Senate Bill 85

Actions | Amendments
Last Action 03/14/19: delivered to Governor
Title AN ACT relating to driving under the influence and making an appropriation therefor.
Bill Documents Current
Introduced
Impact Statements Corrections Impact
Local Mandate
Bill Request Number 10
Sponsors W. Westerfield, D. Carroll, S. Meredith, R. Thomas
Summary of Original Version Amend KRS 189A.005 to provide a definition for "cabinet" and to clarify the definitions of "ignition interlock device", "ignition interlock certificate of installation", "ignition interlock device provider", and "ignition interlock license"; amend KRS 189A.010 to clarify that laboratory tests for controlled substances are admissible for DUI prosecutions under (1)(c) or (e); amend KRS 189A.040 to provide that alcohol or substance abuse treatment pursuant to this statute shall be authorized as Medicaid-eligible services for defendants who are Medicaid-eligible; amend KRS 189A.045 to clarify that if a defendant enrolls in an education alcohol or substance abuse treatment program before conviction that the education or treatment completed prior to conviction counts towards the education or treatment requirement imposed by KRS 189A.040; amend KRS 189A.050 to raise the DUI service fee from $375 to $425 and appropriate the additional $50 to the Transportation Cabinet for administrative costs associated with ignition interlock; repeal and reenact KRS 189A.070 to provide that the Transportation Cabinet shall suspend the driver's license of a person convicted of a DUI; specify that any person issued an ignition interlock license may have a shorter suspension period; amend KRS 189A.085 to provide that a person convicted of any DUI shall surrender his or her license plate unless the person or family qualifies for an exemption; amend KRS 189A.090, operating a motor vehicle while driver's license is suspended for a DUI, to conform and to raise the third or subsequent offense of this statute for a person who was driving impaired to a Class C felony; amend KRS 189A.100 to clarify that the sentencing court can order a videotape or film of a DUI destroyed; amend KRS 189A.200 to provide that the court may require an ignition interlock license as a pretrial condition of release for those charged with violating (1)(a) but shall require an ignition interlock license as a pretrial condition of release for those charged with violating (1)(b) or (c); repeal and reenact KRS 189A.340 to provide the requirements for and restrictions of an ignition interlock license; amend KRS 189A.345 to make penalties for ignition interlock license and device violations; repeal, reenact, amend, and renumber KRS 189A.500 to clarify the Transportation Cabinet's regulatory authority for ignition interlock; create a new section of KRS Chapter 189A to provide an administrative appeals process for ignition interlock licenses; amend KRS 189A.410 to specify that only those charged with violations of KRS 189A.010(1)(c) or (d) are eligible for hardship licenses; amend KRS 189A.107, 189A.400, 189A.440, and 186.560 to conform; amend KRS 189A.105, 189A.220, 189A.240, and 189A.250 to make technical corrections; repeal 189A.080, 189A.320, 189A.420, 189A.430, and 189A.450; EFFECTIVE January 1, 2020.
Index Headings of Original Version Corrections Impact - Driving under the influence, ignition interlock licenses
Local Mandate - Driving under the influence, ignition interlock licenses
Crimes and Punishments - Driving under the influence, ignition interlock licenses
Criminal Procedure - Driving under the influence, ignition interlock licenses
Effective Dates, Delayed - Driving under the influence, ignition interlock licenses
Motor Vehicles - Driving under the influence, ignition interlock licenses
Driver Licensing - Driving under the influence, ignition interlock licenses
Corrections Impact - Driving under the influence, ignition interlock licenses
Corrections Impact - Driving under the influence, ignition interlock licenses
Local Mandate - Driving under the influence, ignition interlock licenses
Jump to Proposed Amendments Senate Committee Substitute 1
Senate Floor Amendment 1
Senate Floor Amendment 2
House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
House Floor Amendment 5
House Floor Amendment 6
House Floor Amendment 7
House Floor Amendment 8
Votes Vote History

Actions

Top | Amendments
01/11/19
  • introduced in Senate
02/05/19
  • to Judiciary (S)
02/14/19
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/15/19
  • 2nd reading, to Rules
  • floor amendment (1) filed to Committee Substitute
02/19/19
  • posted for passage in the Regular Orders of the Day for Wednesday, February 20, 2019
  • floor amendment (2) filed to Committee Substitute
02/20/19
  • 3rd reading, passed 34-0 with Committee Substitute (1) and floor amendments (1) and (2)
02/21/19
  • received in House
02/22/19
  • to Judiciary (H)
02/25/19
  • posted in committee
03/06/19
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
03/07/19
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Tuesday, March 12, 2019
  • floor amendments (1) and (2) filed to Committee Substitute
03/12/19
  • floor amendments (3), (4), (5) and (6) filed to Committee Substitute
03/13/19
  • floor amendments (7) and (8) filed to Committee Substitute
03/14/19
  • 3rd reading, passed 94-1 with Committee Substitute (1) and floor amendments (7) and (8)
  • received in Senate
  • posted for passage for concurrence in House Committee Substitute (1) and floor amendments (7) and (8)
  • Senate concurred in House Committee Substitute (1) and floor amendments (7) and (8)
  • Bill passed 37-0
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Governor

