed to the
present maximum fine of $300.

The bill does not require the imposition of any minimum fine for any offense. 
Rather, the bill would allow a greater measure of deterrence by allowing
courts, in their discretion, to impose any fine up to the maximum amount.
                                
                                FISCAL NOTE

The additional funds generated by this increase in maximum fines will depend on
several factors that cannot be precisely determined, including conviction rates,
the percentage of cases in which the court would impose a fine higher than the
previously existing maximum fine, the amount by which such fines would exceed the
previously existing maximum fine, and collection rates.  Considering the cases
in which a fine will be imposed that is greater than the previously existing
maximum, and assuming that the fines in such cases exceed the previously existing
maximum by an average of between $200 and $300, and using reasonable estimates
for the other variable factors, it would appear that the funds generated will be
between approximately $818,000 and $1,222,000.  Any variance from the estimates
factored into this projection could affect the amount actually generated.  The
funds collected from fines are apportioned according to the provisions of section
19-4705, Idaho Code.




Contact:
Name:  Patricia Tobias, Administrative Director of the Courts
Phone: (208) 334-2246


STATEMENT OF PURPOSE/FISCAL NOTE                        H 326