2006 Legislation
Print Friendly

SENATE BILL NO. 1291 – DUI, vehicles impounded

SENATE BILL NO. 1291

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



S1291..............................................................by MCGEE
DRIVING UNDER THE INFLUENCE - Adds to and amends existing law to provide
for the seizure and impoundment of vehicles of persons convicted for
multiple violations of driving under the influence of alcohol, drugs or
other intoxicating substances; to provide for notice; to provide for
treatment of the vehicle if subject to forfeiture; to set forth
requirements for release of the vehicle; to provide for disposition of the
vehicle if the owner or operator is not convicted; to provide a cause of
action by the registered owner; to provide for immunity from liability; to
provide for forfeiture of a vehicle; to provide for forfeiture proceedings;
and to provide for the sale of the vehicle and distribution of the
proceeds.
                                                                        
01/20    Senate intro - 1st rdg - to printing
01/23    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1291
                                                                        
                                          BY MCGEE
                                                                        
  1                                        AN ACT
  2    RELATING TO IMPOUNDMENT OF VEHICLES OF PERSONS CONVICTED OF DRIVING UNDER  THE
  3        INFLUENCE  OF  ALCOHOL,  DRUGS  OR OTHER INTOXICATING SUBSTANCES; AMENDING
  4        CHAPTER 14, TITLE 49, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
  5        49-1431,  IDAHO  CODE, TO PROVIDE FOR SEIZURE AND IMPOUNDMENT OF VEHICLES,
  6        TO PROVIDE FOR NOTICE, TO PROVIDE FOR IMPOUNDMENT OR RENDERING THE VEHICLE
  7        INOPERABLE FOR THIRTY DAYS UPON CONVICTION, TO PROVIDE  FOR  TREATMENT  OF
  8        THE  VEHICLE  IF  SUBJECT  TO  FORFEITURE,  TO  SET FORTH REQUIREMENTS FOR
  9        RELEASE OF THE VEHICLE, TO PROVIDE FOR DISPOSITION OF THE VEHICLE  IF  THE
 10        OWNER  OR  OPERATOR  IS NOT CONVICTED, TO PROVIDE A CAUSE OF ACTION BY THE
 11        REGISTERED OWNER, TO PROVIDE FOR IMMUNITY FROM LIABILITY AND TO  DEFINE  A
 12        TERM;  AMENDING CHAPTER 14, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW
 13        SECTION 49-1432, IDAHO CODE, TO PROVIDE FOR FORFEITURE OF  A  VEHICLE  AND
 14        THE  GROUNDS  FOR FORFEITURE, TO PROVIDE FOR FORFEITURE PROCEEDINGS AND TO
 15        PROVIDE FOR SALE OF THE VEHICLE AND  DISTRIBUTION  OF  THE  PROCEEDS;  AND
 16        AMENDING  SECTION  18-8005,  IDAHO CODE, TO PROVIDE FOR THE IMPOUNDMENT OF
 17        VEHICLES FOR PERSONS CONVICTED MULTIPLE TIMES OF DRIVING UNDER THE  INFLU-
 18        ENCE OF ALCOHOL, DRUGS OR OTHER INTOXICATING SUBSTANCES.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION  1.  That  Chapter  14,  Title 49, Idaho Code, be, and the same is
 21    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 22    ignated as Section 49-1431, Idaho Code, and to read as follows:
                                                                        