Proposed Amendments

Top | Actions
Amendment Senate Committee Substitute 1
Impact Statements Corrections Impact
Local Mandate
Summary Amend KRS 189A.010 to provide that the results of a blood sample obtained more than two hours after driving shall not be admissible for DUI prosecutions under (1)(d) but may admissible for DUI prosecutions under (1)(c) or (e); adjust the presumption in DUI prosecutions under (1)(b) or (e) from 0.05 to 0.04; amend KRS 189A.070 to adjust the maximum license suspension period for those convicted of a DUI; provide that license suspension periods shall be based on whether the person was convicted of a first, second, third, or fourth DUI; amend KRS 189A.200 to require a person ordered to apply for an ignition interlock license during his or her pretrial license suspension to present a completed application to the court; amend KRS 189A.340 to allow a person whose license has been suspended for a DUI to drive to an ignition interlock device provider to have an ignition interlock device installed in his or her motor vehicle or motorcycle; lower the cap on the ignition interlock monthly fee from $130 to $100; amend KRS 189A.500 to require an ignition interlock device provider to have a service location in each Transportation Cabinet highway district; allow the Transportation Cabinet to establish ignition interlock provider fees; create an ignition interlock administration fund; amend KRS 186.550 to conform.
Index Headings Crimes and Punishments - Driving under the influence, ignition interlock licenses
Criminal Procedure - Driving under the influence, ignition interlock licenses
Effective Dates, Delayed - Driving under the influence, ignition interlock licenses, effective January 1, 2020
Motor Vehicles - Driving under the influence, ignition interlock licenses
Driver Licensing - Driving under the influence, ignition interlock licenses

Amendment Senate Floor Amendment 1
Sponsor W. Westerfield
Summary Amend 189A.070 to provide that a person's license suspension for a DUI conviction shall be deemed effective on the date of entry of the court's order or judgment; amend KRS 189A.105 to clarify that if a person refuses to submit to tests under KRS 189A.103, and has been convicted for a second or third time of a DUI within 10 years, he or she shall be subject to a mandatory minimum jail sentence that is twice as long; amend KRS 189A.200 to provide that the court, in addition to ordering a person to apply for an ignition interlock license, may order other conditions; amend KRS 189A.340 to allow a person whose license has been suspended for a DUI to drive to the circuit clerk's office in the person's county of residence to obtain an ignition interlock license.
Index Headings Crimes and Punishments - Driving under the influence, ignition interlock licenses
Criminal Procedure - Driving under the influence, ignition interlock licenses
Motor Vehicles - Driving under the influence, ignition interlock licenses
Driver Licensing - Driving under the influence, ignition interlock licenses

Amendment Senate Floor Amendment 2
Sponsor W. Westerfield
Summary Amend KRS 189A.010 to clarify that refusal is not an aggravating circumstance for a first offense of DUI.
Index Headings Crimes and Punishments - Driving under the influence, ignition interlock licenses
Criminal Procedure - Driving under the influence, ignition interlock licenses
Motor Vehicles - Driving under the influence, ignition interlock licenses
Driver Licensing - Driving under the influence, ignition interlock licenses

Amendment House Committee Substitute 1
Impact Statements Corrections Impact
Local Mandate
Summary Keep original provisions; amend KRS 189A.340 to provide that a person whose license has been suspended for a DUI has 14 days from the date of the ignition interlock approval letter to drive himself or herself to a provider to have an ignition interlock device installed in his or her motor vehicle or motorcycle; clarify the employer exemption; amend KRS 189A.345 to provide that a person who is issued an ignition interlock license and requests, permits, or allows another person to provide a sample on his or her behalf is guilty of a Class B misdemeanor for the first offense and a Class A misdemeanor for the second or subsequent offense; amend KRS 189A.500 to require the Transportation Cabinet to monitor ignition interlock service locations and to create a process to require providers to provide ignition interlocks services in underserved areas; EFFECTIVE January 1, 2020.
Index Headings Crimes and Punishments - Driving under the influence, ignition interlock licenses
Criminal Procedure - Driving under the influence, ignition interlock licenses
Effective Dates, Delayed - Driving under the influence, ignition interlock licenses, effective January 1, 2020
Motor Vehicles - Driving under the influence, ignition interlock licenses
Driver Licensing - Driving under the influence, ignition interlock licenses

