Bill Description: HCR002 ends the portion of the existing state of disaster emergency in Idaho that limits gatherings to 10 or fewer people.
Analyst Note: HCR002 is one of several resolutions introduced during the 2021 session to end all or some portion of the existing state of disaster emergency in Idaho.
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?
HCR002 exercises the statutory authority found in Section 46-1008(2), Idaho Code, to declare "that Section 1 of the December 30 order of isolation regarding the prohibition on gatherings, both public and private, of more than 10 people is hereby declared null, void, and of no force and effect."
The "December 30 order of isolation," also known as the "Stage 2" modified emergency order, contains a blanket prohibition against "gatherings of more than 10 people, both public and private." Any violation of this prohibition "may constitute a misdemeanor punishable by fine, imprisonment, or both pursuant to Idaho Code§ 56-1003(7)(c)."
While the best and most effective action is to terminate the existing state of disaster emergency (as would be accomplished by the passage of HCR001), the passage of HCR002 would reduce the possibility of individuals being arrested, cited, or penalized for participating in a gathering of more than 10 people.
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