House Bill 261

Actions | Amendments
Last Action reported favorably, 2nd reading, to Rules with Committee Substitute
Title AN ACT relating to driving under the influence.
Bill Documents Current/Final
Introduced
Impact Statements Corrections Impact
Local Mandate
Bill Request Number 952
Sponsors J. DuPlessis, R. Benvenuti III, B. Reed, J. Tipton
Summary of Original Version 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.
Index Headings of Original Version Courts - DUI, ten-year lookback, penalties imposed
Crimes and Punishments - DUI, ten-year lookback, penalties imposed
Criminal Procedure - DUI, ten-year lookback, penalties imposed
Motor Vehicles - DUI, ten-year lookback, penalties imposed
Traffic Safety - DUI, ten-year lookback, penalties imposed
Corrections Impact - DUI, ten-year lookback, penalties imposed
Local Mandate - DUI, ten-year lookback, penalties imposed
Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
Senate Committee Substitute 1
Votes Vote History

Actions

Top | Amendments
02/08/17
  • introduced in House
02/13/17
  • to Judiciary (H)
02/21/17
  • posted in committee
02/22/17
  • reported favorably, 1st reading, to Calendar with Committee Substitute
  • floor amendments (1), (2) and (3) filed to Committee Substitute
02/23/17
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Monday, February 27, 2017
02/28/17
  • 3rd reading, passed 94-0 with Committee Substitute and floor amendment (3)
  • received in Senate
03/01/17
  • to Judiciary (S)
03/08/17
  • taken from Judiciary (S)
  • 1st reading
  • returned to Judiciary (S)
03/14/17
  • reported favorably, 2nd reading, to Rules with Committee Substitute

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Impact Statements Corrections Impact
Local Mandate
Summary 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.
Index Headings Courts - DUI, ten-year lookback, penalties imposed
Crimes and Punishments - DUI, ten-year lookback, penalties imposed
Criminal Procedure - DUI, ten-year lookback, penalties imposed
Motor Vehicles - DUI, ten-year lookback, penalties imposed
Traffic Safety - DUI, ten-year lookback, penalties imposed
Corrections Impact - DUI, ten-year lookback, penalties imposed
Local Mandate - DUI, ten-year lookback, penalties imposed

Amendment House Floor Amendment 1
Sponsor D. Owens
Summary Allow a first offense of DUI to be sealed after 10 years, while maintaining its availability to enhance penalties for subsequent offenses.
Index Headings Courts - DUI, ten-year lookback, penalties imposed
Crimes and Punishments - DUI, ten-year lookback, penalties imposed
Criminal Procedure - DUI, ten-year lookback, penalties imposed
Motor Vehicles - DUI, ten-year lookback, penalties imposed
Traffic Safety - DUI, ten-year lookback, penalties imposed
Corrections Impact - DUI, ten-year lookback, penalties imposed
Local Mandate - DUI, ten-year lookback, penalties imposed

Amendment House Floor Amendment 2
Sponsor D. Owens
Summary Amend KRS 189A.010 to specify that provisions regarding prior offenses are not retroactive.
Index Headings Courts - DUI, ten-year lookback, penalties imposed
Crimes and Punishments - DUI, ten-year lookback, penalties imposed
Criminal Procedure - DUI, ten-year lookback, penalties imposed
Motor Vehicles - DUI, ten-year lookback, penalties imposed
Traffic Safety - DUI, ten-year lookback, penalties imposed
Corrections Impact - DUI, ten-year lookback, penalties imposed
Local Mandate - DUI, ten-year lookback, penalties imposed

Amendment House Floor Amendment 3
Sponsor J. DuPlessis
Summary 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.
Index Headings Courts - DUI, ten-year lookback, penalties imposed
Crimes and Punishments - DUI, ten-year lookback, penalties imposed
Criminal Procedure - DUI, ten-year lookback, penalties imposed
Motor Vehicles - DUI, ten-year lookback, penalties imposed
Traffic Safety - DUI, ten-year lookback, penalties imposed
Corrections Impact - DUI, ten-year lookback, penalties imposed
Local Mandate - DUI, ten-year lookback, penalties imposed

Amendment Senate Committee Substitute 1
Impact Statements Corrections Impact
Local Mandate
Summary 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.
Index Headings Courts - DUI, ten-year lookback, penalties imposed
Crimes and Punishments - DUI, ten-year lookback, penalties imposed
Criminal Procedure - DUI, ten-year lookback, penalties imposed
Motor Vehicles - DUI, ten-year lookback, penalties imposed
Traffic Safety - DUI, ten-year lookback, penalties imposed
Corrections Impact - DUI, ten-year lookback, penalties imposed
Local Mandate - DUI, ten-year lookback, penalties imposed

Last updated: 1/16/2019 3:02 PM (EST)