Bill Description: Senate Bill 1326 would create a new felony called "aggravated driving while reckless" and impose severe mandatory minimum penalties for it.
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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?
Senate Bill 1326 would create Section 18-8006A, Idaho Code, to create a new felony called "aggravated driving while reckless" and impose severe penalties for it.
This crime would be defined as causing "great bodily harm, permanent disability, or permanent disfigurement to any person other than himself" while "committing a violation of the provisions of section 49-1401(1), Idaho Code."
The existing subsection of Idaho Code referenced above defines "reckless driving," which is a misdemeanor carrying a penalty of up to 6 months of incarceration and/or a $1,000 fine. A second or subsequent offense within 5 years is still a misdemeanor, but it doubles the maximum fine and period of incarceration.
The new felony created by Senate Bill 1326 would carry a penalty of up to 15 years of incarceration, with a mandatory minimum of 30 days in jail and a fine of up to $5,000. A conviction would also carry up to a 5-year suspension of driving privileges "after release from imprisonment," with a mandatory minimum suspension period of at least 1 year.
The final penalty would be a requirement to "pay restitution in accordance with chapter 53, title 19, Idaho Code." This is the only portion of this bill that is justifiable.
The bill also says, "Notwithstanding any other provision of law, any evidence of conviction under this section shall be admissible in any civil action for damages resulting from the occurrence."
It is important to note here that the misdemeanor of reckless driving is a crime of inattention, not malice, defined as driving "carelessly and heedlessly or without due caution and circumspection." While such an error resulting in an injury accident does justify payment of restitution, there are many more severe crimes in Idaho code, including those involving malice, that don't carry mandatory minimum sentences. Imposing harsh penalties and mandatory minimums for acting without due caution is not restorative; it is vindictive.
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