UPDATED: Gov. Otter Signs Bill Aimed at Lightening Pressure on Criminal Justice System  


On Tuesday, March 27, 2018 Gov. Otter signed into law H599. The bill’s changes will become effective on July 1, 2018.

Key provisions of the bill:

  • Driving on an expired license, which is currently a misdemeanor, would be an infraction on the first and second offense.
  • Driving on a license that had been suspended due to non-payment of fines or status offenses like minor in possession of alcohol would be an infraction.
  • Driving on a license that had been suspended for other reasons–like DUI, reckless driving or failure to maintain insurance–would remain a misdemeanor.
  • Removes the mandatory minimum jail sentences for misdemeanor violations of driving on a suspended license (currently 5 days for a first offense and 20 days for a second offense).

Key Benefits:

  • Removes approximately 7,000 misdemeanor cases per year from the criminal justice system.
  • Reduces incarceration, prosecution, and public defense expenses by over $9,000,000 per year.
  • Allows defendants to have their driving privileges when the only reason for suspension is an inability to pay—allowing them to continue working and making progress in meeting their obligations.


Earlier story from the bill’s introductory hearing:

(Boise)-February 13, 2018-Representative Greg Chaney (R-Caldwell) introduced a bill today in the House Judiciary, Rules, and Administration committee aimed at alleviating budget pressures for counties faced with jail crowding and struggles providing public defense.  The bill, which the committee agreed to move forward, would reduce certain misdemeanor driving offenses to infractions, eliminate mandatory jail time for driving on a suspended license, and allow low-income citizens a better opportunity to catch up on fines without being burdened by additional criminal charges due to non-payment.

Chaney is sponsoring the bill with Sen. Dan Johnson (R-Lewiston), and the two worked in conjunction with Rep. Lynn Luker (R-Boise) and Rep. Ryan Kerby (R-New Plymouth) in drafting the legislation.

“This will take 7,000 misdemeanor cases out of the court system annually,” Chaney told the committee, “while saving counties state-wide over $9 million per year in the cost of incarceration, prosecution, and public defense.”

The bill also seeks to avoid what Chaney referred to as a “vicious cycle” that can arise when low income persons fall behind on paying court fees.  Currently, once someone falls behind on their fines their driving privileges are suspended.

“They can choose to either ignore the suspension and keep working or honor the suspension, miss work, and fall further behind,” Chaney said.

If someone is caught driving while suspended, an additional misdemeanor is filed against them, resulting in even more fines being imposed.  This bill is aimed at breaking that cycle.

The next step for the legislation would be a full hearing before the committee.







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