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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
]]]] 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
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