House Bill H0160

2015 Freedom Index Score: (-1)

Analyst: Parrish Miller
Date of analysis: February 20, 2015

ANALYST'S NOTE: House Bill 160 is a "trailer bill" to House Bill 104, but, while House Bill 104 is positive,
House Bill 160 is not. House Bill 104 reduced the crime of littering from a misdemeanor to an infraction
with certain limitations and exceptions. House Bill 160 would make certain acts of littering which were
infractions under House Bill 104 back into misdemeanors with even harsher penalties.

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 160 amends Section 18-3906, Idaho Code, as amended in Section 1 of
House Bill No. 104, to make it a misdemeanor punishable by a fine of up to $2,500 or by
imprisonment in the county jail not exceeding 6 months, or by both for "any person to willfully
throw, deposit, or place, or to lose and willfully leave upon or alongside of any highway or street
used by the public for public travel, any debris, substance, object or material that impedes
traffic or creates a hazardous driving condition."
It is not our intention to suggest that such acts are not rightfully considered objectionable, but
to make non-violent actions which could cause injurybut which do not necessarily do sointo
crimes which carry steep fines and the possibility of imprisonment is moving Idaho law in the
wrong direction. If the law is to be amended to deal specifically with such acts, it should
stipulate that any person engaging in such acts shall be liable for any damage or injury which
results from the prohibited acts.
The net impact of passing both House Bill 104 and House Bill 160 is that certain acts will have
their penalties increased from a misdemeanor with penalties of up to $300 in fines or 10 days in
jail to a misdemeanor with penalties of up to $2,500 in fines and/or 6 months in jail. (-1)