House Bill H0105

2015 Freedom Index Score: (+1)

Analyst: Parrish Miller
Date of analysis: February 11, 2015

ANALYST'S NOTE: There are several bills which have been introduced in the Idaho Legislature this
session to reclassify low-level misdemeanors as infractions. This transition is intended both to lower
costs and to reduce penalties for non-violent and often victimless crimes. The one caveat is that by
transitioning from misdemeanors to infractions, those who are accused of violating the law are
effectively denied their constitutional right to a trial by jury. While this fact is concerning, such cases are
infrequently taken all the way to a jury trial, and thus the majority of offenders will benefit from this
reclassification.
House Bill 105 reduces several minor firework-related offenses from misdemeanors to infractions with
fines of $100 or $250 (depending on the offense.) In the case of those offenses where the fine is $250, a
subsequent offense within two years will be a misdemeanor with a fine of up to $1,000.

Point No. 10 Does it directly or indirectly create or increase penalties for victimless crimes or nonrestorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for
victimless crimes or non-restorative penalties for non-violent crimes?
ANALYSIS: House Bill 105 modifies Idaho Code, to reduce (but not eliminate) the penalties for
individuals who "alter any fireworks" or "sell or use any fireworks at any time not permitted
under this chapter" from a misdemeanor to an infraction with a fine of $100. Additionally, the
bill reduces the penalties for individuals who "throw any fireworks from, into, or at a moving
vehicle or at any person" or who "use fireworks in any area that constitutes a severe fire threat
based on the vegetative conditions during the current fire season as determined by the county
commission or authority having jurisdiction, provided that notice of such areas is given in
advance" from a misdemeanor to an infraction with a fine of $250. In the case of those offenses
where the fine is $250, a second offense within two years will be a misdemeanor with a fine of
up to $1,000. (+1)