2007 Legislation
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HOUSE BILL NO. 176 – MV, reckless driving, penalty

HOUSE BILL NO. 176

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                    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