House Bill H0104

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 104 reduces the act of "placing debris" on highways, public property, or private property
(what is commonly called littering) from misdemeanors with high fines and possible jail time to
infractions with fixed fines of $150 for a first offense and $300 for a second offense within two years. A
third offense within three years will constitute a misdemeanor and will be punishable by a fine of up to
$1,000 "and by imprisonment in the county jail not exceeding thirty (30) days."

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 104 modifies Idaho Code, to reduce (but not eliminate) penalties for the
act of "placing debris" (littering) on highways, public property, or private property. Under
current law, such violations are misdemeanors with fines of up to $300 (for highways) or $1,000
(for public or private property) and possible jail time, but under House Bill 104, such violations
will be infractions which carry a $150 fine for a first offense and a $300 fine for a second offense
within two years. A third offense within three years will still be a misdemeanor and will be
punishable by a fine of up to $1,000 "and by imprisonment in the county jail not exceeding
thirty (30) days." (+1)