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HB 261/CI/LM (BR 952) - J. DuPlessis, R. Benvenuti III, B. Reed, J. Tipton

     AN ACT relating to driving under the influence.
     Amend KRS 189A.010, 189A.070, 189A.090, and 189A.340, relating to driving under the influence, to provide that, regarding the ten-year look-back provision, anyone who violates the provisions of KRS 189A.010 is restricted to one first-time offense during his or her lifetime.


AMENDMENTS

     HCS1/CI/LM - Keep original provisions; amend KRS 189A.010 to provide that all first DUI offenses and all DUI offenses with aggravating circumstances remain on the record and constitute prior offenses regardless of when they were committed; amend KRS 189A.070 to conform; amend KRS 189A.090, 189A.340, 189A.410 on ignition interlock licenses after DUI convictions to conform.
     HFA1( D. Owens ) - Allow a first offense of DUI to be sealed after 10 years, while maintaining its availability to enhance penalties for subsequent offenses.
     HFA2( D. Owens ) - Amend KRS 189A.010 to specify that provisions regarding prior offenses are not retroactive.
     HFA3( J. DuPlessis ) - Amend KRS 189A.010 to allow driving under the influence first offenses to be sealed ten years after the date of the offense upon motion of the defendant; forbid the appearance of the first offense in state background checks; permit use of the first offense to determine the charging level of a subsequent violation; prohibit retroactive application of the new first offense procedures.
     SCS1/CI/LM - Amend KRS 189A.010 to provide that all first DUI offenses and all DUI offenses with aggravating circumstances remain on the record and constitute prior offenses regardless of when they were committed, and to allow for sealing of the records of a first offense after 10 years while maintaining those records for the purposes of charging subsequent violations; amend KRS 189A.070 to conform; amend KRS 189A.090, 189A.340, 189A.410 on ignition interlock licenses after DUI convictions to conform; amend KRS 186.018 to require the Transportation Cabinet to permanently maintain records of a first DUI conviction.

     Feb 08, 2017 - introduced in House
     Feb 13, 2017 - to Judiciary (H)
     Feb 21, 2017 - posted in committee
     Feb 22, 2017 - reported favorably, 1st reading, to Calendar with Committee Substitute; floor amendments (1), (2) and (3) filed to Committee Substitute
     Feb 23, 2017 - 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, February 27, 2017
     Feb 28, 2017 - 3rd reading, passed 94-0 with Committee Substitute and floor amendment (3); received in Senate
     Mar 01, 2017 - to Judiciary (S)
     Mar 08, 2017 - taken from Judiciary (S); 1st reading; returned to Judiciary (S)
     Mar 14, 2017 - reported favorably, 2nd reading, to Rules with Committee Substitute