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H0629................................by JUDICIARY, RULES AND ADMINISTRATION
MISDEMEANORS - Amends existing law to increase penalties applicable to
specified misdemeanors.
02/10 House intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 50-17-3
AYES -- Anderson, Andrus, Bastian, Bell, Bilbao, Black, Block, Bolz,
Brackett, Bradford, Cannon, Chadderdon, Clark, Deal, Edmunson,
Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Henbest,
Henderson, Jaquet, Kemp, LeFavour, Martinez, McGeachin, Miller,
Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Ring, Ringo, Rusche,
Rydalch, Sali, Sayler, Shepherd(2), Shirley, Skippen, Smith(30),
Smylie(Luker), Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
NAYS -- Barraclough, Barrett, Bayer, Bedke, Collins, Crow, Harwood,
Lake, Loertscher, Mathews, McKague, Moyle, Raybould, Roberts,
Schaefer, Shepherd(8), Wood
Absent and excused -- Boe, Denney, Smith(24)
Floor Sponsor - LeFavour
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Jud
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 28-6-1
AYES -- Andreason(Hatch), Bunderson, Burkett, Burtenshaw, Cameron,
Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde,
Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley,
McGee, McKenzie, Richardson, Schroeder, Stegner, Stennett, Werk
NAYS -- Brandt, Broadsword, Fulcher, Hill, Pearce, Williams
Absent and excused -- Sweet
Floor Sponsor - Darrington
Title apvd - to House
03/10 To enrol
03/13 Rpt enrol - Sp signed
03/14 Pres signed
03/15 To Governor
03/15 Governor signed
Session Law Chapter 71
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 629
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL PENALTIES; AMENDING SECTION 18-1601, IDAHO CODE, TO
3 INCREASE A PENALTY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
4 18-1905, IDAHO CODE, TO INCREASE A PENALTY AND TO MAKE A TECHNICAL CORREC-
5 TION; AMENDING SECTION 18-2308, IDAHO CODE, TO INCREASE A PENALTY AND TO
6 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 18-2317, IDAHO CODE, TO
7 INCREASE A PENALTY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
8 18-2318, IDAHO CODE, TO INCREASE A PENALTY; AMENDING SECTION 18-2322,
9 IDAHO CODE, TO INCREASE A PENALTY AND TO MAKE TECHNICAL CORRECTIONS;
10 AMENDING SECTION 18-2501, IDAHO CODE, TO INCREASE A PENALTY AND TO MAKE
11 TECHNICAL CORRECTIONS; AMENDING SECTION 18-3202, IDAHO CODE, TO INCREASE A
12 PENALTY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 18-3304,
13 IDAHO CODE, TO INCREASE A PENALTY AND TO MAKE TECHNICAL CORRECTIONS;
14 AMENDING SECTION 18-3305, IDAHO CODE, TO INCREASE A PENALTY AND TO MAKE A
15 TECHNICAL CORRECTION; AMENDING SECTION 18-3306, IDAHO CODE, TO INCREASE A
16 PENALTY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 18-3809,
17 IDAHO CODE, TO INCREASE A PENALTY AND TO MAKE TECHNICAL CORRECTIONS;
18 AMENDING SECTION 18-3810, IDAHO CODE, TO REMOVE A CODE REFERENCE APPLICA-
19 BLE TO PENALTIES; AMENDING SECTION 18-4109, IDAHO CODE, TO INCREASE A PEN-
20 ALTY; AMENDING SECTION 18-4616, IDAHO CODE, TO INCREASE A PENALTY AND TO
21 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 18-4629, IDAHO CODE, TO
22 INCREASE A PENALTY AND TO PROVIDE A CODE REFERENCE; AMENDING SECTION
23 18-6801, IDAHO CODE, TO INCREASE A PENALTY AND TO MAKE A TECHNICAL CORREC-
24 TION; AMENDING SECTION 18-7020, IDAHO CODE, TO INCREASE A PENALTY AND TO
25 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 18-7031, IDAHO CODE, TO
26 INCREASE A PENALTY; AMENDING SECTION 19-4705, IDAHO CODE, TO CLARIFY THE
27 EFFECTIVE DATE FOR THE APPORTIONMENT OF CERTAIN FINES AND FORFEITURES; AND
28 AMENDING SECTION 49-1401, IDAHO CODE, TO INCREASE PENALTIES.
29 Be It Enacted by the Legislature of the State of Idaho:
30 SECTION 1. That Section 18-1601, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 18-1601. COMPOUNDING FELONY OR MISDEMEANOR. Every person who, having
33 knowledge of the actual commission of a crime, takes money or property of
34 another, or any gratuity or reward, or any engagement, or promise thereof,
35 upon any agreement or understanding to compound or conceal, such crime, or to
36 abstain from any prosecution thereof, or to withhold any evidence thereof,
37 except in the cases provided for by law, in which crimes may be compromised by
38 leave of court, is punishable as follows:
