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ID S1389
Bill
Status
3/3/2020
Primary Sponsor
Judiciary and Rules Committee
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AI Summary
Senate Bill 1389 Summary
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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
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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
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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
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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
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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