Committee introduces bills to reduce number of Idaho misdemeanors
Discharging illegally altered fireworks, smoking a cigarette while underaged and rejecting an officer’s request for assistance are just a few of the misdemeanor offenses under Idaho law, which may change to mere infractions by the end of the legislative session.
Rep. Lynn Luker, R-Boise, introduced a slew of bills before the House Judiciary Rules committee Monday to reduce the severity of many Idaho crimes, and followed up with another bill of the same nature Wednesday.
He said the decision to reduce the severity of many Idaho criminal offenses this week came from a collaborative effort between the state’s Criminal Justice Commission and the Public Defense Reform Committee.
“One of the things these committees agree on is there’s certain smaller, lighter offenses that are misdemeanors that could be moved to infractions,” Luker said.
Luker also said the misdemeanor attributed to a minor in possession of alcohol may also be reduced to an infraction, but said this will be a change reserved for future sessions.
House Bills 102 -104, if passed, would turn misdemeanors such as breaking curfew, unpermitted hunting with a bow or muzzle loaded rifle, violating public land restrictions and littering on private or public property into an infraction punishable by a $150 fine.
House Bill 105 would impose a $100 infraction on unpermitted firework sale and altering fireworks and a $250 infraction on throwing fireworks out of a moving vehicle or use in areas with a “severe fire threat.”
House Bill 101 would repeal two misdemeanors deemed “outdated” by Rep. Richard Willis, R-Glenns Ferry, including tampering with vehicles and citizens refusing to assisting officers of the law when requested to do so.
According to Luker, each of these proposed changes would come with a minimal adjustment to the funds used to enforce the laws. The most prominent funds the change from misdemeanor to infraction would affect include the Drug Court fund, the Criminal Victims fund and the state General Fund.
He said this year’s session will not see any adjustment to the minor in possession of alcohol charge, because the fiscal impact on different government funds is bigger and the proposal would require more work before it is introduced to the legislature.
“These are the (crimes) that have come out where the impact, fiscally, is not so severe that it’s prohibitive, but on the other hand, it will benefit the public defender situation by reducing the case load on them,” Luker said. “The hope is that this will save people Public Defender costs, but at the same time shift some funds between different accounts.”
Rep. Luker said 75 to 80 percent of cases dealt with by Idaho courts require the use of an attorney, and in many cases citizens apply for a public defender.
“Misdemeanors are criminal offenses that carry potential jail time, and it’s jail time … That would implicate the use of a public defender. Infractions don’t carry jail time,” Luker said. “Does the penalty fit the crime? Those views change over time, and jail time is expensive and not necessarily rehabilitative.”
The five bills passed through the voting process in under 20 minutes during Monday’s meeting.Each of the bills were approved unanimously.
George Wood Jr. can be reached at [email protected]