39 (1.) By imprisonment in the state prison not exceeding five (5) years, or
40 in a county jail not exceeding one (1) year, where the crime was punishable by
41 death or imprisonment in the state prison for life.
42 (2.) By imprisonment in the state prison not exceeding three (3) years,
43 or in the county jail not exceeding six (6) months where the crime was punish-
2
1 able by imprisonment in the state prison for any other term than for life.
2 (3.) By imprisonment in the county jail not exceeding six (6) months, or
3 by fine not exceeding one thousand dollars ($5001,000), where the crime was a
4 misdemeanor.
5 SECTION 2. That Section 18-1905, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 18-1905. FALSIFICATION OF CORPORATE BOOKS. Every director, officer or
8 agent of any corporation or joint stock association who knowingly receives or
9 possesses himself of any property of such corporation or association otherwise
10 than in payment of a just demand, and who, with intent to defraud, omits to
11 make, or to cause or direct to be made, a full and true entry thereof in the
12 books or accounts of such corporation or association, and every director,
13 officer, agent or member of any corporation or joint stock association who,
14 with intent to defraud, destroys, alters, mutilates or falsifies any of the
15 books, papers, writings or securities belonging to such corporation or associ-
16 ation, or makes or concurs in making, any false entries, or omits or concurs
17 in omitting to make any material entry in any book of accounts, or other
18 record or document kept by such corporation or association, is punishable by
19 imprisonment in the state prison not less than three (3) nor more than ten
20 (10) years, or by imprisonment in a county jail not exceeding one (1) year or
21 a fine not exceeding one thousand dollars ($5001,000), or by both such fine
22 and imprisonment.
23 SECTION 3. That Section 18-2308, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 18-2308. ATTEMPT OF OFFICER TO ASCERTAIN VOTE. Every officer, judge, or
26 clerk of an election, who, previous to putting the ballot of an elector in the
27 ballot box, attempts to find out any name on such ballot, or who opens, or
28 suffers the folded ballot of any elector which that has been handed in, to be
29 opened or examined previous to putting the same into the ballot box, or who
30 makes, or places any mark or device on any folded ballot, with a view to
31 ascertain the name of any person for whom the elector has voted, or who, with-
32 out the consent of the elector, discloses the name of any person which such
33 officer, judge, or clerk has fraudulently or illegally discovered to have been
34 voted for by such elector, is punishable by fine of not less than fifty dol-
35 lars ($50.00) nor more than one thousand dollars ($5001,000).
36 SECTION 4. That Section 18-2317, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 18-2317. DESTROYING OR DEFACING SUPPLIES. No person shall, during the
39 election, remove or destroy any of the supplies or conveniences placed in the
40 booths or compartments for the purpose of enabling the voter to prepare his
41 ballot, or prior to, or on the day of election, wilfully willfully deface or
42 destroy any list of candidates posted in accordance with the provisions of
43 title 34, Idaho Code, concerning elections. No person shall, during an elec-
44 tion, tear down or deface the cards printed for the instruction of voters.
45 Every person wilfully willfully violating any of the provisions of this sec-
46 tion shall be deemed guilty of a misdemeanor, and, upon conviction thereof in
47 any court of competent jurisdiction, shall be fined in any sum not exceeding
48 one thousand dollars ($100.001,000).
3
1 SECTION 5. That Section 18-2318, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 18-2318. ELECTIONEERING AT POLLS. (1) On the day of any primary, general
4 or special election, no person may, within a polling place, or any building in
5 which an election is being held, or on private property within one hundred
6 (100) feet thereof, or on public property within three hundred (300) feet
7 thereof:
8 (a) Do any electioneering;
9 (b) Circulate cards or handbills of any kind;
10 (c) Solicit signatures to any kind of petition; or
11 (d) Engage in any practice which interferes with the freedom of voters to
12 exercise their franchise or disrupts the administration of the polling
13 place.
