1. (1) A person shall be guilty of aggravated driving while reckless if he causes great bodily harm, permanent disability, or permanent disfigurement to any person other than himself in committing a violation of the provisions of section 49-1401 (1), Idaho Code.

2. (2) Any person who commits aggravated driving while reckless upon conviction:

   1. (a) Shall be sentenced to the state board of correction for a term not to exceed fifteen (15) years. Notwithstanding the provisions of section 19-2601, Idaho Code, should the court impose any sentence other than incarceration in the state penitentiary, the defendant shall be sentenced to the county jail for a mandatory minimum period of at least thirty (30) days, the first forty-eight (48) hours of which must be consecutive. Notwithstanding the provisions of section 18-111, Idaho Code, a conviction under this section shall be deemed a felony;
   2. (b) May be fined an amount not to exceed five thousand dollars ($5,000);
   3. (c) Shall surrender his driver’s license or permit to the court;
   4. (d) Shall have his driving privileges suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment and may have his driving privileges suspended by the court for a period not to exceed five (5) years after release from imprisonment, during which time he shall have absolutely no driving privileges of any kind; and
   5. (e) Shall be ordered by the court to pay restitution in accordance with chapter 53, title 19, Idaho Code.
3. (3) Notwithstanding any other provision of law, any evidence of conviction under this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment or withheld judgment.

[18-8006A, added 2024, ch. 90, sec. 1, p. 429.]