HB 327/FN/LM/CI (BR 1641) - J. Coleman, M. Bowling, J. Callahan, S. Johns, J. Lovell, J. Vincent, R. Wilkey
AN ACT relating to crimes and punishments.
Create, amend, and repeal various sections of KRS Chapter 189A relating to driving while intoxicated to reduce blood alcohol concentration from 0.10 to 0.08, institute administrative revocation of driver's licenses, increase service fee from $200 to $250 and provide for its disposition; provide for administrative revocation of driver's licenses by Transportation Cabinet for driving under the influence or refusing alcohol or drug testing; provide that KRS Chapter 13B relating to administrative procedures does not apply to administrative license revocations; prohibit pretrial diversion or mediation of DUI offenses under Chapter 189A and 281A (commercial drivers licenses); amend KRS 189A.090 relating to penalties for driving under a license suspended for DUI to increase penalty if defendant is charged again with DUI and driving on suspended license; amend KRS 186.018 relating to record retention to retain DUI conviction records for 10 years rather than 5 years; delete provisions authorizing hardship license; amend various portions of KRS Chapter 235 relating to boating to provide the same standards for boating while intoxicated and to provide increased penalties for boating while intoxicated; clarify that boating while intoxicated has no effect on a motor vehicle operators license.
HB 327 - AMENDMENTS
HCS (1/FN/LM/CI) - Delete all provisions of original bill except for reducing alcohol concentration to 0.08 and increasing DUI service fee from $200 to $250; provide for police officer to take operator's license until trial but give temporary license unless second or subsequent offense or person refused alcohol testing, in which case no temporary license is given; require court to reissue temporary license until trial at hearing, if proof of insurance is shown and defendant is not in prohibited category; require court hearing within 21 days; specify the organizations to which providers of alcohol and drug education programs must be certified by; and place control of programs under the Office of the Inspector General at Cabinet for Human Resources.
HCS (2/FN/LM/CI) - Retain provisions of HCS 1 except provide for a statutory allocation of the DUI service fee among various entities providing support, enforcement, treatment and education relating to the DUI laws; provide that the citation issued to a person charged with DUI shall serve as a temporary permit.
HFA (1, T. Riner) - WITHDRAWN
HFA (2, T. Riner) - WITHDRAWN
HFA (3, S. Johns) - Amend KRS 189A.040 relating to mandated alcohol or drug treatment and education to specify that all programs and testing are alcohol and other drug education and treatment programs, specify that first and second offenders may be sentenced by the court to an inpatient or residential alcohol and drug program, remove authority of judge to specify how much a defendant must pay to attend an alcohol and drug treatment program and replace with provision mandating paying whatever treatment program charges, provide that a court and not the director of the treatment program may release first and second offenders from the program early, permit Cabinet for Human Resources to license and certify rather than license alcohol and drug treatment programs, require that program administrators report defendant's completion of the alcohol and drug program to Transportation Cabinet and court and Division of Substance Abuse at Cabinet for Human Resources within 5 calendar days. insert amendment of KRS 189A.045 relating to enrollment in drug or alcohol program to be for alcohol and other drug program, require defendant to select program from directory provided by Cabinet for Human Resources, require enrollment within 10 calendar days of conviction, require court to send conviction information to the program within 5 working days of entry of judgment of conviction, require notice to court and Cabinet for Human Resources within 10 calendar days when defendant drops out of treatment and education program, require notification within 5 calendar days to Cabinet for Human Resources as well as the court and Transportation Cabinet when defendant successfully completes education and treatment program.
HFA (4, T. Riner) - WITHDRAWN
HFA (5, J. Coleman) - Amend KRS 189A.200 to provide that a person who has been charged with a violation under KRS 189A.010 has an alcohol concentration of 0.08 or higher, has a prior driving history with prior traffic violations, or has an accident while violating 189A.010, should have their drivers license suspended; amend other KRS sections to conform.
HFA (6, R. Wilkey) - Amend KRS 189A.005 to define 2 hours as reasonable time for measurement and allow court to give longer period if they desire for alcohol concentration.
HFA (7, R. Wilkey) - Amend KRS 189A.090 to provide that a person who is convicted under KRS 189A.010 and who is driving on a suspended license shall for a first offense be guilty of a Class A misdemeanor, for the second offense guilty of a Class D felony and for the third or subsequent offense be guilty of a Class C felony; in addition provides for a period of revocation of not less than six months.
HFA (8, J. Vincent) - Create new language to require the court to report to the AOC and Transportation Cabinet when they have done an action on a driver's license suspension.
