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ID S1389

Bill

Status

Introduced

3/3/2020

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2020 Regular Session

AI Summary

Senate Bill 1389 Summary

  • Requires mandatory installation of state-approved ignition interlock systems at the offender's expense on all motor vehicles operated for one (1) year following the end of a suspension period for refusing or failing evidentiary alcohol/drug testing or testing positive

  • Establishes a petition process for relief from ignition interlock device installation requirements where courts may find, by clear and convincing evidence, that the person will not present a danger to the public or exceptional/mitigating circumstances exist; financial hardship alone is insufficient

  • Permits magistrate court petitions for interlock relief within thirty (30) days of the order requiring installation in the petitioner's county of residence or Ada County if no Idaho residence; stays the interlock requirement while the petition is pending

  • Allows courts to access the court interlock device and electronic monitoring device fund for offenders unable to afford installation costs based on evidence of financial hardship

  • Revises judicial review procedures in Section 18-8002A to clarify that petitions for interlock device relief follow the standard process for judicial review of final agency action under Idaho administrative law

Legislative Description

Amends existing law to revise a provision regarding the installation of an ignition interlock device, to provide for a petition for relief in certain instances, and to revise provisions regarding judicial review.

MOTOR VEHICLES

Last Action

Reported Printed; referred to Judiciary & Rules

3/4/2020

Committee Referrals

Judiciary and Rules3/3/2020

Full Bill Text

No bill text available