House Bill H0102

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 102 reduces the act of curfew violation by a juvenile (a victimless act if ever there was one)
from a misdemeanor with a fine "not to exceed $300" to an infraction with a fixed fine of $150. While
the elimination of curfews would be preferable, this change does reduce penalties and will protect
juveniles from ending up with a criminal record for the non-crime of walking down the street.

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 102 modifies Section 20-549, Idaho Code, to reduce (but not eliminate) the
penalty for the victimless act of a juvenile violating "a curfew established by a municipal or
county ordinance." Under current law, such a violation is a misdemeanor with a fine "not to
exceed $300," but under House Bill 102, such a violation will be an infraction which carries a fine
of $150. (+1)