|
H.B.
No. 0058 |
Driving under the influence-blood alcohol content. |
Sponsored By: Representative(s) Warren, Iekel, Johnson, W.,
McOmie and Watt and Senator(s) Erb, Geis, Massie and Roberts
AN ACT relating to alcohol related offenses;
reducing the blood-alcohol level for offenses of driving or having control of a
vehicle while under the influence of intoxicating liquor and operating or being
in control of watercraft while under the influence of intoxicating liquor;
amending presumptions accordingly; amending obsolete reference; and providing
for an effective date.
01/17/2002 Bill
Number Assigned
02/11/2002 H
Received for Introduction
02/13/2002 H
Introduced and Referred to H08
ROLL CALL
Ayes: Representative(s) Anderson, R., Baker, Boswell, Deegan, Edwards,
Esquibel, Eyre, Gay, Hessenthaler, Iekel, Illoway, Johnson, L., Johnson, W.,
Landon, Law, Lockhart, Luthi, McGraw, McMurtrey, McOmie, Meuli, Meyer, Miller,
D., Morgan, Nagel, Nelson, Osborn, Parady, Paseneaux, Petersen, Reese,
Robinson, Rose, Ross, Sadler, Samuelson, Shivler, Simpson, Slater, Tempest,
Thompson, Tipton, Tomassi, Warren, Wasserburger and Watt.
Nays: Representative(s) Burns, Childers, Cohee, Diercks, Hageman,
Hines, Huckfeldt, Jones, Nicholas, Philp, Simons, Stafford, Willford and
Wostenberg.
Ayes 46
Nays 14 Excused 0 Absent 0 Conflicts 0
02/20/2002 H08
Recommended Do Pass
ROLL CALL
Ayes: Representative(s) Cohee, Edwards, Esquibel, Gay, Hessenthaler,
Johnson, W., Nelson and Tomassi
Nays: Representative(s) Simons
Ayes 8
Nays 1 Excused 0 Absent 0 Conflicts 0
02/20/2002 H
Placed on General File
02/22/2002 H
Passed CoW
02/25/2002 H
Passed 2nd Reading
02/26/2002 H
Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Baker, Burns, Childers, Diercks, Edwards,
Esquibel, Eyre, Gay, Hageman, Hessenthaler, Hines, Iekel, Illoway, Johnson, L.,
Johnson, W., Jones, Landon, Law, Lockhart, Luthi, McGraw, McMurtrey, McOmie,
Meuli, Meyer, Miller, D., Morgan, Nelson, Parady, Paseneaux, Petersen, Philp,
Reese, Robinson, Rose, Ross, Sadler, Samuelson, Shivler, Simons, Simpson,
Slater, Stafford, Tempest, Thompson, Tipton, Tomassi, Warren, Wasserburger, Watt
and Willford.
Excused: Representative(s) Anderson, R., Boswell, Cohee, Deegan,
Huckfeldt, Nagel, Nicholas, Osborn and Wostenberg.
Ayes 51
Nays 0 Excused 9 Absent 0 Conflicts 0
02/26/2002 S
Received for Introduction
02/26/2002 S
Introduced and Referred to S08
02/28/2002 S08
Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Boggs, Erb, Geis and Vasey
Nays: Senator(s) Barton
Ayes 4
Nays 1 Excused 0 Absent 0 Conflicts 0
02/28/2002 S
Placed on General File
03/05/2002 Amendment
Failed
HB0058SW001/F
Page
7-line 19 Delete "July 1,
2002" insert "September 30, 2003". HINCHEY
03/05/2002 S
Passed CoW
03/06/2002 S
Laid Back Without Prejudice
03/07/2002 Amendment
Failed
HB0058S2001/F
Page
1-line 6 Delete "amending
presumptions accordingly" insert "repealing certain presumptions as
specified".
Page 1-line 11 Delete "and (c)(ii)".
Page 1-line 13 Delete ", (d)(ii)".
Page 2-lines 12 through 24 Delete.
Page 3-lines 1 through 6 Delete.
Page 6-lines 4 through 20 Delete.
Page 7-After line 17 Insert and renumber:
"Section 2. W.S. 31‑5‑233(c)(ii) and 41‑13‑206(d)(ii)
are repealed.".
Page 7-line 19 Delete "2" insert
"3". BARTON
ROLL CALL
Ayes: Senator(s) Anderson, J., Barton, Case, Cathcart, Coe, Devin,
Geis, Goodenough, Hawks, Hinchey, Kinnison, Meier, Schiffer and Youngbauer.
Nays: Senator(s) Boggs, Decaria, Erb, Hanes, Harris, Job, Kunz, Larson,
Massie, Miller, C., Mockler, Peck, Roberts, Scott, Sessions and Vasey.
Ayes
14 Nays 16 Excused 0 Absent 0
Conflicts 0
HB0058S2002/F
Page 1-line 4 After "liquor" delete
balance of line and insert ";".
Page 1-line 5 Delete.
Page
1-line 6 Delete "liquor;";
delete "presumptions" insert "presumption"; after
"accordingly;" delete "amending".
