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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 - 2006IN 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 electorwhichthat 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,wilfullywillfully 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 personwilfullywillfully 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 onehundredthousand 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 shallwilfully24 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 abetany oneanyone 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 ablewithby death, by imprisonment in the state prison not less than one (1) 44ornor 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 MAKINGBOOKMAKING AND POOL SELLING. Any person who for 40 gain, hire or profit engages in pool selling orbook makingbookmaking 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 orbook makingbookmaking, 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 andwilfullywillfully 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 misdemeanorand punishable21as 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 thanthree hundredone 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 thisactsection 18-4629, Idaho Code, shall constitute a misdemeanor, and 16 upon conviction, be punishable by a fine of not to exceedthree hundredone 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 whowilfullywillfully 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 29three hundredone 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 35wilfullywillfully 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 exceedingthree hundredone 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 thisactchapter. 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 thisactchapter 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 generalaccountfund, 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 27actchapter 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 thanfive hun-23dredone 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 thanonetwo 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.
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