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HB 366/CI (BR 1474) - R. Wilkey, J. Coleman, J. Callahan, C. Ratliff, W. Scott, J. Stewart, G. Tapp, J. Vincent, M. Weaver
AN ACT relating to crimes and punishments.
Amend KRS 189A.010 relating to driving under the influence to reduce alcohol concentration from 0.10 to 0.08 as presumptive under the influence; amend KRS 189A.105 relating to alcohol concentration testing to conform to 0.08 alcohol concentration; amend KRS 189A.120 relating to amendment of DUI charges to conform to 0.08 alcohol concentration; amend KRS 189.520 relating to DUI with nonmotorized vehicles to conform to the 0.08 alcohol concentration; create a new section of KRS Chapter 189A to require police to seize drivers' licenses in DUI cases and permit the uniform citation to serve as a license until trial; amend KRS 72.025 relating to post-mortem examination by coroners to include alcohol concentration test in the event a person is killed in a motor vehicle accident; amend KRS 189A.090 relating to driving on a license suspended for DUI to make it a Class D felony if DUI at the time of driving on a suspended license; amend KRS 189.530 to prohibit having an open container of alcoholic beverage in a motor vehicle, exceptions; create a new section of KRS Chapter 189A to provide for seizure of license plate from vehicle owned by person convicted of second or subsequent offense DUI; provide hardship and sale provisions; EFFECTIVE October 1, 2000.
HB 366 - AMENDMENTS
HCS/CI - Replace original provisions of bill with provisions to amend KRS 189A.005 to include additional definitions and qualifiers; amend KRS 189A.010 to provide for blood or breath alcohol limit of 0.08, to enact a two hour rule, and to increase penalties if specified aggravating factors are present in the commission of the offense; amend KRS 189A.040 to delineate the time frame for alcohol or substance abuse programs; amend KRS 189A.050 to provide for an increased DUI service fee and to set out the allocation of fee money received; amend KRS 189A.070 to revise time frames for license revocation and alcohol or substance abuse treatment programs; amend KRS 189A.080 to provide that suspended or revoked licenses are forwarded to the Transportation Cabinet; amend KRS 189A.090 to revise penalties for driving on a suspended or revoked license; amend KRS 189A.103 to include additional provisions relating to alcohol testing and related equipment used therefor; amend KRS 189A.105 to modify information given to a suspect prior to alcohol testing, to provide for a phone call to an attorney prior to testing, and to provide for transportation to alternate testing sites; amend KRS 189A.107 to provide for license suspension upon refusal to submit to testing; amend KRS 189A.120 lower the alcohol limit to 0.08 as it relates to authority to amend a charge; amend KRS 189.520 to lower the blood alcohol limit to 0.08; amend KRS 189A.200 to modify procedures related to license suspension; amend KRS 189A.220 to modify procedures related to license suspension; Create a new section of KRS Chapter 189A to modify procedures related to license suspension; create a new section of KRS 189A.310 to modify the statute relative to the use of prior convictions; amend KRS 189A.410 to provide time restrictions on the issuance of hardship licenses; amend KRS 189.530 to provide for the crime of possessing an open alcoholic beverage container in a motor vehicle; create a new section of KRS Chapter 189A to impoundment of license plates; amend KRS 186.018, 189A.240, 235.240, and 281A.2102 to conform; amend KRS 189A.100 to provide for procedure relative to recordings made of DUI stops; amend KRS 189.990 to provide penalties for certain criminal provisions of the bill; repeal KRS 186.642, 186.643, 186.644, 186.645, 186.646, 186.647, 186.648, 186.649, 186.992, 189A.015, 189A.060; provide for an effective date of October 1, 2000.
HFA (1, T. Burch) - Remove the requirement that the first offense driving under the influence education program be completed within 9 months and the person be dismissed from the program upon successful completion.
HFA (2, R. Wilkey) - Amend KRS 186.560 to conform.
HFA (3, M. Treesh) - Trigger third and subsequent DUI offenses when a person has a blood alcohol level of 0.02.
HFA (4, R. Wilkey) - Delete provision of amendment of KRS 189A.010 requiring refusal of alcohol analysis test by police to be videotaped, recorded, or have defendant's signature; in amendment of KRS 189A.040 relating to required alcohol education programs to include persons under 18; in amendment of KRS 189A.070 relating to not returning license of violator until education program is completed to require license to be returned forthwith by Transportation Cabinet if the person is granted an extension to enter education program; in amendment of KRS 189.520 relating to operating a nonmotorized vehicle under the influence to delete provisions requiring suspension of motor vehicle operator's license; in amendment of KRS 189A.200 relating to pretrial suspension of license to require suspension of license in cases involving death or serious physical injury rather than physical injury; in amendment of KRS 189A.310 relating to use of prior convictions to permit court to prohibit use of a prior conviction which does not comply with applicable court opinions relating to the use of prior convictions; change Section 18 relating to hardship license to remove the requirement that the application for hardship license be done at final sentencing, require the Transportation Cabinet, if appropriate to return license plate to vehicle, change provision specifying that the defendant may not utilize a vehicle for which the license plate has been suspended and a hardship exception has been granted from the defendant shall not "utilize" the vehicle to the defendant shall not "operate"; permit vehicle which is "sold" to a joint owner to be "transferred" to a joint owner; in the amendment of KRS 189A.100 relating to recording of DUI traffic stops and alcohol testing to clarify that the entire pursuit and traffic stop does not have to be recorded but the field sobriety testing does and that all portions of the pursuit and traffic stop which have been recorded shall be made available to the defense and shall be shown in their entirety in court unless the defendant permits portions to be omitted; and to make numerous technical corrections.
HFA (5, J. Barrows) - Amend to delete section of bill relating to license plate impoundment.
