Print Friendly SENATE BILL NO. 1398 – Law enforcement, road blocks, DUI
SENATE BILL NO. 1398
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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 - 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 police men or police men 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
STATEMENT OF PURPOSE
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.
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.
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