14 (2) No person may obstruct the doors or entries to a building in which a
15 polling place is located or prevent free access to and from any polling place.
16 (3) Any election officer, sheriff, constable or other peace officer is
17 hereby authorized, and it is hereby made the duty of such officer, to arrest
18 any person violating the provisions of subsections (1) and (2) of this sec-
19 tion, and such offender shall be punished by a fine of not less than twenty-
20 five dollars ($25.00) nor exceeding one hundred thousand dollars ($1001,000).
21 SECTION 6. That Section 18-2322, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 18-2322. ILLEGAL REGISTRATION BY VOTER. Any person who shall wilfully
24 willfully cause, or endeavor to cause, his name to be registered in any other
25 election district than that in which he resides, or will reside prior to the
26 day of the next ensuing election, except as herein otherwise provided, and any
27 person who shall cause, or endeavor to cause, his name to be registered, know-
28 ing that he is not a qualified elector, and will not be a qualified elector on
29 or before the day of the next ensuing election, in the election district in
30 which he causes or endeavors to cause such registry to be made, and any person
31 who shall induce, aid or abet any one anyone in the commission of either of
32 the acts in this section enumerated and described, shall be fined not less
33 than fifty dollars ($50.00) nor more than one thousand dollars ($500.001,000),
34 or be confined in the county jail for not less than one (1) month nor more
35 than six (6) months, or both.
36 SECTION 7. That Section 18-2501, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 18-2501. RESCUING PRISONERS. Every person who rescues, or attempts to
39 rescue, or aids another person in rescuing or attempting to rescue, any pris-
40 oner from any prison, or from any officer or person having him in lawful cus-
41 tody, is punishable as follows:
42 (1.) If such prisoner was in custody upon a conviction of felony punish-
43 able with by death, by imprisonment in the state prison not less than one (1)
44 or nor more than fourteen (14) years.
45 (2.) If such prisoner was in custody upon a conviction of any other fel-
46 ony, by imprisonment in the state prison not less than six (6) months nor more
47 than five (5) years.
48 (3.) If such prisoner was in custody upon a charge of felony, by a fine
49 not exceeding one thousand dollars ($1,000) and imprisonment in the county
50 jail not exceeding one (1) year.
4
1 (4.) If such prisoner was in custody, otherwise than upon a charge or
2 conviction of felony, by fine not exceeding one thousand dollars
3 ($500.001,000) and imprisonment in the county jail not exceeding six (6)
4 months.
5 SECTION 8. That Section 18-3202, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 18-3202. PRIVATE PERSON STEALING, MUTILATING OR FALSIFYING PUBLIC
8 RECORDS. Every person not an officer such as is referred to in the preceding
9 section, who is guilty of any of the acts specified in that section, is pun-
10 ishable by imprisonment in the state prison not exceeding five (5) years, or
11 in a county jail not exceeding one (1) year, or by a fine not exceeding one
12 thousand dollars ($100.001,000), or by both.
13 SECTION 9. That Section 18-3304, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 18-3304. AIMING FIREARMS AT OTHERS. Any person who shall intentionally,
16 without malice, point or aim any firearm at or toward any other person shall
17 be guilty of a misdemeanor and shall be subject to a fine of not more than one
18 thousand dollars ($50.001,000) and not less than five dollars ($5.00).
19 SECTION 10. That Section 18-3305, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 18-3305. DISCHARGE OF ARMS AIMED AT ANOTHER. Any person who shall dis-
22 charge, without injury to any person, any firearm, while intentionally, with-
23 out malice, aimed at or toward any person, shall be guilty of a misdemeanor,
24 and shall be liable to a fine of not less than one thousand dollars
25 ($100.001,000), or imprisonment in the county jail not to exceed six (6)
26 months, or both, at the discretion of the court.
27 SECTION 11. That Section 18-3306, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 18-3306. INJURING ANOTHER BY DISCHARGE OF AIMED FIREARMS. Any person who
30 shall maim or injure any other person by the discharge of any firearm pointed
31 or aimed, intentionally but without malice, at any such person, shall be
32 guilty of a misdemeanor, and shall be punished by a fine of not less than
33 fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or impris-
34 onment in the county jail for a period of not more than one (1) year; and if
35 death ensue from such wounding or maiming, such person so offending shall be
36 deemed guilty of the crime of manslaughter.
