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S1398................................................by JUDICIARY AND RULES LAW ENFORCEMENT - ROAD BLOCKS - Amends existing law to allow law enforcement officers to set up road blocks to detect drivers that may be under the influence of alcohol, drugs or other intoxicating substances; and to revise terminology. 02/14 Senate intro - 1st rdg - to printing 02/15 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1398 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE AUTHORITY TO ESTABLISH ROADBLOCKS; AMENDING SECTION 19-621, 3 IDAHO CODE, TO AUTHORIZE LAW ENFORCEMENT OFFICERS TO ESTABLISH ROADBLOCKS 4 TO DETECT DRIVERS THAT MAY BE UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY 5 OTHER INTOXICATING SUBSTANCES, IN VIOLATION OF SECTION 18-8004, IDAHO 6 CODE, TO REVISE TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 19-621, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 19-621. AUTHORITY TO ESTABLISHROAD BLOCKSROADBLOCKS. The duly elected 11 or appointed sheriffs, state policemenor policemenof citiesof the first or12second classof the state of Idaho are hereby authorized to establish, in 13 their respective or adjacent jurisdictions, temporaryroad blocksroadblocks 14 upon the highways of this state or city streets for the following purposes: 15 (1)of apprehendingTo apprehend persons reasonably believed by such 16 officers to be wanted for violation of the laws of this state, of any other 17 state, or of the United States, and using such highways or streets; or 18 (2) To detect drivers who may be under the influence of alcohol, drugs or 19 any other intoxicating substances, in violation of section 18-8004, Idaho 20 Code.
STATEMENT OF PURPOSE RS 15441C1 This legislation is designed to reduce the number of motor vehicle drivers choosing to drive while under the influence of drugs and alcohol; thereby making our roads safer for law-abiding citizens. Specifically, this legislation allows law enforcement officers to set-up temporary sobriety checkpoints. The Idaho Attorney General has advised that this legislation coupled with guidelines established by law enforcement agencies would make these roadblocks conform to constitutional law. Nationally, 40 states conduct sobriety checkpoints. This legislation will give Idaho law enforcement officials an important tool to get DUI (Driving Under the Influence) offenders off our roads and improve the safety of our citizens. FISCAL NOTE The fiscal impact cannot be determined. Utilization of sobriety checkpoints will likely be infrequent and the results cannot be estimated. However, law enforcement officials estimated that based on the experience of other states, sobriety checkpoints are less expensive than saturation patrols currently used in Idaho and the effectiveness is substantially better. It is likely that there will be an increase in the number of DUI violators that will be impacted by this legislation. Accordingly, this legislation will likely have the fiscal effect of increasing the costs of local and state law enforcement, prosecution, jail, courts and prisons. However, it will likely also have a positive fiscal impact because it should decrease citizen and taxpayer costs associated with the injury and death of our law-abiding citizens as they travel on our roads. Contact Persons: Representative Rich Wills (208) 332-1218 Senator Hal Bunderson (208) 332-1319 Heather Reilly, Idaho Prosecuting Attorneys (208) 287-7700 Mike Kane, Idaho Sheriffs Association (208) 342-4545 Aleshea Lind, MADD (208) 853-3700 STATEMENT OF PURPOSE/FISCAL NOTE S 1398