Amends existing law to revise a provision regarding reckless driving.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 490 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO RECKLESS DRIVING; AMENDING SECTION 49-1401, IDAHO CODE, TO RE-2 VISE A PROVISION REGARDING RECKLESS DRIVING; AND DECLARING AN EMERGENCY3 AND PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 49-1401, Idaho Code, be, and the same is hereby6 amended to read as follows:7 49-1401. RECKLESS DRIVING. (1) Any person who drives or is in actual8 physical control of any vehicle upon a highway, or upon public or private9 property open to public use, carelessly and heedlessly or without due cau-10 tion and circumspection, and at a speed or in a manner as to endanger or be11 likely to endanger any person or property, or; who passes when there is a line12 in his lane indicating a sight distance restriction,; or who drives a vehicle13 at a speed greater than twenty (20) miles per hour over the posted speed limit14 in a school zone or construction zone shall be guilty of reckless driving and15 upon conviction shall be punished as provided in subsection (2) of this sec-16 tion.17 (2) Every person who pleads guilty to or is found guilty of reckless18 driving for the first time is guilty of a misdemeanor and may be sentenced to19 jail for not more than six (6) months or may be fined not more than one thou-20 sand dollars ($1,000), or may be punished by both fine and imprisonment. Ev-21 ery person who pleads guilty to or is found guilty of reckless driving, who22 has previously been found guilty of or has pled guilty to reckless driving,23 or any substantially conforming foreign criminal violation within five (5)24 years, notwithstanding the form of the judgment(s) or withheld judgment(s),25 is guilty of a misdemeanor and may be sentenced to jail for not more than26 one (1) year or may be fined not more than two thousand dollars ($2,000), or27 may be punished by both fine and imprisonment. The department shall suspend28 the driver's license or privileges of any such person as provided in section29 49-326, Idaho Code.30 (3) Inattentive driving shall be considered a lesser offense than reck-31 less driving and shall be applicable in those circumstances where the con-32 duct of the operator has been inattentive, careless or imprudent, in light of33 the circumstances then existing, rather than heedless or wanton, or in those34 cases where the danger to persons or property by the motor vehicle operator's35 conduct is slight. Every person convicted of inattentive driving under this36 section shall be guilty of a misdemeanor and may be sentenced to jail for not37 more than ninety (90) days or may be fined not more than three hundred dollars38 ($300), or may be punished by both fine and imprisonment.39

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SECTION 2. An emergency existing therefor, which emergency is hereby1 declared to exist, this act shall be in full force and effect on and after2 July 1, 2026.3