|
H.B. No. 0183 |
Driving under the
influence-enhanced penalties. |
Sponsored
By: Representative(s) Hinckley, Berger,
Buchanan, Cohee, Cooper, Harshman, Harvey, Illoway, Morgan, Olsen, Parady, Ross
and Warren
AN
ACT relating to motor vehicles; enhancing the penalties that may be imposed for
subsequent convictions for driving under the influence as specified; and
providing for an effective date.
02/10/2004 Bill Number Assigned
02/11/2004 H Received for Introduction
02/12/2004 H Introduced and Referred to H01
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Baker, Berger, Buchanan, Bucholz, Childers, Cohee, Cooper, Edwards,
Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey, Hastert, Hinckley,
Iekel, Illoway, Jansen, Jones, Jorgensen, Latta, Law, Lockhart, Martin,
McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn,
Parady, Petersen, Powers, Prosser, Reese, Robinson, Ross, Simpson, Slater,
Thompson, Walsh, Warren, Wasserburger and Wostenberg.
Nays: Representative(s) Brechtel, Diercks,
Johnson, L., Johnson, W., Landon, Luthi, Philp and Semlek.
Excused:
Representative(s) Tipton
Ayes
51 Nays 8 Excused 1 Absent
0 Conflicts 0
02/17/2004 H01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Berger,
Buchanan, Olsen, Petersen, Reese and Simpson
Nays: Representative(s) Landon
Ayes
8 Nays 1 Excused 0 Absent
0 Conflicts 0
02/17/2004 H Placed on General File
HB0183HS001/ADOPTED
Page 1-line 3 After ";"
insert "conforming a provision;".
Page 1-line 8 After
"W.S." insert "7-13-1302 and"; delete "is" insert
"are".
Page 1-After line 8 Insert:
"7-13-1302. Substance
abuse assessment required.
All
persons convicted of a third second misdemeanor under W.S. 31-5-233(e) or a
felony shall receive, as a part of a presentence report, a substance abuse
assessment. The cost of the substance abuse assessment shall be assessed to and
paid by the offender. A person who has undergone a substance abuse assessment
pursuant to W.S. 31-5-233(e) may receive a second assessment under this section
if the court finds that enough time has passed to make the first assessment
inaccurate.".
Page 2-line 8 Delete
"thirty (30)" insert "ten (10)".
Page 2-line 12 Delete
"thirty (30)" insert "ten (10)".
Page 3-line 10 Strike "fifteen
(15)" insert "three (3)". SIMPSON, CHAIRMAN
02/19/2004 H Passed CoW
02/20/2004 H Passed 2nd Reading
HB0183H3001/FAILED
Page 1-line 3 After ";"
insert "amending requirements for substance abuse assessments as
specified;".
Page 1-line 8 Delete
"is" insert "and 31-7-128(a)(i) are".
Page 2-line 4 After
"both." insert "Within two (2) weeks
of a first conviction under this section, the offender may undergo a substance
abuse assessment pursuant to W.S. 7-13-1302.
If the substance abuse assessment indicates that the person does not have
a substance abuse dependency, a driver's license suspension under W.S.
31-7-128(a)(i) shall be reduced to not more than forty-five (45) days. If the assessment indicates that the person
has a substance abuse dependency and the person enters and completes a
substance abuse treatment program within thirty (30) days after the results of
the assessment have been considered by the court, the driver's license
suspension under W.S. 31‑7‑128(a)(i) shall end when the person
provides proof of completion of the treatment program to the department of
transportation, if the treatment program is completed before the end of the
license suspension period.".
Page 4-After line 16 Insert:
"31-7-128. Mandatory
suspension of license or nonresident operating privilege for certain
violations; suspension of registration.
(a) The division shall
suspend the license or nonresident operating privilege of any driver upon
receiving a record of the driver's conviction under W.S. 31-5-229, a similar
local ordinance or a similar statute or ordinance in another jurisdiction for:
(i) Subject to W.S. 31-5-233(e), ninety (90) days, for
the first conviction;". LANDON
02/23/2004 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Bagby, Baker,
Berger, Buchanan, Bucholz, Childers, Cohee, Cooper, Edwards, Esquibel, Gentile,
Gilmore, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jansen, Johnson,
W., Jones, Jorgensen, Latta, Law, Lockhart, Martin, McMurtrey, McOmie, Meuli,
Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Powers,
Prosser, Reese, Robinson, Ross, Simpson, Slater, Thompson, Walsh, Warren and
Wasserburger.
Nays: Representative(s) Brechtel, Diercks,
Hageman, Johnson, L., Landon, Luthi, Philp, Semlek and Wostenberg.
Excused:
Representative(s) Anderson, R. and Tipton.
Ayes
49 Nays 9 Excused 2 Absent
0 Conflicts 0
02/24/2004 S Received for Introduction
02/24/2004 S Introduced and Referred to S01
03/05/2004 Died In Committee