2006 Legislation
Print Friendly

HOUSE BILL NO. 629 – Misdemeanors, certain penalties

HOUSE BILL NO. 629

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



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Statement of Purpose / Fiscal Impact


REPRINT      REPRINT      REPRINT      REPRINT      REPRINT

                       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