37 SECTION 12. That Section 18-3809, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 18-3809. BOOK MAKING BOOKMAKING AND POOL SELLING. Any person who for
40 gain, hire or profit engages in pool selling or book making bookmaking at any
41 time or place within this state; or any person who keeps or occupies any room,
42 shed, tenement, tent, booth or building, float or vessel, or any part thereof,
43 or who occupies any place or stand of any kind, upon any public or private
44 grounds within this state, with books, papers, paraphernalia, or mechanical
45 device, for the purpose of engaging in pool selling or book making bookmaking,
5
1 or recording or registering bets or wagers; or who sells pools or makes books
2 upon the result of any trial or contest of skill, speed or power of endurance
3 of man or beast for gain, hire or reward; or any person who, for gain, hire or
4 reward, receives, registers, records and forwards to any other place, within
5 or without this state, any money, consideration or thing of value for the pur-
6 pose of having it there bet or wagered by or for any person, who at such place
7 sells pools or makes books upon any such event, or any person who, being the
8 owner, lessee or occupant of any such room, shed, tenement, tent, booth or
9 building, float or vessel, or part thereof, or any grounds within this state,
10 knowingly and wilfully willfully permits the same to be occupied and used for
11 any of the purposes aforesaid, unless unable to legally prevent the same; or
12 any person who aids, assists or abets in any manner in any of said acts which
13 are hereby forbidden, is guilty of a misdemeanor, and upon conviction is pun-
14 ishable by a fine of not more than one thousand dollars ($3001,000) or by
15 imprisonment in the county jail for a period of not more than six (6) months
16 or by both such fine and imprisonment.
17 SECTION 13. That Section 18-3810, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 18-3810. SLOT MACHINES -- POSSESSION UNLAWFUL -- EXCEPTION. (1) Except as
20 otherwise provided in this section, it shall be a misdemeanor and punishable
21 as provided in section 18-3801, Idaho Code, for any person to use, possess,
22 operate, keep, sell, or maintain for use or operation or otherwise, anywhere
23 within the state of Idaho, any slot machine of any sort or kind whatsoever.
24 (2) The provisions of section 18-3804, Idaho Code, shall not apply to
25 antique slot machines. For the purpose of this section, an antique slot
26 machine is a slot machine manufactured prior to 1950, the operation of which
27 is exclusively mechanical in nature and is not aided in whole or in part by
28 any electronic means.
29 (3) Antique slot machines may be sold, possessed or located for purposes
30 of display only and not for operation.
31 (4) An antique slot machine may not be operated for any purpose.
32 SECTION 14. That Section 18-4109, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 18-4109. PUNISHMENT FOR VIOLATIONS. The following punishments are appli-
35 cable to this act:
36 Every person who violates sections 18-4103, 18-4104 or 18-4105, Idaho
37 Code, is punishable by a fine of not more than three hundred one thousand dol-
38 lars ($3001,000), or by imprisonment in the county jail for not more than six
39 (6) months, or by both such fine and imprisonment for each separate violation.
40 If such person has twice been convicted within the immediately preceding two
41 (2) years for any offense contained in chapter 41, title 18, Idaho Code, and
42 these convictions were for offenses which occurred ten (10) or more days
43 apart, a third or subsequent violation of sections 18-4103, 18-4104 or
44 18-4105, Idaho Code, within this two (2) year period is punishable as a fel-
45 ony.
46 SECTION 15. That Section 18-4616, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 18-4616. DEFACING MARKS ON LOGS OR LUMBER. Every person who cuts out,
49 alters, mutilates, changes, disfigures, or defaces any legally recorded mark
6
1 or marks made upon any log, lumber, or wood, or re-marks or puts a false mark
2 thereon with intent to prevent the owner from discovering its identity, or
3 places any mark upon, or cuts, saws, manufactures, or in any manner appropri-
4 ates to his own use, or to the use of any other person, any prize log or tim-
5 ber, is guilty of a misdemeanor and punishable by a fine not exceeding one
6 thousand dollars ($5001,000), or imprisonment in the county jail not exceeding
7 six (6) months, or by both such fine and imprisonment. In any prosecution for
8 a violation of the provisions of this section relating to prize logs it shall
9 be sufficient to prove that such logs are prize logs without further proof of
10 ownership.