HFA (6, J. Barrows) - Amend to include reference to scientifically reliable tests and to substitute reference to the Prosecutor's Advisory Council for the Office of the Attorney General in relation to funding for training of prosecutors.
HFA (7, J. Barrows) - Amend to delete Section relating to hardship license and repeal KRS 189A.410.
HFA (8, J. Hoover) - Amend to specify that 20 minute waiting period for alcohol breath testing begins when the peace officer and the subject arrive at the testing location.
HFA (9, J. Vincent) - Amend provisions relating to alcohol treatment for persons under 21 convicted of DUI, to exempt persons under 21 from the DUI service fee, to change the evidentiary standard for testing refusals to clear and convincing, and to make a technical correction.
HFA (10, J. Turner) - Prohibit the detention of a member of the General Assembly while that member is traveling to or returning from legislative sessions or meetings.
SCA (1, J. Westwood) - Delete provision allowing a person who has enrolled in an alcohol and substance abuse program to gain license restoration under certain circumstances for 120 days to complete the program.
SCA (2, J. Westwood) - Amend to delete requirement that alcohol or substance abuse programs mandated for persons convicted of DUI shall not exceed 9 hours.
SCA (3/P, R. Stivers) - Allow court to require person convicted of DUI to use an ignition interlock device upon restoration of his license in lieu of license plate impoundment; require Transportation Cabinet to note on the person's driver's license that he must use an ignition interlock device; direct cabinet to require proof of installation and periodic inspection of a functioning device; direct cabinet to require the person to have the device serviced and monitored every 90 days and to pay the cost of using and monitoring the device; direct cabinet to certify devices, installers, and servicing and monitoring facilities, and to periodically publish on its web site the approved installers and servicing facilities; require cabinet to develop warning label regarding penalties associated with tampering with a functioning device, installing a non-functioning device, and starting a device for another person; and prohibit and establish penalties for operating a motor vehicle without a functioning ignition interlock device when prohibited from doing so, for starting a vehicle for the purpose of providing an operable vehicle to a person subject to such prohibition, and for tampering with a functioning device or installing a defective device.
SFA (4, R. Leeper) - Allow court to require person convicted of DUI to use an ignition interlock device upon restoration of his license in lieu of license plate impoundment; require Transportation Cabinet to note on the person's driver's license that he must use an ignition interlock device; direct cabinet to require proof of installation and periodic inspection of a functioning device; direct cabinet to require the person to have the device serviced and monitored every 90 days and to pay the cost of using and monitoring the device; direct cabinet to certify devices, installers, and servicing and monitoring facilities, and to periodically publish on its web site the approved installers and servicing facilities; require cabinet to develop warning label regarding penalties associated with tampering with a functioning device, installing a non-functioning device, and starting a device for another person; and prohibit and establish penalties for operating a motor vehicle without a functioning ignition interlock device when prohibited from doing so, for starting a vehicle for the purpose of providing an operable vehicle to a person subject to such prohibition, and for tampering with a functioning device or installing a defective device.
SFA (5, J. Pendleton) - Amend KRS 309.084 to permit the Kentucky Certification Board of Chemical Dependency Professionals to certify by endorsement an alcohol and drug counselor if the applicant meets Kentucky requirements and is not under investigation in another state.
SFA (6/Title, J. Pendleton) - Make title amendment.
SFA (7, R. Stivers) - Create a new section of KRS Chapter 189A to specify which types of alcohol or substance testing are subject to refusal penalties; specify that preliminary breath test results are inadmissible in court.
SFA (8, J. Pendleton) - Amend KRS 309.084 to permit the Kentucky Certification Board of Chemical Dependency Professionals to certify by endorsement an alcohol and drug counselor if the applicant meets Kentucky requirements or its equivalent and is not under investigation in another state.
Jan 14-introduced in House
Jan 18-to Judiciary (H)
Feb 22-posted in committee
Mar 8-reported favorably, 1st reading, to Calendar with Committee Substitute ; floor amendment (1) filed to Committee Substitute
Mar 9-2nd reading, to Rules; floor amendment (2) filed to Committee Substitute
Mar 10-posted for passage in the Regular Orders of the Day for Monday, March 13, 2000; floor amendment (3) filed to Committee Substitute
Mar 13-floor amendment (4) filed to Committee Substitute
Mar 14-floor amendments (5) (6) (7) and (8) filed to Committee Substitute
Mar 15-floor amendments (9) and (10) filed to Committee Substitute
Mar 16-3rd reading; floor amendments (1) and (5) defeated ; floor amendment (3) withdrawn ; passed 91-5 with Committee Substitute, floor amendments (6) (8) and (9)
Mar 17-received in Senate
Mar 21-to Judiciary (S)
Mar 22-reported favorably, 1st reading, to Calendar with committee amendments (1) (2) and (3)
Mar 23-2nd reading, to Rules; floor amendment (4) filed
Mar 24-floor amendments (5) and (6-title) filed
Mar 27-posted for passage in the Regular Orders of the Day for Monday, March 27, 2000; passed over and retained in the Orders of the Day; floor amendments (7) and (8) filed
Mar 28-3rd reading; floor amendment (8) ruled not germane ; floor amendments (5) and (6-title) withdrawn ; passed 38-0 with committee amendments (1) (2) and (3), floor amendments (4) and (7) ; received in House; posted for passage for concurrence in Senate committee amendments (1) (2) and (3), floor amendments (4) and (7)
Mar 29-House concurred in Senate committee amendments (1) (2) and (3), floor amendments (4) and (7) ; passed 94-4
Apr 11-enrolled, signed by each presiding officer, delivered to Governor
Apr 21-signed by Governor (Acts ch. 467)
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