 23        49-1431.  SEIZURE  AND  IMPOUNDMENT  OF  VEHICLES  --  NOTICE -- LENGTH OF
 24    IMPOUNDMENT -- RELEASE OF VEHICLE. (1) If a peace officer arrests or cites the
 25    operator of a vehicle for an offense for which impoundment  of  a  vehicle  is
 26    required  under  the  provisions  of  section 18-8005, Idaho Code, the officer
 27    shall impound the vehicle and remove it to a place of safety.
 28        (2)  The vehicle shall remain impounded until released to  the  registered
 29    owner as provided in subsections (4) and (5) of this section.
 30        (3)  The  governmental  agency impounding the vehicle shall give notice of
 31    the impoundment to the registered owner of the vehicle at  the  address  indi-
 32    cated  in  the  records  of  the  Idaho transportation department or a similar
 33    department of another state if the records are maintained in that  state.  The
 34    notice shall:
 35        (a)  State the date, time and place of impoundment, the name of the person
 36        operating  the vehicle at the time of impoundment, if applicable, the rea-
 37        son for impoundment and the name of the place where the vehicle is stored;
 38        (b)  State that the registered owner is responsible for payment of towing,
 39        impound and any storage fees charged against the vehicle; and
 40        (c)  Inform the registered owner of the requirements for  release  of  the
 41        vehicle, as provided in subsection (5) of this section.
 42        (4)  (a)  If  the operator is also the registered owner of the vehicle and
 43        the owner/operator is found guilty of or pleads guilty to the offense  for
                                                                        
                                           2
                                                                        
  1        which the vehicle was impounded, the sentencing court shall order that the
  2        vehicle  remain  impounded  if  not  previously released or direct the law
  3        enforcement agency of the county or city of the person's residence to:
  4             (i)   Move the vehicle from the place of impoundment  and  render  it
  5             inoperable  in a manner directed by the court at the owner/operator's
  6             residence or such other place designated by the court;
  7             (ii)  Seize and impound the vehicle; or
  8             (iii) Render  the  vehicle inoperable in the manner designated by the
  9             court at the owner/operator's residence or such  other  place  desig-
 10             nated by the court;
 11        for a period of not less than thirty (30) days, not including any previous
 12        period  of  impoundment.  In its order the court shall specify the date on
 13        which the vehicle may be released or again rendered operable,  subject  to
 14        the  owner/operator's  compliance with the conditions for release provided
 15        in subsection (5) of this section.
 16             The vehicle may be rendered inoperable by booting, locking the steer-
 17        ing wheel or such other reasonable means as the court may order.
 18        (b)  If the vehicle is  subject  to  forfeiture  as  provided  in  section
 19        18-8005,  Idaho  Code,  the  court  shall  order  that  the vehicle remain
 20        impounded or rendered inoperable until forfeiture  proceedings  have  been
 21        initiated under the provisions of section 49-1432, Idaho Code.
 22        (c)  The  owner/operator  is  responsible  for  all  costs associated with
 23        actions taken pursuant to the provisions of paragraphs (a) and (b) of this
 24        subsection.
 25        (d)  The provisions of this subsection (4) shall apply to the vehicle even
 26        if the vehicle is subject to joint ownership or is the only  vehicle  rea-
 27        sonably  available  to the spouse of the owner/operator; provided however,
 28        that upon application to the court having jurisdiction of  the  underlying
 29        criminal  offense,  the joint owner or spouse of the owner/operator may be
 30        allowed the use of the vehicle if the person is  otherwise  authorized  to
 31        drive  a  vehicle and the court determines that deprivation of the vehicle
 32        would constitute an extreme hardship to the innocent party. The court  may
 33        impose  such  other  conditions or restrictions as it deems appropriate in
 34        the circumstances.
 35        (e)  If the vehicle has not been released prior to the disposition of  the
 36        charges  against  the owner/operator and the charges for which the vehicle
 37        was impounded are dismissed or the owner/operator is found not  guilty  of
 38        those  charges,  or the owner/operator pleads guilty to or is found guilty
 39        of an offense for which impoundment is not permitted, the vehicle shall be
 40        released to the owner/operator upon compliance with the provisions of sub-
 41        section  (5)  of  this  section.  If  the  original  charges  against  the
 42        owner/operator would require forfeiture of the vehicle  under  the  provi-
 43        sions of section 18-8005, Idaho Code, and the owner/operator pleads guilty
 44        to  a  lesser  offense to which the thirty (30) day period provided for in
 45        subsection (4)(a) of this  section  would  apply,  the  vehicle  shall  be
 46        ordered impounded or otherwise rendered inoperable for such period.
 47        (5)  Except  as  otherwise provided in subsection (4) of this section, the
 48    impounded vehicle shall be released to the registered owner  or  agent  of  an
 49    owner if the person:
 50        (a)  Makes a claim in person for release of the vehicle;
 51        (b)  Pays an impound fee of twenty-five dollars ($25.00);
 52        (c)  Pays  all  towing  and  storage fees and provides proof of payment as
 53        required by the governmental agency;
 54        (d)  Presents proof of ownership of the impounded vehicle;
 55        (e)  Presents a certificate of  liability  insurance  or  other  proof  of
                                                                        