11 SECTION 16. That Section 18-4629, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 18-4629. PENALTY FOR TRANSPORTATION OF FOREST PRODUCTS WITHOUT A PERMIT,
14 CONTRACT, BILL OF SALE, OR PRODUCT LOAD RECEIPT. Violation of the provisions
15 of this act section 18-4629, Idaho Code, shall constitute a misdemeanor, and
16 upon conviction, be punishable by a fine of not to exceed three hundred one
17 thousand dollars ($3001,000), or by imprisonment in the county jail not
18 exceeding six (6) months, or both.
19 SECTION 17. That Section 18-6801, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 18-6801. REMOVAL OR OBSTRUCTION OF TELEPHONE OR TELEGRAPH LINES OR EQUIP-
22 MENT. Every person who maliciously displaces, removes, injures or destroys any
23 public telephone instrument or any part thereof or any equipment or facilities
24 associated therewith, or who enters or breaks into any coin box associated
25 therewith, or who wilfully willfully displaces, removes, injures or destroys
26 any telegraph or telephone line, wire, cable, pole or conduit belonging to
27 another or the material or property appurtenant thereto is guilty of a misde-
28 meanor, and upon conviction thereof shall be punished by a fine not exceeding
29 three hundred one thousand dollars ($3001,000), or by imprisonment in the
30 county jail for not more than six (6) months, or by both such fine and impris-
31 onment.
32 SECTION 18. That Section 18-7020, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 18-7020. DESTROYING LUMBER, POLES, RAFTS, AND VESSELS. Every person who
35 wilfully willfully and maliciously burns, injures, marks, brands or defaces or
36 destroys any pile, piling, telegraph pole, telephone pole or electric trans-
37 mission line pole, fence post, pile or raft of wood, plank, boards or other
38 lumber, or any part thereof, or cuts loose or sets adrift any such raft or
39 part thereof, or cuts, breaks, injures, sinks or sets adrift any vessel the
40 property of another, is punishable by a fine not exceeding one thousand dol-
41 lars ($300.001,000), or by imprisonment in the county jail not exceeding six
42 (6) months, or by both such fine and imprisonment.
43 SECTION 19. That Section 18-7031, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 18-7031. PLACING DEBRIS ON PUBLIC OR PRIVATE PROPERTY A MISDEMEANOR. It
46 shall constitute a misdemeanor for any person, natural or artificial, to
47 deposit upon any public or private property within this state any debris,
7
1 paper, litter, glass bottles, glass, nails, tacks, hooks, cans, barbed wire,
2 boards, trash, garbage, lighted material or other waste substances on any
3 place not authorized by any county, city, village or the owner of such prop-
4 erty, and is punishable by imprisonment in a county jail not exceeding six (6)
5 months, or by a fine not exceeding three hundred one thousand dollars
6 ($3001,000), or both. Additionally, a peace officer or state fish and game
7 personnel supervised public service of not less than eight (8) hours and not
8 more than forty (40) hours may be imposed to clean up and to properly dispose
9 of debris from public property, or from private property with the written con-
10 sent of the private property owner, as ordered by the court.
11 SECTION 20. That Section 19-4705, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 19-4705. PAYMENT OF FINES AND FORFEITURES -- SATISFACTION OF JUDGMENT --
14 DISPOSITION -- APPORTIONMENT. (1) Except as otherwise provided in subsection
15 (2) of this section:
16 (a) All fines and forfeitures collected pursuant to the judgment of any
17 court of the state shall be remitted to the court in which the judgment
18 was rendered. The judgment shall then be satisfied by entry in the docket
19 of the court. The clerk of the court shall daily remit all fines and for-
20 feitures to the county auditor who shall at the end of each month appor-
21 tion the proceeds according to the provisions of this act chapter. Other
22 existing laws regarding the disposition of fines and forfeitures are
23 hereby repealed to the extent such laws are inconsistent with the provi-
24 sions of this act chapter except as provided in section 49-1013(3), Idaho
25 Code.
26 (b) Fines and forfeitures remitted for violations of fish and game laws
27 shall be apportioned two and one-half percent (2 1/2%) to the state trea-
28 surer for deposit in the state general account fund, ten percent (10%) to
29 the search and rescue account, twenty-two and one-half percent (22 1/2%)
30 to the district court fund and sixty-five percent (65%) to the fish and
31 game fund.
