House Bill H0103

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 103 reduces several actions prohibited by Idaho's fish and game laws from misdemeanors
(with fines of up to $1,000 and up to six months in jail) to infractions with fixed fines of $250. Some of
the actions being addressed are incredibly minor such as discharging a paintball gun or placing a
geocache on public land. Many fish and game laws will still carry misdemeanor or even felony 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 103 modifies Idaho Code, to reduce (but not eliminate) penalties for the
violation of several minor fish and game laws. Under current law, such violations are
misdemeanors with fines from $25 - $1,000 and the possibility of up to six months in jail, but
under House Bill 103, such violations will be infractions which carry a $250 fine. The list of
actions being reclassified is long but includes such things as failing to purchase "sage grouse or
sharp-tailed grouse hunting permit when hunting for sage grouse or sharp-tailed grouse"; failing
to wear "at least thirty-six (36) square inches of visible hunter orange above the waist when
hunting..."; and "using live fish, leeches, frogs, salamanders, waterdogs or shrimp as bait." (+1)