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2004 SESSION

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Senate Committee on Courts of Justice
Subcommittee DUI Subcommittee #2

Mims, Stolle, Norment, Reynolds, Rerras

Clerk: Larry M. Girvin
Staff: Jescey French, Mary K. Felch
Date of Meeting: January 30, 2004
Time and Place: Immediately After Adjournment, 3rd Floor West Conference Rm., GAB

S.B. 202

Patron: Reynolds

Refusal of DUI breath or blood tests; procedures. Removes the requirement that the magistrate reaffirm to a DUI arrestee his liability for refusal to submit to a preliminary blood or breath test after the arresting officer has already informed the arrestee.

S.B. 329

Patron: Stolle

DUI. Creates a rebuttable presumption that bail shall be denied to a person arrested for DUI, DUI manslaughter, DUI maiming or commercial DUI if he has previously been convicted of one of those offenses. The bill also extends the seven-day administrative suspension for a DUI arrest until the trial of the matter is completed if the person has previously been convicted of a DUI related offense. In addition, the sentence of a person convicted of DUI while driving on a revoked license who has previously been convicted of DUI is to run concurrently with any other sentence. The bill also includes DUI as a reportable offense to CCRE by law-enforcement officers upon arrest. Currently, it is specifically excluded.

Impact Statements

S.B. 384

Patron: Norment

Enhanced punishment for third DUI, etc. Provides that a person charged with third offense DUI is rebuttably presumed ineligible for bail. The bill removes the 10-year limit on third DUI enhanced penalties and provides that whenever any person is convicted of DUI, the court shall dismiss any reckless driving charge. Currently, when a person is charged with both and is convicted of one or the other, the remaining charge is dismissed.

Impact Statements

S.B. 442

Patron: Rerras

Admission to bail: DUI. Creates a rebuttable presumption that bail shall be denied to a person arrested for DUI if he has two previous convictions for any of the following: DUI, DUI manslaughter and DUI maiming.

S.B. 443

Patron: Rerras

DUI; penalty. Provides for a mandatory minimum sentence of 180 days (six months) for a third DUI conviction in 10 years. Under current law the mandatory minimum sentence is 10 days for a third offense within 10 years and 30 days for a third offense within five years. The offense will remain a Class 6 felony, which carries a penalty of one to five years confinement.

Impact Statements

S.B. 488

Patron: Mims

Driving under the influence; penalty. Changes the wording of the penalty provisions for a third (or fourth) offense by stating that the enhanced penalties apply if a person is convicted "three or more times" rather than if a person is "convicted of a third offense."

Impact Statements

S.B. 489

Patron: Mims

Mandatory minimum jail term for DUI based on blood alcohol content. Imposes a mandatory minimum jail term of five days upon conviction for DUI (10 days for second offense) for a blood alcohol content of 0.16 percent as opposed to the current 0.20 percent.

Impact Statements

S.B. 490

Patron: Mims

Penalties for driving while intoxicated. Removes sanctions for multiple DUI offenses occurring within five years and raises sanctions for multiple DUI offenses occurring within 10 years to include a mandatory minimum sentence of one year for a third offense committed within 10 years. The bill increases additional punishments predicated on blood alcohol levels registered at the time of the offense. The bill punishes a refusal to submit to a blood test as a Class 6 felony with a mandatory minimum sentence of one year if the defendant has two prior DUI convictions.

Impact Statements

S.B. 491

Patron: Mims

Dismissal of one of dual charges for driving while intoxicated and reckless driving upon conviction of other charge. Provides that when any person charged with DUI or any similar ordinance of any county, city, or town and reckless driving or any ordinance of any county, city or town incorporating the reckless driving statute growing out of the same act, is tried simultaneously for both charges or acts, and is convicted of one of these charges, the court shall dismiss the remaining charge.