2006 Legislation
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SENATE BILL NO. 1398 – Law enforcement, road blocks, DUI

SENATE BILL NO. 1398

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN 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 ESTABLISH ROAD BLOCKS ROADBLOCKS. The  duly  elected
 11    or  appointed sheriffs, state policemen or policemen of cities of the first or
 12    second class of the state of Idaho are  hereby  authorized  to  establish,  in
 13    their  respective  or adjacent jurisdictions, temporary road blocks roadblocks
 14    upon the highways of this state or city streets for the following purposes:
 15        (1)  of apprehending To 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 / Fiscal Impact



                       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