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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
ACT
1
RELATING
TO
RECKLESS
DRIVING;
AMENDING
SECTION
49
-
1401,
IDAHO
CODE,
TO
RE
-
2
VISE
A
PROVISION
REGARDING
RECKLESS
DRIVING;
AND
DECLARING
AN
EMERGENCY
3
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
hereby
6
amended
to
read
as
follows:
7
49
-
1401.
RECKLESS
DRIVING.
(1)
Any
person
who
drives
or
is
in
actual
8
physical
control
of
any
vehicle
upon
a
highway,
or
upon
public
or
private
9
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
be
1
1
likely
to
endanger
any
person
or
property
,
or
;
who
passes
when
there
is
a
line
12
in
his
lane
indicating
a
sight
distance
restriction
,
;
or
who
drives
a
vehicle
13
at
a
speed
greater
than
twenty
(20)
miles
per
hour
over
the
posted
speed
limit
14
in
a
school
zone
or
construction
zone
shall
be
guilty
of
reckless
driving
and
15
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
reckless
18
driving
for
the
first
time
is
guilty
of
a
misdemeanor
and
may
be
sentenced
to
19
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,
who
22
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
than
26
one
(1)
year
or
may
be
fined
not
more
than
two
thousand
dollars
($2,000),
or
27
may
be
punished
by
both
fine
and
imprisonment.
The
department
shall
suspend
28
the
driver's
license
or
privileges
of
any
such
person
as
provided
in
section
29
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
of
33
the
circumstances
then
existing,
rather
than
heedless
or
wanton,
or
in
those
34
cases
where
the
danger
to
persons
or
property
by
the
motor
vehicle
operator's
35
conduct
is
slight.
Every
person
convicted
of
inattentive
driving
under
this
36
section
shall
be
guilty
of
a
misdemeanor
and
may
be
sentenced
to
jail
for
not
37
more
than
ninety
(90)
days
or
may
be
fined
not
more
than
three
hundred
dollars
38
($300),
or
may
be
punished
by
both
fine
and
imprisonment.
39
2
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
2
July
1,
2026.
3