32 (c) Fines and forfeitures remitted for violations of state motor vehicle
33 laws, for violation of state driving privilege laws, and for violation of
34 state laws prohibiting driving while under the influence of alcohol, drugs
35 or any other intoxicating substances, shall be apportioned ten percent
36 (10%) to the state treasurer of which eighty-six percent (86%) shall be
37 deposited to the state general fund and fourteen percent (14%) shall be
38 deposited to the peace officers standards and training fund authorized in
39 section 19-5116, Idaho Code, forty-five percent (45%) to the state trea-
40 surer for deposit in the highway distribution account, twenty-two and one-
41 half percent (22 1/2%) to the district court fund and twenty-two and one-
42 half percent (22 1/2%) to the state treasurer for deposit in the public
43 school income fund; provided, however, that fines and forfeitures remitted
44 for violation of state motor vehicle laws, for violation of state driving
45 privilege laws, and for violation of state laws prohibiting driving while
46 under the influence of alcohol, drugs or any other intoxicating sub-
47 stances, where an arrest is made or a citation is issued by a city law
48 enforcement official, or by a law enforcement official of a governmental
49 agency under contract to provide law enforcement services for a city,
50 shall be apportioned ten percent (10%) to the state treasurer of which
51 eighty-six percent (86%) shall be deposited to the state general fund and
52 fourteen percent (14%) shall be deposited to the peace officers standards
53 and training fund authorized in section 19-5116, Idaho Code, and ninety
8
1 percent (90%) to the city whose officer made the arrest or issued the
2 citation.
3 (d) Fines and forfeitures remitted for violation of any state law not
4 involving fish and game laws, or motor vehicle laws, or state driving
5 privilege laws, or state laws prohibiting driving while under the influ-
6 ence of alcohol, drugs or any other intoxicating substances, shall be
7 apportioned ten percent (10%) to the state treasurer of which eighty-six
8 percent (86%) shall be deposited to the state general fund and fourteen
9 percent (14%) shall be deposited to the peace officers standards and
10 training fund authorized in section 19-5116, Idaho Code, and ninety per-
11 cent (90%) to the district court fund of the county in which the violation
12 occurred.
13 (e) Fines and forfeitures remitted for violation of county ordinances
14 shall be apportioned ten percent (10%) to the state treasurer of which
15 eighty-six percent (86%) shall be deposited to the state general fund and
16 fourteen percent (14%) shall be deposited to the peace officers standards
17 and training fund authorized in section 19-5116, Idaho Code, and ninety
18 percent (90%) to the district court fund of the county whose ordinance was
19 violated.
20 (f) Fines and forfeitures remitted for violation of city ordinances shall
21 be apportioned ten percent (10%) to the state treasurer of which eighty-
22 six percent (86%) shall be deposited to the state general fund and four-
23 teen percent (14%) shall be deposited to the peace officers standards and
24 training fund authorized in section 19-5116, Idaho Code, and ninety per-
25 cent (90%) to the city whose ordinance was violated.
26 (g) Fines and forfeitures remitted for violations not specified in this
27 act chapter shall be apportioned ten percent (10%) to the state treasurer
28 of which eighty-six percent (86%) shall be deposited to the state general
29 fund and fourteen percent (14%) shall be deposited to the peace officers
30 standards and training fund authorized in section 19-5116, Idaho Code, and
31 ninety percent (90%) to the district court fund of the county in which the
32 violation occurred except in cases where a duly designated officer of any
33 city police department or city law enforcement official shall have made
34 the arrest for any such violation, in which case ninety percent (90%)
35 shall be apportioned to the city whose officer made the arrest.
36 (h) Fines and forfeitures remitted for violations involving registrations
37 of motorcycles or motor-driven cycles used off highways, snowmobiles, or
38 use of winter recreation parking areas shall be apportioned ten percent
39 (10%) to the state treasurer of which eighty-six percent (86%) shall be
40 deposited to the state general fund and fourteen percent (14%) shall be
41 deposited to the peace officers standards and training fund authorized in
42 section 19-5116, Idaho Code, and ninety percent (90%) to the general fund
43 of the county or city whose law enforcement official issued the citation.
44 (i) Fines and forfeitures remitted for violations of overweight laws as
45 provided in section 49-1013(3), Idaho Code, shall be deposited one hundred
46 percent (100%) into the highway distribution account.
