Bill Description: Senate Bill 1058 would impose higher penalties and create mandatory minimum sentences for vehicle accidents involving reckless driving or using a mobile device while driving.
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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
Under Idaho law, reckless driving is a misdemeanor crime, and using a mobile device while driving is an infraction classified as "a moving violation."
Senate Bill 1058 would substantially enhance these violations if they contribute to an accident causing "great bodily harm, permanent disability, or permanent disfigurement to any person other than" the person guilty of the violation.
Specifically, Senate Bill 1058 would create Section 18-8006A, Idaho Code, to classify reckless driving that contributes to an accident causing "great bodily harm, permanent disability, or permanent disfigurement" to another person as a felony. The penalty would be a sentence of up to 15 years in prison and a mandatory minimum period of incarceration of 30 days. Additionally, a fine of up to $5,000 may be imposed, and the offender's driver's license or permit would be surrendered to the court. The offender would also have "his driving privileges suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment and may have his driving privileges suspended by the court for a period not to exceed five (5) years after release from imprisonment, during which time he shall have absolutely no driving privileges of any kind."
It is important to recognize that this statute would apply to an accident involving reckless driving, which can mean driving "carelessly and heedlessly" or "without due caution and circumspection." It does not require an intent to cause harm or a history of poor driving. Excessive penalties and mandatory minimum sentences will do nothing to make our roads safer.
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Senate Bill 1058 would additionally create Section 18-8006B, Idaho Code, to classify using a mobile electronic device while driving as a felony if it contributes to an accident causing "great bodily harm, permanent disability, or permanent disfigurement" to another person. A conviction would result in a sentence of up to 5 years in prison and a mandatory minimum period of incarceration of 30 days. Additionally, a fine of up to $2,000 may be imposed, and the offender's driver's license or permit would be surrendered to the court. The offender would also have "his driving privileges suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment and may have his driving privileges suspended by the court for a period not to exceed five (5) years after release from imprisonment, during which time he shall have absolutely no driving privileges of any kind."
This section is even more indefensible than the last, as it takes a minor infraction and turns it into a felony because an accident took place. It should be noted that there is no clear requirement to prove that the use of a mobile electronic device caused the accident. It is merely required that the harm was caused "in committing a violation of the" prohibition. Once again, there is no requirement that the driver intended to cause harm.
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Finally, Senate Bill 1058 would amend Section 18-4006, Idaho Code, the section defining manslaughter. The death of someone in an accident involving reckless driving or the use of a mobile device while driving would be classified as manslaughter.
This change would make reckless driving or using a mobile device while driving the equivalent of driving under the influence of "alcohol, drugs or any other intoxicating substance. They would also be classified as the equivalent of "aggravated driving while under the influence of alcohol, drugs or any other intoxicating substance." These reclassifications would apply if either reckless driving or using a cell phone was a contributing factor to a fatal accident.
It is illogical and unjust to classify the brief use of a mobile device as equivalent to willfully getting behind the wheel while intoxicated. Moreover, this classification ignores a substantial distinction between an ongoing condition such as intoxication and a temporary action such as using a mobile device improperly.
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Does it violate the principle of equal protection under the law? Examples include laws which discriminate or differentiate based on age, gender, or religion or which apply laws, regulations, rules, or penalties differently based on such characteristics. Conversely, does it restore or protect the principle of equal protection under the law?
Idaho law contains a violation known as "inattentive driving," which is classified as less severe than "reckless driving." “Inattentive driving” is more severe than "distracted driving," which is currently the term used to define the use of a mobile device while driving. “Inattentive driving” is conspicuously absent from Senate Bill 1058. This means that if there is an accident involving a driver who was eating a sandwich or changing the radio station (which could be classified as inattentive driving), he would not receive the same penalties as if he had been looking at a text message. Such an accident would not incur a mandatory minimum penalty of incarceration, and a fatal accident involving inattentive driving would not be automatically classified as manslaughter.
This striking disparity in the law does not appear accidental. It indicates an intention to more harshly punish the lesser offense of distracted driving relative to the penalties for the offense of inattentive driving. This is reminiscent of other historical injustices relating to sentencing disparities.
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