SB 823 - Shields, Charles
Changes the classification of an intoxication-related offense to a class D felony for prior offenders
Bill Details
Sponsor
LR Number
3066S.01I
Title
SB 823
House Handler
N/A
Journal Page
N/A
Effective Date
August 28, 2004
Current Status
SCS Voted Do Pass S Judiciary and Civil & Criminal Jurisprudence Committee (3306S.02C)
Quick Links
Amendments
No amendments available
CURRENT BILL SUMMARY
SCS/SB 823 - This act defines a "persistent offender" as a person who has pleaded guilty to or has been found guilty of two or more intoxication-related traffic offenses, involuntary manslaughter, assault in the second degree, or assault of a law enforcement officer in the second degree.
Currently, the law defines a "persistent offender" as a person who has pleaded guilty to or been found guilty of two or more intoxication-related traffic offenses within the past ten years, along being found guilty of the other offenses listed above.
Thus, the act eliminates the ten-year time limit and allows an individual to be considered a "persistent offender" even if the offenses are far apart in time.
Currently, the law defines a "prior offender" as a person who has pleaded guilty to or been found guilty of a prior intoxication-related traffic offense within the past five years. This time limit has not been changed.
Under this act, a first intoxication-related offense is a Class A misdemeanor (Section 577.010 and 577.012). A prior offender who has been convicted of one other offense in the past five years will be guilty of a Class A misdemeanor (Section 577.023). A persistent offender, who has been convicted of two or more offenses, regardless of when they occurred, will be guilty of a Class C felony(Section 577.023).
SUSAN HENDERSON