                                           3
                                                                        
  1        financial responsibility as required by Idaho law; and
  2        (f)  Presents a valid driver's license.
  3        (6)  Notwithstanding the provisions of section 19-4705, Idaho Code, to the
  4    contrary, the impound fees provided in subsection (5)(b) of this section shall
  5    be  retained  by  the governmental agency impounding the vehicle to defray the
  6    costs of the impoundment.
  7        (7)  Upon the payment of all fees and charges  required  to  be  paid  for
  8    release of the vehicle, the registered owner of the vehicle shall have a cause
  9    of  action  against  the  operator  of  the  vehicle  whose actions caused the
 10    impoundment for all such fees and charges, together with damages, court  costs
 11    and attorney's fees.
 12        (8)  Liability  may  not be imposed upon any peace officer or governmental
 13    agency on account of the enforcement of this section.
 14        (9)  For purposes  of  this  section  and  section  49-1432,  Idaho  Code,
 15    "governmental agency" means the state of Idaho, a county or a municipality.
                                                                        
 16        SECTION  2.  That  Chapter  14,  Title 49, Idaho Code, be, and the same is
 17    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 18    ignated as Section 49-1432, Idaho Code, and to read as follows:
                                                                        
 19        49-1432.  FORFEITURE  OF  VEHICLE  --  PROCEDURE. (1) An impounded vehicle
 20    shall be subject to forfeiture under the provisions of this section:
 21        (a)  If the vehicle is not claimed by a registered owner  other  than  the
 22        operator of the vehicle at the time of impoundment, within sixty (60) days
 23        after notice of the impoundment pursuant to section 49-1431, Idaho Code;
 24        (b)  If the vehicle is not claimed by a registered owner who was the oper-
 25        ator  of  the  vehicle  at  the time of impoundment within sixty (60) days
 26        after the vehicle is released by the court pursuant to section 49-1431(4),
 27        Idaho Code; or
 28        (c)  If the Idaho transportation department or the governmental agency  is
 29        unable  to  determine  the owner of the vehicle through reasonable efforts
 30        and the vehicle has remained impounded for sixty (60) days or more.
 31        (2)  Vehicles subject to forfeiture as provided in this section shall  not
 32    be subject to replevin, but shall be deemed to be in the custody of the prose-
 33    cuting  attorney of the county in which the vehicle is impounded, subject only
 34    to the orders and decrees of the  district  court,  or  magistrate's  division
 35    thereof,  having  jurisdiction over the forfeiture proceedings. Proceedings to
 36    forfeit a vehicle hereunder shall be civil actions against  the  property  and
 37    the  standard of proof shall be preponderance of the evidence. The proceedings
 38    shall be governed by the Idaho rules of civil procedure.
 39        (3)  Forfeiture proceedings shall be filed in the district  court  of  the
 40    county  where  the vehicle was impounded. The court may order the vehicle for-
 41    feited to the appropriate prosecuting attorney upon a determination  that  one
 42    (1)  of  the  conditions provided in subsection (1) of this section exists and
 43    all notices required to be sent to the registered owner under section 49-1431,
 44    Idaho Code, and this section have been sent.
 45        (4)  (a) Notice of any forfeiture proceedings shall be given to each owner
 46        or party in interest who has a right, title or interest in the vehicle, as
 47        determined by the records of the Idaho transportation department or a sim-
 48        ilar department of another state if the records  are  maintained  in  that
 49        state, by service of a copy of the complaint and summons by one (1) of the
 50        following methods:
 51             (i)   Upon  each  owner or party in interest by mailing a copy of the
 52             complaint and summons by certified mail to the address as given  upon
 53             the records of the department; or
                                                                        
