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2004 SESSION

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HB 889 Bail; denied due to multiple DUI offenses.

Introduced by: Robert B. Bell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Presumption against bail; repeat DUI offenders. Provides a rebuttable presumption against bail for a person charged with a DUI-related offense if the person has been convicted of three such offenses within the past five years on different dates and has been at liberty between each conviction. This bill is identical to HB 1132 and an identical provision is in SB 442.

SUMMARY AS PASSED HOUSE:

Enhanced punishment for third DUI, etc. Provides that a person charged with third offense DUI is rebuttably presumed ineligible for bail. The bill also provides for a mandatory term of 10 days for anyone who causes bodily injury while driving intoxicated.

SUMMARY AS INTRODUCED:

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.