H.B. No. 0141
Impaired driving prevention amendments.
Sponsored By: Representative(s) Gingery and Senator(s) Johnson and Massie
AN ACT relating to driving under the influence; amending and creating definitions; amending the time for acceptable results from tests of blood alcohol concentration; creating a crime of aggravated driving under the influence; amending penalties; repealing a provision relating to the reduction or dismissal of charges; repealing evidentiary presumptions relating to blood alcohol concentration; clarifying and modifying factors relating to penalties for subsequent convictions; requiring the use of an ignition interlock system when specified conditions have occurred; eliminating the voluntary ignition interlock program; and providing for an effective date.
1/12/2009 Bill Number Assigned
1/14/2009 H Received for Introduction
1/15/2009 H Introduced and Referred to H01
1/26/2009 H01 Recommended Amend and Do Pass
Ayes: Representative(s) Bagby, Barbuto, Cannady, Gingery, Mercer, Patton, Quarberg and Throne
Nays: Representative(s) Peasley
Ayes 8 Nays 1 Excused 0 Absent 0 Conflicts 0
1/26/2009 H Placed on General File
HB0141HS001/ADOPTED (CORRECTED COPY)
Page 1-line 3 and 4 Delete.
Page 1-line 5 Delete "highway;".
Page 1-line 6 Delete "creating a crime for".
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Page 1-line 12 After "clarifying" insert "and modifying".
Page 2-line 6 Delete "(x)" insert "(ix)".
Page 2-line 7 Delete "through (p)" insert "and (o)".
Page 2-line 8 Delete "(a)(i)(intro)".
Page 2-line 9 Delete line through "(E),"; delete "(A),".
Page 2-line 10 Delete "(A) and"; after "31-6-105(f)" delete ",".
Page 2-line 11 Delete the line through "(iv)".
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Page 3-line 14 Delete "(x)" insert "(ix)".
Page 4-line 17 Delete "(o)" insert "(n)".
Page 5-line 8 Delete "or (n)".
Page 8-lines 8 through 14 Delete entirely and insert:
. Notwithstanding any other provision of law, the term of
probation imposed by a judge under this section may exceed the maximum term of
imprisonment established for the offense under this subsection provided the
term of probation together with any extension thereof, shall not exceed three
(3) years for up to and including a third conviction.".
Page 8-line 22 Strike "." insert ";".
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"(E) For purposes of this subsection, a prior conviction of an offense under subsection (b), (h) or (n) of this section, or any offense from another jurisdiction containing the same or similar elements may be used to determine prior convictions.".
Page 9-line 2 Delete "(o)" insert "(n)".
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Page 13-line 11 Delete "(o)" insert "(n)".
Page 13-line 19 Delete "(p)" insert "(o)".
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Page 18-line 9 Reinsert all stricken language.
Page 18-lines 19 through 22 Delete all new language.
Page 20-lines 4 through 13 Delete. GINGERY, CHAIRMAN
1/28/2009 H Passed CoW
Page 8-lines 16 through 22 Delete entirely and insert:
On For a fourth or subsequent offense resulting in a conviction under this subsection within five (5) fifteen (15)
years, for a
violation of this section or other law prohibiting driving while under the
influence, he the offender
shall be guilty of a felony and fined not more than ten thousand dollars
($10,000.00), punished by imprisonment for not more than two (2) five
years, or both.".
Page 11-line 2 Delete "his lifetime" insert "fifteen (15) years". MADDEN
1/29/2009 H Passed 2nd Reading
Page 4-line 3 After "driving" insert "following a lawful arrest resulting from a valid traffic stop".
Page 13-line 17 After "driving" insert "following a lawful arrest resulting from a valid traffic stop". STUBSON, GINGERY
1/30/2009 H Passed 3rd Reading
Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Madden, McKim, McOmie, Mercer, Meyer, Millin, Moniz, Patton, Pedersen, Petersen, Philp, Quarberg, Roscoe, Steward, Stubson, Teeters, Thompson, Throne and Zwonitzer, Dv.
Nays: Representative(s) Brechtel, Diercks, Hallinan, Lubnau, Miller, Peasley, Semlek, Shepperson, Wallis and Zwonitzer, Dn.
Excused: Representative(s) Simpson
Ayes 49 Nays 10 Excused 1 Absent 0 Conflicts 0
2/2/2009 S Received for Introduction
2/3/2009 S Introduced and Referred to S01; No Report Prior to CoW Cutoff
2/23/2009 Motion to Do Pass Failed
Ayes: Senator(s) Decaria and Sessions
Nays: Senator(s) Burns, Perkins and Ross
Ayes 2 Nays 3 Excused 0 Absent 0 Conflicts 0