                                           4
                                                                        
  1             (ii)  Upon  each owner or party in interest whose name and address is
  2             known, by mailing a copy of the notice by registered mail to the last
  3             known address.
  4        (b)  Within twenty (20) days after the mailing of the notice, the owner of
  5        the vehicle or party in interest may file a verified answer and  claim  to
  6        the property described in the complaint.
  7        (5)  If  at  the  end of twenty (20) days after the notice has been mailed
  8    there is no verified answer on file, the court shall hear evidence  supporting
  9    the  forfeiture  of  the vehicle and shall order the property forfeited if the
 10    plaintiff's burden has been met.
 11        (6)  If a verified answer is filed, the forfeiture  proceedings  shall  be
 12    set  for trial before the court without a jury or with a jury, if a jury trial
 13    is requested as provided in the Idaho rules of civil procedure.  A  forfeiture
 14    proceeding commenced under the provisions of this subsection shall have prior-
 15    ity over other civil cases.
 16        (7)  At  the  hearing, any owner having a verified answer on file may show
 17    by competent evidence that his interest in the vehicle is not subject to  for-
 18    feiture.  If  the  court finds that the property is not subject to forfeiture,
 19    the court shall order the property released to the owner as his  right,  title
 20    or  interest  appeared at the time of the impoundment on records of the appro-
 21    priate department. Upon proof of a valid interest in the vehicle by a co-owner
 22    or claimant of any right, title or interest in the vehicle,  whether  under  a
 23    lien,  mortgage,  conditional sales contract or otherwise, the court may order
 24    the vehicle released to the bona fide or innocent  owner  or  co-owner,  lien-
 25    holder, mortgagee or conditional sales vendor.
 26        (8)  If  the  amount  due  to any bona fide or innocent owner or co-owner,
 27    lienholder, mortgagee or conditional sales vendor is less than  the  value  of
 28    the  vehicle,  it  may  be sold at public auction. Notice of the sale shall be
 29    published in at least one (1) publication of the  official  newspaper  of  the
 30    locality in which the vehicle is to be sold at least one (1) week prior to the
 31    sale. The proceeds from the sale shall be distributed in the following order:
 32        (a)  To the bona fide or innocent owner or co-owner, lienholder, mortgagee
 33        or conditional sales vendor of the vehicle, if any, up to the value of his
 34        interest in the vehicle;
 35        (b)  The  balance to the governmental agency whose law enforcement officer
 36        impounded the vehicle for all expenditures made or incurred in  connection
 37        with the impoundment of the vehicle, and all expenditures made or incurred
 38        in connection with the forfeiture proceedings and the sale of the vehicle;
 39        (c)  The  remainder,  if any, shall be retained by the governmental agency
 40        whose peace officer impounded the vehicle.
 41        (9)  Notwithstanding any other provision of this section, upon being  sat-
 42    isfied  that  the  interest of a co-owner or claimant should not be subject to
 43    forfeiture because he/she neither knew nor should have known that the personal
 44    property was being used or had been used for the purposes alleged, or that due
 45    to preexisting security interests in the property there is no equity which may
 46    be forfeited, the attorney general or appropriate prosecuting  attorney,  with
 47    authorization  of  the court, may release the property to the co-owner, holder
 48    of the security interest or other claimant.
                                                                        
 49        SECTION 3.  That Section 18-8005, Idaho Code, be, and the same  is  hereby
 50    amended to read as follows:
                                                                        
 51        18-8005.  PENALTIES.  (1)  Any  person  who  pleads  guilty to or is found
 52    guilty of a violation of the provisions of section 18-8004(1)(a) or (5), Idaho
 53    Code, for the first time is guilty of a misdemeanor; and, except  as  provided
                                                                        