Page 1-line 7 Delete "obsolete
reference;".
Page
1-line 12 After "(iii)"
delete "," insert "and"; after "31-6-103(b)"
delete "and".
Page 1-line 13 Delete line through "and
(e)".
Page 5-lines 12 through 23 Delete.
Page 6-lines 1 through 24 Delete.
Page 7-lines 1 through 17 Delete.
MEIER, HINCHEY, COE
ROLL CALL
Ayes: Senator(s) Barton, Case, Cathcart, Coe, Goodenough, Harris,
Hinchey, Kinnison, Kunz, Larson, Meier, Peck, Schiffer and Youngbauer.
Nays: Senator(s) Anderson, Boggs, Decaria, Devin, Erb, Geis, Hanes,
Hawks, Job, Massie, Miller, C., Mockler, Roberts, Scott, Sessions and Vasey.
Ayes
14 Nays 16 Excused 0 Absent 0
Conflicts 0
03/07/2002 S
Amendments Adopted
HB0058S2004/A
Page
1-line 6 After
"accordingly;" insert "creating an offense for limited
impairment while driving under the influence of alcohol and providing penalties
for the offense as specified;".
Page 7-Before line 19 Insert and renumber:
"Section 2. W.S. 31-5-233(e), (f) and by
creating a new subsection (m) and 31-7-128(b)(i) are amended to read:
31‑5‑233. Driving or
having control of vehicle while under influence of intoxicating liquor or
controlled substances; penalties.
(e) Except as provided in subsection
subsections (h) and (m) of this section, a person convicted of
violating this section is guilty of a misdemeanor punishable by imprisonment
for not more than six (6) months, a fine of not more than seven hundred fifty
dollars ($750.00), or both. On a second conviction within five (5) years after
a conviction for a violation of this section or other law prohibiting driving
while under the influence, he shall be punished by imprisonment for not less
than seven (7) days nor more than six (6) months and shall not be eligible for
probation or suspension of sentence or release on any other basis until he has
served at least seven (7) days in jail. In addition, the person may be fined
not less than two hundred dollars ($200.00) nor more than seven hundred fifty
dollars ($750.00). On a third or subsequent conviction within five (5) years
after a conviction for a violation of this section or other law prohibiting
driving while under the influence, he shall be punished by imprisonment for not
less than thirty (30) days nor more than six (6) months and shall not be
eligible for probation or suspension of sentence or release on any other basis
until he has served at least thirty (30) days in jail. The court, after
consultation with the sheriff, may order the person to undergo outpatient
alcohol or substance abuse treatment during any mandatory period of
incarceration. The minimum period of
imprisonment for a third or subsequent violation shall be mandatory, but the
court may suspend up to fifteen (15) days of the mandatory period of
imprisonment if, subsequent to the date of the current violation, the offender
completes an inpatient treatment program approved by the court. In addition,
the person may be fined not less than seven hundred fifty dollars ($750.00) nor
more than three thousand dollars ($3,000.00). The judge may suspend part or all
of the discretionary portion of an imprisonment sentence under this subsection
and place the defendant on probation on condition that the defendant pursues
and completes an alcohol education or treatment program as prescribed by the
judge. Notwithstanding any other provision of law, the term of probation
imposed by a judge under this section may exceed the maximum term of
imprisonment established for the offense under this subsection provided the
term of probation together with any extension thereof, shall in no case exceed
three (3) years.
(f) Except as provided in subsection (m) of this
section, any
person convicted under this section or a municipal ordinance which
substantially conforms to the provisions of this section shall, in addition to
the penalty imposed, have his driver's license suspended or revoked pursuant to
W.S. 31‑7‑127 or 31‑7‑128. The court shall forward to
the department a copy of the record pertaining to disposition of the arrest or
citation.
(m) Any person driving or
having actual physical control of any vehicle within this state while having an
alcohol concentration of not less than eight one-hundredths of one percent
(0.08%) and not more than ten one-hundredths of one percent (0.10%) who is
convicted of a first offense under this section, shall be guilty of the offense
of limited impairment, punishable by a fine not to exceed three hundred dollars
($300.00), provided no serious bodily injury occurred and the vehicle is not
involved in a traffic accident as a result of the limited impairment of the
operator of the vehicle. Any person convicted under this subsection shall not
be subject to the provisions of subsections (e) and (f) of this section and
W.S. 31-5-1205(k) and 31-7-128(b)(i). Any abstracts or records maintained by
the department under W.S. 31-5-1214 or 31‑7‑120 containing
information of a conviction under this subsection shall be expunged no later
than one (1) year of receipt of the record. If no subsequent convictions occur
under this section for a period of three (3) years after the conviction under
this subsection, the conviction under this subsection shall not be, after the
expiration of the three (3) year period, the basis for any increase in casualty
insurance premiums or the cancellation of any casualty insurance policy for the
person convicted under this subsection.
31‑7‑128. Mandatory
suspension of license or nonresident operating privilege for certain
violations; suspension of registration.
