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H0176................................by JUDICIARY, RULES AND ADMINISTRATION
RECKLESS DRIVING - Amends and adds to existing law relating to motor
vehicle offenses to reference penalty provisions for aggravated reckless
driving; to set forth the crime of aggravated reckless driving and to
provide penalties.
02/12 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
02/23 3rd rdg - PASSED - 60-6-4
AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Luker, Mathews, McGeachin, Moyle, Nielsen, Nonini, Pasley-Stuart,
Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche,
Sayler, Schaefer, Shepherd(2), Shirley, Shively, Smith(30),
Snodgrass, Stevenson, Trail, Vander Woude, Wills, Wood(27)
NAYS -- Barrett, Marriott, Mortimer, Shepherd(8), Thayn, Wood(35)
Absent and excused -- Collins, Loertscher, Smith(24), Mr. Speaker
Floor Sponsor - Luker
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Jud
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/12 3rd rdg - FAILED - 15-20-0
AYES -- Andreason, Bastian, Bilyeu, Cameron, Darrington, Davis, Hill,
Jorgenson, Kelly, Keough, Little, Lodge, McGee, Richardson, Schroeder
NAYS -- Bair, Broadsword, Burkett, Coiner, Corder, Fulcher, Gannon,
Geddes, Goedde, Hammond, Heinrich, Langhorst, Malepeai, McKague,
McKenzie, Pearce, Siddoway, Stegner, Stennett, Werk
Absent and excused -- None
Floor Sponsor - Darrington
Ret'd to House
Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 176
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO MOTOR VEHICLE OFFENSES; AMENDING SECTION 49-1401, IDAHO CODE, TO
3 REFERENCE PENALTY PROVISIONS FOR AGGRAVATED RECKLESS DRIVING; AND AMENDING
4 CHAPTER 14, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
5 49-1401A, IDAHO CODE, TO SET FORTH THE CRIME OF AGGRAVATED RECKLESS DRIV-
6 ING AND TO PROVIDE PENALTIES.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 49-1401, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 49-1401. RECKLESS DRIVING. (1) Any person who drives or is in actual
11 physical control of any vehicle upon a highway, or upon public or private
12 property open to public use, carelessly and heedlessly or without due caution
13 and circumspection, and at a speed or in a manner as to endanger or be likely
14 to endanger any person or property, or who passes when there is a line in his
15 lane indicating a sight distance restriction, shall be guilty of reckless
16 driving and upon conviction shall be punished as provided in subsection (2) of
17 this section unless otherwise provided for in section 49-1401A, Idaho Code.
18 (2) Every person who pleads guilty to or is found guilty of reckless
19 driving for the first time is guilty of a misdemeanor and may be sentenced to
20 jail for not more than six (6) months or may be fined not more than one thou-
21 sand dollars ($1,000), or may be punished by both fine and imprisonment. Every
22 person who pleads guilty to or is found guilty of reckless driving, who has
23 previously been found guilty of or has pled guilty to reckless driving, or any
24 substantially conforming foreign criminal violation within five (5) years,
25 notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty
26 of a misdemeanor and may be sentenced to jail for not more than one (1) year
27 or may be fined not more than two thousand dollars ($2,000), or may be pun-
28 ished by both fine and imprisonment. The department shall suspend the driver's
29 license or privileges of any such person as provided in section 49-326, Idaho
30 Code.
31 (3) Inattentive driving shall be considered a lesser offense than reck-
32 less driving and shall be applicable in those circumstances where the conduct
33 of the operator has been inattentive, careless or imprudent, in light of the
34 circumstances then existing, rather than heedless or wanton, or in those cases
35 where the danger to persons or property by the motor vehicle operator's con-
36 duct is slight. Every person convicted of inattentive driving under this sec-
37 tion shall be guilty of a misdemeanor and may be sentenced to jail for not
38 more than ninety (90) days or may be fined not more than three hundred dollars
39 ($300), or may be punished by both fine and imprisonment.
40 SECTION 2. That Chapter 14, Title 49, Idaho Code, be, and the same is
41 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
42 ignated as Section 49-1401A, Idaho Code, and to read as follows:
2
1 49-1401A. AGGRAVATED RECKLESS DRIVING. Any person causing great bodily
2 harm, permanent disability or permanent disfigurement to any person other than
3 himself in committing a violation of section 49-1401(1), Idaho Code, is guilty
4 of a felony and:
5 (1) Shall be sentenced to the state board of correction for not to exceed
6 five (5) years;
7 (2) May be fined in an amount not to exceed five thousand dollars
8 ($5,000);
9 (3) Shall be ordered by the court to pay restitution in accordance with
10 chapter 53, title 19, Idaho Code; and
11 (4) Shall surrender his driver's license or permit to the court and shall
12 have his driving privileges suspended by the court for not to exceed five (5)
13 years after release from imprisonment.
STATEMENT OF PURPOSE
RS16768
The purpose of this legislation is to create a statute that
appropriately addresses individuals who cause serious injury
to others by driving recklessly. This legislation is aimed
at "road rage" and other reckless driving situations. Under
current Idaho law reckless driving is a misdemeanor offense
punishable by six (6) months in jail and/or a $1000.00 fine.
This legislation creates a felony penalty for reckless
driving that causes great bodily harm, permanent disability
or permanent disfigurement to another.
This legislation creates a discretionary five (5) year
sentence and/or a $5,000.00 fine. The felony penalty
provisions allow for better accountability for offenders and
increased protection for citizens traveling upon Idaho's
roadways. With the enhanced penalty the courts may order
longer supervised probation including extended time for
restitution payments to be made to victims.
FISCAL IMPACT
The fiscal impact is difficult to determine with certainty,
as it will depend upon the increased number of offenders
charged with and convicted of a felony under this section.
The potential impact to the general fund would be equal to
the cost of imprisoning the number of offenders charged,
convicted and sentenced to prison as a result of this
statute.
Contact: Heather Reilly
Agency: Idaho Prosecuting Attorneys Association
Phone: 287-7700
STATEMENT OF PURPOSE/FISCAL NOTE H 176