                                           5
                                                                        
  1    in section 18-8004C, Idaho Code:
  2        (a)  May be sentenced to jail for not to exceed six (6) months;
  3        (b)  May be fined an amount not to exceed one thousand dollars ($1,000);
  4        (c)  Shall be advised by the court in writing at the time of sentencing of
  5        the penalties that will be imposed for subsequent violations of the provi-
  6        sions  of section 18-8004, Idaho Code, which advice shall be signed by the
  7        defendant, and a copy retained by the court and another copy  retained  by
  8        the prosecuting attorney; and
  9        (d)  Shall have his driving privileges suspended by the court for a period
 10        of  thirty  (30)  days  which shall not be reduced and during which thirty
 11        (30) day period absolutely no  driving  privileges  of  any  kind  may  be
 12        granted.  After the thirty (30) day period of absolute suspension of driv-
 13        ing privileges has passed, the defendant  shall  have  driving  privileges
 14        suspended  by  the  court  for an additional period of at least sixty (60)
 15        days, not to exceed one hundred fifty (150) days during which the  defend-
 16        ant  may  request restricted driving privileges which the court may allow,
 17        if the defendant shows by a preponderance of  the  evidence  that  driving
 18        privileges are necessary for his employment or for family health needs.
 19        (2)  Any  person who pleads guilty to or is found guilty of a violation of
 20    the provisions of section 18-8004(1)(b), Idaho Code, for  the  first  time  is
 21    guilty of a misdemeanor and subject to:
 22        (a)  The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and
 23        (b)  The provisions of section 49-335, Idaho Code.
 24        (3)  Any  person who pleads guilty to or is found guilty of a violation of
 25    the provisions of section 18-8004(1)(c), Idaho Code, for the  first  time,  is
 26    guilty of a misdemeanor and is subject to:
 27        (a)  The provisions of section 18-8005(1)(a), (b) and (c), Idaho Code; and
 28        (b)  The provisions of section 49-335, Idaho Code.
 29        (4)  Any  person who pleads guilty to or is found guilty of a violation of
 30    the provisions of section 18-8004(1)(a), (b) or (c), Idaho  Code,  who  previ-
 31    ously has been found guilty of or has pled guilty to a violation of the provi-
 32    sions  of  section 18-8004(1)(a), (b) or (c), Idaho Code, or any substantially
 33    conforming foreign criminal violation within five (5)  years,  notwithstanding
 34    the form of the judgment(s) or withheld judgment(s), and except as provided in
 35    section  18-8004C, Idaho Code, is guilty of a misdemeanor; and, except as pro-
 36    vided in section 18-8004C, Idaho Code:
 37        (a)  Shall be sentenced to jail for a mandatory minimum period of not less
 38        than ten (10) days the first forty-eight (48) hours of which must be  con-
 39        secutive,  and  five (5) days of which must be served in jail, as required
 40        by 23 U.S.C. section 164, and may be sentenced to not more  than  one  (1)
 41        year,  provided  however,  that in the discretion of the sentencing judge,
 42        the judge may authorize the defendant to be assigned to a work detail pro-
 43        gram within the custody of the county sheriff during the period of  incar-
 44        ceration;
 45        (b)  May be fined an amount not to exceed two thousand dollars ($2,000);
 46        (c)  Shall  be  advised by the court in writing at the time of sentencing,
 47        of the penalties that will be imposed for  subsequent  violations  of  the
 48        provisions of section 18-8004, Idaho Code, which advice shall be signed by
 49        the defendant, and a copy retained by  the court and another copy retained
 50        by the prosecuting attorney;
 51        (d)  Shall surrender his driver's license or permit to the court;
 52        (e)  Shall have his driving privileges suspended by the court for an addi-
 53        tional  mandatory  minimum  period of one (1) year after release from con-
 54        finement, during which one (1) year period absolutely  no  driving  privi-
 55        leges of any kind may be granted; and
                                                                        
