SB 219 Allows the court, as a condition of probation or parole, to require certain persons convicted of intoxication-related traffic offenses to submit to alcohol monitoring in certain circumstances
Sponsor: Ridgeway Co-Sponsor(s)
LR Number: 1243S.01I Fiscal Note: 1243-01
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 2/23/2009 - Hearing Conducted S Judiciary and Civil and Criminal Jurisprudence Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2009

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Current Bill Summary


SB 219 - This act allows the court, as a condition of probation or parole, to require certain persons convicted of intoxication-related traffic offenses to submit to alcohol monitoring in certain circumstances instead of serving a more lengthy sentence.

The term "continuous alcohol monitoring" means automatically testing alcohol concentration levels and tampering attempts, regardless of the location of the person wearing the device, at least once each hour and regularly transmitting the data.

In addition to other terms of probation or parole, a court shall consider requiring an offender convicted of an intoxication-related traffic offense to abstain from consuming alcohol as demonstrated by continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day for a length of time established by the court.

Although an aggravated offender is not eligible for probation or parole for 60 days, the court may suspend execution of up to 30 days of such term if, as a condition of probation and parole, the person abstains from drinking alcohol as demonstrated by continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of six times per day for not less than 60 days but not more than 120 days.

A chronic offender is not eligible for probation or parole until he or she has served two years of imprisonment; however, the court may grant probation if the person qualifies for the one hundred twenty day shock treatment program and he or she, as a condition of probation, abstains from drinking alcohol as demonstrated by continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of six times per day for not less than 6 months but not more than 2 years.

This act is similar to HCS/HB 330 (2009) and a provision of CCS/SS/SCS/HCS/HB 62 (2009).

SUSAN HENDERSON MOORE