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S1067................................................by JUDICIARY AND RULES
DRIVING - RECKLESS/INATTENTIVE - Amends existing law to revise the
punishment for reckless and inattentive driving.
01/31 Senate intro - 1st rdg - to printing
02/01 Rpt prt - to Jud
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/10 3rd rdg - PASSED - 30-1-4
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Coiner, Compton, Darrington, Gannon, Geddes, Goedde,
Hill, Jorgenson, Kelly, Langhorst, Little, Lodge, Marley, McGee,
McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett,
Sweet, Werk, Williams
NAYS -- Corder
Absent and excused -- Cameron, Davis, Keough, Malepeai
Floor Sponsor - Lodge
Title apvd - to House
02/11 House intro - 1st rdg - to Jud
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 57-12-1
AYES -- Anderson, Barraclough, Bastian, Bedke, Bell, Bilbao, Black,
Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Deal,
Denney, Ellsworth, Eskridge, Field(18), Field(23), Harwood, Henbest,
Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
McGeachin, Miller, Mitchell, Moyle, Nielsen, Pasley-Stuart, Pence,
Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
NAYS -- Andrus, Barrett, Bayer, Edmunson, Garrett, Hart(Jacobson),
Mathews, McKague, Nonini, Raybould, Schaefer, Wood
Absent and excused -- Crow
Floor Sponsor - Harwood
Title apvd - to Senate
03/16 To enrol
03/17 Rpt enrol - Pres signed
03/18 Sp signed
03/21 To Governor
03/23 Governor signed
Session Law Chapter 119
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1067
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-1401, IDAHO CODE, TO REVISE
3 THE PUNISHMENT FOR RECKLESS DRIVING AND INATTENTIVE DRIVING.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 49-1401, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 49-1401. RECKLESS DRIVING. (1) Any person who drives or is in actual
8 physical control of any vehicle upon a highway, or upon public or private
9 property open to public use, carelessly and heedlessly or without due caution
10 and circumspection, and at a speed or in a manner as to endanger or be likely
11 to endanger any person or property, or who passes when there is a line in his
12 lane indicating a sight distance restriction, shall be guilty of reckless
13 driving and upon conviction shall be punished as provided in subsection (2) of
14 this section.
15 (2) Every person convicted of reckless driving under this section shall
16 be punished by imprisonment in the county or municipal jail for a period of
17 not less than five (5) days nor more than ninety (90) days, or by a fine of
18 not less than twenty-five dollars ($25.00) nor who pleads guilty to or is
19 found guilty of reckless driving for the first time is guilty of a misdemeanor
20 and may be sentenced to jail for not more than six (6) months or may be fined
21 not more than three five hundred dollars ($3500), or may be punished by both
22 fine and imprisonment. On a second or subsequent conviction shall be punished
23 by imprisonment for not less than ten (10) days nor more than six (6) months,
24 or by a fine of not less than fifty dollars ($50.00) nor Every person who
25 pleads guilty to or is found guilty of reckless driving, who has previously
26 been found guilty of or has pled guilty to reckless driving, or any substan-
27 tially conforming foreign criminal violation within five (5) years, notwith-
28 standing the form of the judgment(s) or withheld judgment(s), is guilty of a
29 misdemeanor and may be sentenced to jail for not more than one (1) year or may
30 be fined not more than three hundred one thousand dollars ($31,000), or may be
31 punished by both fine and imprisonment. The department shall suspend the dri-
32 ver's license or privileges of any such person as provided in section 49-326,
33 Idaho Code.
34 (3) Inattentive driving shall be considered a lesser offense than reck-
35 less driving and shall be applicable in those circumstances where the conduct
36 of the operator has been inattentive, careless or imprudent, in light of the
37 circumstances then existing, rather than heedless or wanton, or in those cases
38 where the danger to persons or property by the motor vehicle operator's con-
39 duct is slight. Every person convicted of inattentive driving under this sec-
40 tion shall be guilty of a misdemeanor and may be sentenced to jail for not
41 more than ninety (90) days or may be fined not more than three hundred dollars
42 ($300), or may be punished by both fine and imprisonment.
STATEMENT OF PURPOSE
RS14730
The purpose of this legislation is to amend the penalty for Reckless and
Inattentive Driving, under Idaho Code 49-1401. This legislation addresses the
Court of Appeals decision in State v. Parker, Substitute Opinion No. 61,
Docket No. 30527, October 19, 2004, in which the Court pointed out ambiguity
in this code section with respect to the permissible penalty for inattentive
driving. This ambiguity arises from the fact that subsection (3) of I.C. 49-
1401, inattentive driving, is silent regarding the penalty for a conviction.
Normally, when a misdemeanor statute does not state a penalty, the court
applies I.C. 18-113(1), which sets out a general misdemeanor penalty of six
(6) months in jail and/or a three hundred dollar ($300.00) fine.
However, in I.C. 49-1401(3), inattentive driving is specifically designated as
a lesser offense than reckless driving. The current maximum jail sentence for
reckless driving is ninety (90) days. Therefore, when the court applies the
general misdemeanor penalty for a conviction of inattentive driving the result
is a maximum sentence that is greater than that for a conviction of reckless
driving. This amendment prescribes a penalty for inattentive driving of
ninety (90) days or a fine of three hundred dollars ($300.00) or both.
In addition, this legislation increases the maximum penalty for reckless
driving. The increased penalty recognizes that the conduct of individuals who
drive in a manner that is careless, headless or without due caution is very
serious and potentially dangerous to all citizens who are on the roads in our
communities.
The current penalty for a first offense of reckless driving is not less than
five (5) days nor more than ninety (90) days in jail or a fine of three
hundred dollars ($300.00) or both.
This amendment increases the penalty for a first offense of reckless driving
to a maximum of six (6) months in jail or a fine of five hundred dollars
($500.00) or both. This proposed amendment also removes the mandatory jail
requirement in the current law.
The current penalty for a second offense of reckless driving is not less than
ten (10) days in jail nor more than six (6) months or a three hundred dollar
fine ($300.00) or both. With this amendment, the penalty has been increased
to a maximum of one (1) year in jail or a fine of one thousand dollars
($1000.00) or both. Again, the mandatory jail language has been removed from
the statute in this amendment.
Finally, language requiring a five (5) year time limitation period for
applicability of the second offense enhanced penalties has been added to the
statute.
FISCAL IMPACT
There is no fiscal impact.
Contact
Name: Heather Reilly
Ada County Prosecuting Attorney's Office
Phone: 287-7700
STATEMENT OF PURPOSE/FISCAL NOTE S 1067