HFA (9, M. Bowling) - Amend KRS 189A.010 to provide that the person sentenced attend an alcohol or drug education program.
HFA (10, G. Lindsay) - Delete 0.08 alcohol concentration and retain 0.10 alcohol concentration as basic offense level; increase by the next degree of punishment any person whose alcohol concentration is 0.15 or higher and for a fourth offense within a five year period, with an alcohol concentration 0.15 or higher, to a Class C felony.
HFA (11, T. Riner) - WITHDRAWN
HFA (12, J. Hoover) - Amend KRS 198A.010 to create enhanced penalties for a blood alcohol level of 0.15 or higher on a second or third conviction.
HFA (13, G. Lindsay) - Delete 0.08 alcohol concentration and retain 0.10 alcohol concentration as basic offense level; increase by the next degree of punishment any person whose alcohol concentration is 0.15 or higher and for a fourth offense within a five year period, with an alcohol concentration 0.15 or higher to a Class C felony.
HFA (14, T. Riner) - Amend KRS Chapter 189A relating to DUI to reduce blood alcohol concentration to .07.
HFA (15, T. Riner) - WITHDRAWN
HFA (16, T. Riner) - WITHDRAWN
HFA (17, J. Hoover) - Amend KRS 198A.010 to provide for enhanced penalties for a blood alcohol level of 0.15 or higher on a second or third conviction
HFA (18, G. Stumbo) - Delete provisions relating to acceptable alcohol testing programs and agencies.
SCS - Retain provisions of bill, but require defendants to complete, rather than enroll in, alcohol and drug counseling; delete provisions authorizing the Cabinet for Human Resources, Office of the Inspector General, to license, regulate, and monitor treatment programs; allow police to confiscate out-of-state licenses, and require the Transportation Cabinet to forward the licenses to the appropriate out-of-state agency; make technical corrections.
SFA (1, G. Johnson) - Require defendant to complete rather than enroll in a treatment program; make only authorized treatment programs those that are on a directory of the Division of Substance Abuse.
SFA (2, G. Johnson) - Delete requirement that office of Inspector General accept certification from the Kentucky Board of Certification of Alcohol and Drug Counselors.
SFA (3, T. Philpot) - Delete administrative license revocation, delete hardship license provision and make penalty for first offense 45 days.
SFA (4, D. Seum) - Delete Section 8, relating to pretrial suspension of operator's license.
SFA (5, J. Rose) - Retain the provisions of the Senate Committee Substitute and add a new Section 9, amending KRS 186.018 to require the driving history records of persons convicted under KRS Chapter 189A to be maintained by the Transportation Cabinet for 10 years, rather than 5 years, before the conviction is purged.
SFA (6, J. Rose) - Make title amendment.
SFA (7, J. Rose) - Retain the provisions of the Senate Committee Substitute and add a new Section 9, amending KRS 186.018, to require the driving history records of persons convicted under KRS Chapter 189A to be maintained by the Transportation Cabinet for 7 years, rather than 5 years, before the conviction is purged.
Jan 20-introduced in House
Jan 21-to Judiciary (H)
Jan 26-posted in committee
Feb 19-reported favorably, 1st reading, to Calendar with Committee Substitute; floor amendments (1) and (2) filed
Feb 20-2nd reading, to Rules
Feb 23-floor amendment (3) filed to the Committee Substitute
Feb 24-floor amendments (4) (5) (6) (7) (8) and (9) filed to Committee Substitute
Feb 25-floor amendments (10) (11) and (12) filed to the Committee Substitute; recommitted to Appropriations and Revenue (H); floor amendments (2) and (5) withdrawn
Feb 26-posted in committee; floor amendment (6) withdrawn
Mar 2-floor amendments (1) (2) (4) (11) withdrawn
Mar 4-reported favorably, to Rules with Committee Substitute (2)
Mar 5-floor amendments (13) (14) (15) and (16) filed to Committee Substitute (2)
Mar 6-floor amendments (17) and (18) filed to Committee Substitute (2); posted for passage in the Regular Orders of the Day for March 9, 1998
Mar 9-3rd reading, floor amendments (15) and (18) defeated; passed 90-4 with Committee Substitute (2)
Mar 10-received in Senate
Mar 11-to Judiciary (S)
Mar 24-floor amendments (1) and (2) filed
Mar 25-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 26-2nd reading, to Rules; floor amendments (3) (4) and (5) filed to Committee Substitute; floor amendment (6) filed
Mar 27-floor amendment (7) filed to Committee Substitute
Mar 31-recommitted to Appropriations and Revenue (S)
Apr 2-House floor amendments (1) (2) (4) (11) (15) and (16) withdrawn