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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 - 2007IN 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