                                           6
                                                                        
  1        (f)  Shall,  while  operating a motor vehicle, be required to drive only a
  2        motor vehicle equipped with a functioning ignition  interlock  system,  as
  3        provided in section 18-8008, Idaho Code, following the one (1) year manda-
  4        tory license suspension period.;
  5        (g)  If the person has pled guilty or was found guilty for the second time
  6        within  five  (5)  years  of  a  violation  of  the  provisions of section
  7        18-8004(1)(b) or (c), Idaho Code, then the provisions of  section  49-335,
  8        Idaho Code, shall apply; and
  9        (h)  If  the person was the registered owner of the vehicle being operated
 10        at the time of the offense for which penalties are imposed under the  pro-
 11        visions  of  this  subsection, the vehicle shall be impounded or otherwise
 12        rendered inoperable for a period of thirty (30) days, as provided in  sec-
 13        tions 49-1431 and 49-1432, Idaho Code.
 14        (5)  Except  as  provided  in section 18-8004C, Idaho Code, any person who
 15    pleads guilty to or is found guilty of a violation of the provisions  of  sec-
 16    tion  18-8004(1)(a),  (b)  or  (c),  Idaho Code, who previously has been found
 17    guilty of or has pled guilty to two (2) or more violations of  the  provisions
 18    of  section  18-8004(1)(a),  (b) or (c), Idaho Code, or any substantially con-
 19    forming foreign criminal violation, or any combination  thereof,  within  five
 20    (5)   years,   notwithstanding   the  form  of  the  judgment(s)  or  withheld
 21    judgment(s), shall be guilty of a felony; and
 22        (a)  Shall be sentenced to the custody of the state  board  of  correction
 23        for not to exceed five (5) years; provided that notwithstanding the provi-
 24        sions of section 19-2601, Idaho Code, should the court impose any sentence
 25        other than incarceration in the state penitentiary, the defendant shall be
 26        sentenced  to  the  county jail for a mandatory minimum period of not less
 27        than thirty (30) days, the first forty-eight (48) hours of which  must  be
 28        consecutive,  and  ten  (10)  days  of  which  must  be served in jail, as
 29        required by 23 U.S.C. section 164; and further provided that notwithstand-
 30        ing the provisions of section 18-111, Idaho Code, a conviction under  this
 31        section shall be deemed a felony;
 32        (b)  May be fined an amount not to exceed five thousand dollars ($5,000);
 33        (c)  Shall surrender his driver's license or permit to the court; and
 34        (d)  Shall have his driving privileges suspended by the court for a manda-
 35        tory  minimum  period of one (1) year after release from imprisonment, and
 36        may have his driving privileges suspended by the court for not  to  exceed
 37        five (5) years after release from imprisonment, during which time he shall
 38        have absolutely no driving privileges of any kind; and
 39        (e)  Shall,  while  operating a motor vehicle, be required to drive only a
 40        motor vehicle equipped with a functioning ignition  interlock  system,  as
 41        provided  in  section 18-8008, Idaho Code, following the mandatory one (1)
 42        year license suspension period; and
 43        (f)  With respect to a violation of section 18-8004(1)(a), Idaho Code,  if
 44        the  person  was the registered owner of the vehicle being operated at the
 45        time of the offense for which penalties are imposed under this subsection,
 46        the vehicle shall be seized and impounded and forfeited,  as  provided  in
 47        sections 49-1431 and 49-1432, Idaho Code.
 48        (6)  For  the  purpose of computation of the enhancement period in subsec-
 49    tions (4), (5) and (7) of this section, the time that elapses between the date
 50    of commission of the offense and the date the defendant pleads  guilty  or  is
 51    found  guilty  for the pending offense shall be excluded. If the determination
 52    of guilt against the defendant is reversed upon appeal, the time that  elapsed
 53    between  the  date of the commission of the offense and the date the defendant
 54    pleads guilty or is found guilty following the appeal shall also be excluded.
 55        (7)  Notwithstanding the provisions of subsections (4)  and  (5)  of  this
                                                                        
