|SB 0934||Revises laws regarding intoxication-related traffic offenses|
|LR Number:||4272L.12F||Fiscal Note:||4272-12|
|Committee:||Civil and Criminal Jurisprudence|
|Last Action:||05/12/00 - In Conference||Journal page:|
|Title:||HS HCS SS#2 SCS SBs 934, 546, 578, 579 & 782|
|Effective Date:||August 28, 2000|
HS/HCS/SS#2/SCS/SBs 934, 546, 578, 579 & 782 - This act revises various laws concerning intoxication-related traffic offenses. The act defines "relating to driving while intoxicated" to include the crimes of driving with excessive blood alcohol content and driving while intoxicated, and assault in the second degree and assault of a law enforcement officer in the second degree when driving while intoxicated was an essential element of the offense. The Department of Revenue ("DOR") shall not issue a license to any person who has been convicted twice within a five-year period of violating a law relating to driving while intoxicated. The act requires any person placed on probation or parole for an alcohol-related offense to complete a substance abuse traffic offenders program.
The act allows DOR to assess points against a driver's license for violations of federal traffic regulations, and assesses 12 points for eluding a law enforcement officer using a motor vehicle. The act creates the Class A misdemeanor of eluding a law enforcement officer, which shall be a Class D felony if the actor causes serious physical injury to any other person.
The blood alcohol content (BAC) level for driving with excessive blood alcohol content is lowered to .085 percent from .10 percent. Currently, the first offense of driving with excessive BAC is a class C misdemeanor; the act increases the penalty to a Class A misdemeanor. Evidence obtained from a portable Breathalyzer test shall not be the sole evidence of probable cause. The certified report of the law enforcement officer regarding blood alcohol content shall be admissible as evidence in all administrative proceedings without further foundation.
Currently, driving while intoxicated is a Class B misdemeanor for the first offense; the second offense within 5 years (a prior offender) is a Class A misdemeanor and the third within 10 years (a persistent offender) is a Class D felony. This act makes the first offense of driving while intoxicated a Class A misdemeanor.
The act creates new penalties for subsequent intoxication- related traffic offenses. A "repeat offender" is defined as a person previously guilty of one intoxication-related traffic offense. A repeat offender is guilty of a class D felony, regardless of the time since the first offense. The act revises the definition of a prior offender as one who has been found guilty of two intoxication-related traffic offenses, regardless of time frame, and increases the penalty to a Class C felony. The penalty for a persistent offender is increased to a Class B felony. A "dangerous persistent offender" is one who has previously been found guilty of four or more intoxication-related traffic offenses, or of involuntary manslaughter, assault in the second degree or assault of a law enforcement officer, when driving while intoxicated was an element of the offense; the penalty is a class A felony. No court shall suspend the imposition of sentence of a repeat, prior or persistent offender.
Any person convicted of a second or subsequent intoxication
related traffic offense shall be subject to impoundment or
immobilization of his motor vehicle, or the installation of an
ignition interlock system for a period not less than one month
from the date of reinstatement of the person's license.
HA 6 - DELETES PROVISION AUTHORIZING IMPOUNDMENT OR IMMOBILIZATION OF VEHICLES.
HA 7 - DOR SHALL DENY LICENSE TO ANY DANGEROUS PERSISTENT OFFENDER.
HA 8 - IN A CITY WITH A POPULATION OF LESS THAN 50,000, THE CIRCUIT COURT SHALL HAVE JURISDICTION OF ALL ALCOHOL-RELATED TRAFFIC OFFENSES.
HA 9 - UNABLE TO DETERMINE EFFECT OF AMENDMENT; TECHNICAL ERROR.
HA 10 - CREATES CRIME OF DRIVING WITH EXTREME BLOOD ALCOHOL CONTENT (.15). FIRST OFFENSE = A MISDEMEANOR; SECOND = D FELONY; THIRD = C FELONY. (SIMILAR TO SB 546.)
HA 11 - PROHIBITS OPEN CONTAINERS IN VEHICLE; VIOLATION IS CLASS C MISDEMEANOR. (SIMILAR TO SB 579.)