Idaho's state prosecutors association got legislation introduced today to add drive-by shootings to the state's "felony murder rule," meaning killings committed in drive-by shootings could be charged as first-degree murder even if the shooter didn't have the specific intent to kill the person he or she killed. That specific intent requirement is waived for certain crimes that fall under the felony murder rule; those now include aggravated battery against a child under 12, arson, rape, robbery, burglary, kidnapping, mayhem and acts of terrorism.

"Prosecutors believe this is a very serious crime," Holly Koole of the Idaho State Prosecutors Association told the Senate Judiciary Committee this afternoon. "There is an innocent life that is taken, and the most we can charge now is involuntary manslaughter, which is not murder."

The prosecutors have proposed similar legislation before, but this time, they limited the rule to situations "where a reasonable person would know or have reason to know that such building was occupied." It also applies to shooting into occupied vehicles. "That makes it a little clearer as to the intent of the person," Koole said. Sen. Les Bock, D-Boise, an attorney, said he thought the change was an improvement, and he supported introducing the bill.

Sen. Steve Vick, R-Dalton Gardens, questioned the bill's fiscal impact statement of no impact. "There would be some impact because people would be spending longer time in jail, isn't that correct, if convicted?" he asked. Koole responded that currently such killings, which are very rare in Idaho, would draw up to 10 years in jail, so the cost difference wouldn't be large. The bill now can advance to a full committee hearing.