(b) Upon receiving a record of a driver's conviction under
W.S. 31‑5‑233 or other law prohibiting driving while under the influence,
the division shall suspend the license or nonresident operating privilege for:
(i) Ninety (90)
days for the first conviction, unless the conviction
occurred under W.S. 31-5-233(m);".
Renumber as necessary.
KINNISON, CATHCART, DECARIA, BARTON, MOCKLER
ROLL CALL
Ayes: Senator(s) Barton, Case, Cathcart, Coe, Decaria, Devin,
Goodenough, Harris, Hinchey, Kinnison, Kunz, Meier, Mockler, Peck, Schiffer and
Youngbauer.
Nays: Senator(s) Anderson, J., Boggs, Erb, Geis, Hanes, Hawks, Job,
Larson, Massie, Miller, C., Roberts, Scott, Sessions and Vasey.
Ayes
16 Nays 14 Excused 0 Absent 0
Conflicts 0
03/07/2002 S
Passed 2nd Reading
03/08/2002 Amendment
Adopted
HB0058S3001/A
Page
7-before line 19 In the Kinnison, et al.
Second Reading Amendment (HB0058S2004/A), in W.S. 31-5-233(m), before "than
ten one-hundredths of one percent (.10%)" delete "not more"
insert "less"; before "bodily injury" delete
"serious"; after "31-5-1205(k)" insert ",
31-6-102(e)". KINNISON, MASSIE
HB0058S3002/A
Page 1-line 4 After "liquor" delete
balance of line and insert ";".
Page 1-line 5 Delete.
Page
1-line 6 Delete "liquor;";
delete "presumptions" insert "presumption"; after
"accordingly;" delete "amending".
Page 1-line 7 Delete "obsolete
reference;".
Page
1-line 12 After "(iii)"
delete "," insert "and"; after "31-6-103(b)"
delete "and".
Page 1-line 13 Delete line through "and
(e)".
Page 5-lines 12 through 23 Delete.
Page 6-lines 1 through 24 Delete.
Page 7-lines 1 through 17 Delete.
HINCHEY, COE
ROLL CALL
Ayes: Senator(s) Anderson, J., Barton, Case, Cathcart, Coe, Devin, Geis,
Goodenough, Hawks, Hinchey, Kinnison, Kunz, Larson, Massie, Meier, Miller, C.,
Mockler, Peck, Schiffer, Vasey and Youngbauer.
Nays: Senator(s) Boggs, Decaria, Erb, Hanes, Harris, Job, Roberts,
Scott and Sessions.
Ayes
21 Nays 9 Excused 0 Absent 0
Conflicts 0
HB0058S3003/A
Delete
the Kinnison, et al. Second Reading Amendment (HB0058S2004/A) and the Kinnison,
Massie Third Reading Amendment (HB0058S3001/A) entirely. MASSIE
ROLL CALL
Ayes: Senator(s) Anderson, J., Boggs, Erb, Geis, Hanes, Job, Kunz,
Massie, Miller, C., Mockler, Peck, Roberts, Scott, Sessions, Vasey and
Youngbauer.
Nays: Senator(s) Barton, Case, Cathcart, Coe, Decaria, Devin,
Goodenough, Harris, Hawks, Hinchey, Kinnison, Larson, Meier and Schiffer.
Ayes
16 Nays 14 Excused 0 Absent 0
Conflicts 0
03/08/2002 S
Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Boggs, Coe, Decaria, Devin, Erb, Geis,
Hanes, Hawks, Job, Kinnison, Kunz, Larson, Massie, Miller, C., Mockler, Peck,
Roberts, Schiffer, Scott, Sessions, Vasey and Youngbauer.
Nays: Senator(s) Barton, Case, Cathcart, Goodenough, Harris, Hinchey
and Meier.
Ayes 23
Nays 7 Excused 0 Absent 0 Conflicts 0
03/08/2002 H
Received for Concurrence
03/08/2002 H
Did Concur
ROLL CALL
Ayes: Representative(s) Anderson, R., Baker, Boswell, Burns, Childers,
Cohee, Edwards, Eyre, Gay, Hageman, Hessenthaler, Hines, Iekel, Illoway,
Johnson, L., Johnson, W., Jones, Landon, Law, Lockhart, Luthi, McGraw, McOmie,
Meuli, Meyer, Miller, D., Morgan, Nagel, Nelson, Nicholas, Osborn, Paseneaux,
Petersen, Reese, Robinson, Rose, Sadler, Shivler, Simpson, Slater, Tempest,
Thompson, Tipton, Tomassi and Warren.
Nays: Representative(s) Deegan, Esquibel, Huckfeldt, McMurtrey, Parady,
Philp, Ross, Simons, Wasserburger, Watt, Willford and Wostenberg.
Excused: Representative(s) Diercks, Samuelson and Stafford.
Ayes 45
Nays 12 Excused 3 Absent 0 Conflicts 0
03/08/2002 Assigned
Number HEA No. 0030
03/09/2002 H
Speaker Signed HEA No. 0030
03/09/2002 S
President Signed HEA No. 0030
03/11/2002 Governor
Signed HEA No. 0030
Chapter No. 0061
Session Laws of Wyoming 2002.