                                           7
                                                                        
  1    section,  any person who has pled guilty or has been found guilty of a  felony
  2    violation of the provisions of section 18-8004, Idaho Code, a felony violation
  3    of the provisions of section 18-8004C, Idaho Code, a violation of  the  provi-
  4    sions of section 18-8006, Idaho Code, a violation of the provisions of section
  5    18-4006  3.(b),  Idaho  Code, or any substantially conforming foreign criminal
  6    felony violation, and within ten (10) years pleads guilty or is  found  guilty
  7    of a further violation of the provisions of section 18-8004, Idaho Code, shall
  8    be  guilty  of  a  felony and shall be sentenced pursuant to subsection (5) of
  9    this section.
 10        (8)  For the purpose of subsections (4), (5) and (7) of this  section  and
 11    the  provisions  of  section  18-8004C, Idaho Code, a substantially conforming
 12    foreign criminal violation exists when a person has pled guilty to or has been
 13    found guilty of a violation of any federal law or law of another state, or any
 14    valid county, city, or town ordinance of another state substantially  conform-
 15    ing  to  the  provisions  of section 18-8004, Idaho Code. The determination of
 16    whether a foreign criminal violation is substantially conforming is a question
 17    of law to be determined by the court.
 18        (9)  Any person who pleads guilty to or is found guilty of a violation  of
 19    the  provisions  of  section  18-8004,  18-8004C or 18-8006, Idaho Code, shall
 20    undergo, at his own expense, (or at county expense through the procedures  set
 21    forth  in chapters 34 and 35, title 31, Idaho Code,) and prior to the sentenc-
 22    ing date, an alcohol evaluation by an alcohol evaluation facility approved  by
 23    the Idaho department of health and welfare; provided however, if the defendant
 24    has  no  prior  or  pending  charges with respect to the provisions of section
 25    18-8004, 18-8004C or 18-8006, Idaho Code, and the court has  the  records  and
 26    information required under subsections (10)(a), (b) and (c) of this section or
 27    possesses  information from other reliable sources relating to the defendant's
 28    use or nonuse of alcohol or drugs which does not give the court any reason  to
 29    believe that the defendant regularly abuses alcohol or drugs and is in need of
 30    treatment, the court may, in its discretion, waive the evaluation with respect
 31    to  sentencing  for a violation of section 18-8004 or 18-8004C(1), Idaho Code,
 32    and proceed to sentence the defendant. The court may also, in its  discretion,
 33    waive  the  requirement of an alcohol evaluation with respect to a defendant's
 34    violation of the provisions of section 18-8004,  18-8004C  or  18-8006,  Idaho
 35    Code,  and  proceed  to  sentence the defendant if the court has a presentence
 36    investigation report, substance abuse assessment,  criminogenic  risk  assess-
 37    ment,  or  other  assessment which evaluates the defendant's degree of alcohol
 38    abuse and need for alcohol treatment conducted within twelve (12) months  pre-
 39    ceding the date of the defendant's sentencing. In the event an alcohol evalua-
 40    tion  indicates the need for alcohol treatment, the evaluation shall contain a
 41    recommendation by the evaluator as to the most appropriate treatment  program,
 42    together  with the estimated cost thereof, and recommendations for other suit-
 43    able  alternative  treatment  programs,  together  with  the  estimated  costs
 44    thereof. The person shall request that a copy of the completed  evaluation  be
 45    forwarded to the court. The court shall take the evaluation into consideration
 46    in  determining an appropriate sentence. If a copy of the completed evaluation
 47    has not been provided to the court, the court  may  proceed  to  sentence  the
 48    defendant; however, in such event, it shall be presumed that alcohol treatment
 49    is  required  unless  the defendant makes a showing by a preponderance of evi-
 50    dence that treatment  is not required. If the defendant has not  made  a  good
 51    faith effort to provide the completed copy of the evaluation to the court, the
 52    court  may  consider  the failure of the defendant to provide the report as an
 53    aggravating circumstance in determining an appropriate sentence. If  treatment
 54    is  ordered,  in no event shall the person or facility doing the evaluation be
 55    the person or facility that provides the treatment unless this requirement  is
                                                                        