47 (2) Any fine or forfeiture remitted for any misdemeanor violation for
48 which an increase in the maximum fine became effective on or after July 1,
49 2005, shall be apportioned as follows:
50 (a) Any funds remitted, up to the maximum amount that could have been
51 imposed before July 1, 2005, as a fine for the misdemeanor violation,
52 shall be apportioned according to the applicable provisions of subsection
53 (1) of this section; and
54 (b) Any other funds remitted, in excess of the maximum amount that could
55 have been imposed before July 1, 2005, as a fine for the misdemeanor
9
1 violation, shall be remitted to the state treasurer and shall be deposited
2 in the drug court, mental health court and family court services fund as
3 set forth in section 1-1625, Idaho Code.
4 (3) As used in this section, the term "city law enforcement official"
5 shall include an official of any governmental agency which is providing law
6 enforcement services to a city in accordance with the terms of a contract or
7 agreement, when such official makes the arrest or issues a citation within the
8 geographical limits of the city and when the contract or agreement provides
9 for payment to the city of fines and forfeitures resulting from such service.
10 SECTION 21. That Section 49-1401, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 49-1401. RECKLESS DRIVING. (1) Any person who drives or is in actual
13 physical control of any vehicle upon a highway, or upon public or private
14 property open to public use, carelessly and heedlessly or without due caution
15 and circumspection, and at a speed or in a manner as to endanger or be likely
16 to endanger any person or property, or who passes when there is a line in his
17 lane indicating a sight distance restriction, shall be guilty of reckless
18 driving and upon conviction shall be punished as provided in subsection (2) of
19 this section.
20 (2) Every person who pleads guilty to or is found guilty of reckless
21 driving for the first time is guilty of a misdemeanor and may be sentenced to
22 jail for not more than six (6) months or may be fined not more than five hun-
23 dred one thousand dollars ($5001,000), or may be punished by both fine and
24 imprisonment. Every person who pleads guilty to or is found guilty of reckless
25 driving, who has previously been found guilty of or has pled guilty to reck-
26 less driving, or any substantially conforming foreign criminal violation
27 within five (5) years, notwithstanding the form of the judgment(s) or withheld
28 judgment(s), is guilty of a misdemeanor and may be sentenced to jail for not
29 more than one (1) year or may be fined not more than one two thousand dollars
30 ($12,000), or may be punished by both fine and imprisonment. The department
31 shall suspend the driver's license or privileges of any such person as pro-
32 vided in section 49-326, Idaho Code.
33 (3) Inattentive driving shall be considered a lesser offense than reck-
34 less driving and shall be applicable in those circumstances where the conduct
35 of the operator has been inattentive, careless or imprudent, in light of the
36 circumstances then existing, rather than heedless or wanton, or in those cases
37 where the danger to persons or property by the motor vehicle operator's con-
38 duct is slight. Every person convicted of inattentive driving under this sec-
39 tion shall be guilty of a misdemeanor and may be sentenced to jail for not
40 more than ninety (90) days or may be fined not more than three hundred dollars
41 ($300), or may be punished by both fine and imprisonment.
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STATEMENT OF PURPOSE
RS 15935C1
This bill would increase the maximum fines for 20 misdemeanor
offenses. Last year, the Legislature increased the maximum fine for
most misdemeanors to $1,000. This was the first increase in the
general maximum fine for misdemeanors since 1887, when the maximum
fine for misdemeanors was set at $300. This bill addresses several
misdemeanors that were not included in the bill passed in 2005, and
that now carry various maximum fines, such as $50, $100, $300 and
$500. Specifically, the bill would increase the maximum fine for
reckless driving from $500 to $1,000, and for repeat offenses of
reckless driving from $1,000 to $2,000. These changes will allow a
greater measure of deterrence by allowing courts, in their discretion,
to impose any fine up to the maximum amount of $1,000. The bill would
also provide that the fines collected in cases arising under these
provisions would be apportioned in the same manner as those collected
in cases involving the offenses for which the maximum fines were
increased in 2005.
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
courts would impose a fine higher than the previously existing
maximum, the amount by which such fines would exceed the previously
existing maximum fine, and collection rates. Assuming that judges
imposed fines greater than the previously existing maximum fine in
about 20 percent of the cases where there was a conviction, and that
the fine in such cases exceeded the previously existing maximum fine
by an average amount somewhere between $100 and $200, and using
reasonable estimates for the other variable factors, it would appear
that the additional funds generated annually would be between $35,000
and $70,000. 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: 334-2246
STATEMENT OF PURPOSE/FISCAL NOTE H 629