Amendment House Floor Amendment 1
Sponsor J. Hoover
Summary Delete language from KRS 189A.010 specifying that the results of a blood sample obtained more than 2 hours after driving shall not be admissible for DUI prosecutions under (1)(d) but may admissible for DUI prosecutions under (1)(c) or (e).
Index Headings Crimes and Punishments - Driving under the influence, ignition interlock licenses
Criminal Procedure - Driving under the influence, ignition interlock licenses
Motor Vehicles - Driving under the influence, ignition interlock licenses
Driver Licensing - Driving under the influence, ignition interlock licenses

Amendment House Floor Amendment 2
Sponsor J. Hoover
Summary Return the DUI service fee to $375; make conforming changes.
Index Headings Crimes and Punishments - Driving under the influence, ignition interlock licenses
Criminal Procedure - Driving under the influence, ignition interlock licenses
Motor Vehicles - Driving under the influence, ignition interlock licenses
Driver Licensing - Driving under the influence, ignition interlock licenses

Amendment House Floor Amendment 3
Sponsor R. Heath
Summary Return the DUI service fee to $375; repeal, reenact, amend, and renumber KRS 189A.420 as KRS 189A.360; provide that the ignition interlock application fee shall be deposited into the ignition interlock administration fund; make conforming changes; effective July 1, 2020.
Index Headings Effective Dates, Delayed - Driving under the influence, ignition interlock licenses, July 1, 2020
Crimes and Punishments - Driving under the influence, ignition interlock licenses
Criminal Procedure - Driving under the influence, ignition interlock licenses
Motor Vehicles - Driving under the influence, ignition interlock licenses
Driver Licensing - Driving under the influence, ignition interlock licenses

Amendment House Floor Amendment 4
Sponsor M. Sorolis
Summary Restore the Class D penalty for a third or subsequent violation of operating a motor vehicle on a suspended license.
Index Headings Crimes and Punishments - Driving under the influence, ignition interlock licenses
Criminal Procedure - Driving under the influence, ignition interlock licenses
Motor Vehicles - Driving under the influence, ignition interlock licenses
Driver Licensing - Driving under the influence, ignition interlock licenses

Amendment House Floor Amendment 5
Sponsor J. Hoover
Summary Amend KRS 189A.105 to allow a judge to issue a search warrant or other court order requiring a blood or urine test of a defendant charged with a felony DUI or wanton endangerment in the first degree.
Index Headings Crimes and Punishments - Driving under the influence, ignition interlock licenses
Criminal Procedure - Driving under the influence, ignition interlock licenses
Motor Vehicles - Driving under the influence, ignition interlock licenses
Driver Licensing - Driving under the influence, ignition interlock licenses

Amendment House Floor Amendment 6
Sponsor J. Hoover
Summary Amend KRS 189A.340 to provide that a person, whose license is suspended for a first DUI within a 10 year period for driving under the influence of alcohol and who is at or below 200% of the federal poverty guidelines, is eligible for a hardship license.
Index Headings Crimes and Punishments - Driving under the influence, hardship license
Criminal Procedure - Driving under the influence, hardship license
Motor Vehicles - Driving under the influence, hardship license
Driver Licensing - Driving under the influence, hardship license

Amendment House Floor Amendment 7
Sponsor R. Heath
Summary Delete amendment to search warrant language in KRS 189A.105.
Index Headings Crimes and Punishments - Driving under the influence, ignition interlock licenses
Criminal Procedure - Driving under the influence, ignition interlock licenses
Motor Vehicles - Driving under the influence, ignition interlock licenses
Driver Licensing - Driving under the influence, ignition interlock licenses

Amendment House Floor Amendment 8
Sponsor R. Heath
Summary Return the DUI service fee to $375; reduce the maximum driver's license suspension period for a person convicted of a first DUI from nine months to six months; reduce the ignition interlock compliance period for a person convicted of a first DUI from 120 days to 90 days; restore the Class D penalty for a third or subsequent violation of operating a motor vehicle on a suspended license; repeal, reenact, amend, and renumber KRS 189A.420 as KRS 189A.360 to retain the ignition interlock application fee; delete provider fee language; delete the creation of the ignition interlock administration fund; make conforming changes; EFFECTIVE July 1, 2020.
Index Headings Crimes and Punishments - Driving under the influence, ignition interlock licenses
Criminal Procedure - Driving under the influence, ignition interlock licenses
Effective Dates, Delayed - Driving under the influence, ignition interlock licenses, effective July 1, 2020
Motor Vehicles - Driving under the influence, ignition interlock licenses
Driver Licensing - Driving under the influence, ignition interlock licenses

Last updated: 3/25/2019 5:21 PM (EDT)
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