                                           8
                                                                        
  1    waived  by  the  sentencing  court, with the exception of federally recognized
  2    Indian tribes or federal military installations, where diagnosis and treatment
  3    are appropriate and available. Nothing herein contained shall preclude the use
  4    of funds authorized pursuant to the provisions of chapter 3, title  39,  Idaho
  5    Code, for court-ordered alcohol treatment for indigent defendants.
  6        (10) At  the time of sentencing, the court shall be provided with the fol-
  7    lowing information:
  8        (a)  The results, if administered, of any  evidentiary  test  for  alcohol
  9        and/or drugs;
 10        (b)  A computer or teletype or other acceptable copy of the person's driv-
 11        ing record;
 12        (c)  Information  as  to  whether the defendant has pled guilty to or been
 13        found guilty of violation of the provisions of section  18-8004,  18-8004C
 14        or  18-8006,  Idaho  Code,  or  a similar offense within the past five (5)
 15        years,  notwithstanding  the  form  of   the   judgment(s)   or   withheld
 16        judgment(s); and
 17        (d)  The alcohol evaluation required in subsection (9) of this section, if
 18        any.
 19        (11) A  minor  may be prosecuted for a violation of the provisions of sec-
 20    tion 18-8004 or 18-8004C, Idaho Code, under chapter 5, title 20,  Idaho  Code.
 21    In   addition  to  any  other penalty, if a minor pleads guilty to or is found
 22    guilty of a violation of the provisions of section 18-8004(1)(a), (b)  or  (c)
 23    or  18-8004C,  Idaho  Code,  he shall have his driving privileges suspended or
 24    denied for an additional one (1) year following the end of any period of  sus-
 25    pension  or  revocation  existing  at  the  time of the violation, or until he
 26    reaches the age of twenty-one (21) years, whichever period is greater.  During
 27    the  period  of  additional suspension or denial, absolutely no driving privi-
 28    leges shall be allowed.
 29        (12) In the event that the alcohol evaluation required in  subsection  (9)
 30    of this section recommends alcohol treatment, the court shall order the person
 31    to complete a treatment program in addition to any other sentence which may be
 32    imposed,  unless the court determines that alcohol treatment would be inappro-
 33    priate or undesirable, in which event, the court shall enter findings  articu-
 34    lating the reasons for such determination on the record. The court shall order
 35    the  defendant  to  complete  the preferred treatment program set forth in the
 36    evaluation, or a comparable alternative, unless it appears that the  defendant
 37    cannot  reasonably  obtain adequate financial resources for such treatment. In
 38    that event, the court may order the defendant to complete a less costly alter-
 39    native set forth in the evaluation, or a comparable  program.  Such  treatment
 40    shall, to the greatest extent possible, be at the expense of the defendant. In
 41    the  event  that  funding  is provided for or on behalf of the defendant by an
 42    entity of state government, restitution shall be ordered to such  governmental
 43    entity  in  accordance  with  the  restitution procedure for crime victims, as
 44    specified under chapter 53, title 19, Idaho  Code.  Nothing  contained  herein
 45    shall  be  construed  as requiring a court to order that a governmental entity
 46    shall  provide  alcohol  treatment  at  government  expense  unless  otherwise
 47    required by law.
 48        (13) Any person who is disqualified, or whose driving privileges have been
 49    suspended, revoked or canceled under the provisions of this chapter, shall not
 50    be granted restricted driving privileges to operate a commercial  motor  vehi-
 51    cle.

Statement of Purpose / Fiscal Impact


                         STATEMENT OF PURPOSE

                               RS 15723

Relating to impoundment of vehicles of persons convicted of driving
under the influence of alcohol, drugs or other intoxicating
substance; amending Chapter 14, Title 49, Idaho Code, by the addition
of a new section 49-1431, Idaho Code, to provide for seizure and
impoundment of vehicles, to provide for notice, to provide for
impoundment or rendering the vehicle inoperable for thirty days upon
conviction, to provide for treatment of the vehicle if subject to
forfeiture, to set forth requirements for release of the vehicle, to
provide for disposition of the vehicle if the owner or operator is
not convicted, to provide a cause of action by the registered owners,
to provide for immunity from liability and to define a term; amending
Chapter 14, Title 49, Idaho Code, by the addition of a new Section
49-1432, Idaho Code, to provide for forfeiture of a vehicle and the
grounds for forfeiture, to provide for forfeiture proceedings and to
provide for sale of the vehicle and distribution of the proceeds; and 
amending Section 18-8005, Idaho Code, to provide for the impoundment
of vehicles for persons convicted multiple times of driving under the
influence of alcohol, drugs or other intoxicating substances.


                              FISCAL NOTE

                                 None


Contact
Name: Senator John McGee 
Phone: (208) 332-1336



STATEMENT OF PURPOSE/FISCAL NOTE                            S 1291