|
H.B. No. 0029 |
DUI-elimination of right to refuse test. |
Sponsored By: Representative(s) Gingery
and Barbuto and Senator(s) Johnson
AN ACT relating to driving
under the influence; eliminating the driver's right to refuse to undergo a test
to determine the alcohol or controlled substance concentration in his body as
specified; providing for issuance of a remotely communicated search warrant;
conforming provisions; restricting use of test results as specified; repealing
conflicting provisions; and providing for an effective date.
12/14/2010 Bill
Number Assigned
1/11/2011 H
Received for Introduction
1/12/2011 H
Introduced and Referred to H01
1/18/2011 H01
Recommended Amend and Do Pass
ROLL CALL
Ayes:
Representative(s) Barbuto, Brown, Cannady, Krone and Throne
Nays:
Representative(s) Brechtel, Greene, Nicholas, B. and Peasley
Ayes 5 Nays 4 Excused
0 Absent 0 Conflicts 0
1/18/2011 H
Placed on General File
1/18/2011 H
Rereferred to H02
1/19/2011 H
Rereferred to General File
HB0029HS001/ADOPTED
Page 14-line 12 Delete ", 31‑7‑305(a)(v)"; after "31‑7‑307(c)(i)"
delete ",".
Page 14-line 13 Delete the line through "(m)". BROWN, CHAIRMAN
1/24/2011 H Passed CoW
1/25/2011 H Passed 2nd
1/26/2011 H Passed 3rd
ROLL CALL
Ayes:
Representative(s) Barbuto, Berger, Blake, Blikre, Bonner, Botten, Brown,
Burkhart, Byrd, Campbell, Cannady, Childers, Connolly, Craft, Davison, Eklund,
Freeman, Gingery, Harshman, Illoway, Jaggi, Kasperik, Krone, McKim, McOmie,
Moniz, Patton, Petersen, Petroff, Roscoe, Steward, Stubson, Throne, Vranish and
Wallis
Nays:
Representative(s) Brechtel, Buchanan, Edmonds, Esquibel, K., Gay,
Greear, Greene, Harvey, Hunt, Kroeker, Loucks, Lubnau, Madden, Miller, Nicholas,
B., Peasley, Pederson, Quarberg, Semlek, Shepperson, Teeters, Zwonitzer, Dn.
and Zwonitzer, Dv.
Excused:
Representative(s) Goggles and Lockhart
Ayes 35 Nays 23 Excused
2 Absent 0 Conflicts 0
1/28/2011 S
Received for Introduction
1/31/2011 S
Introduced and Referred to S01
2/7/2011 S01
Recommended Do Pass
ROLL CALL
Ayes: Senator(s)
Christensen, Esquibel, F., Hicks and Perkins
Nays: Senator(s)
Burns
Ayes 4 Nays 1 Excused
0 Absent 0 Conflicts 0
2/7/2011 S
Placed on General File
HB0029SW001/ADOPTED
(TO ENGROSSED COPY)
Page 1-line 4 After "specified;" insert "providing
for issuance of a remotely communicated search warrant;".
Page 1-line 11 After "(c)," insert "(d)(intro),".
Page 1-line 13 After "(e)"
insert ", (f)".
Page 3-After line 18 Insert:
"(d) If
a person under arrest refuses upon the request of a peace officer to submit to
a chemical test designated by the agency employing the peace officer as
provided in subsection (a) of this section, none shall be given except in cases
where serious bodily injury or death has resulted or,
if exigent circumstances do not exist, upon issuance of a search warrant.
The peace officer shall submit his signed statement
to the department. The statement submitted by the officer shall contain:
A test of the agency's choice may be administered
upon issuance of a warrant, including a remotely communicated search warrant,
when reasonable under the circumstances and as provided in this
subsection. A remotely communicated
search warrant may be issued upon sworn or affirmed testimony of the peace
officer who is not in the physical presence of a judicial officer, provided the
judicial officer is satisfied that probable cause exists for the issuance of
the warrant. All communication between
the judicial officer and the peace officer or prosecuting attorney requesting
the warrant may be remotely transmitted by voice, image, text or any
combination thereof, or by other means.
The testimony and content of the warrant shall be recorded by writing or
mechanical, magnetic, electronic, photographic storage or by other means. Upon approval, the judicial officer may
direct a peace officer or the prosecuting attorney requesting a warrant from a
remote location to sign the judicial officer's name on a warrant at a remote
location. A remotely communicated search
warrant shall be valid only for purposes specified in this subsection.".
Page 9-line 3 After "section." insert "A chemical test designated by the agency employing the peace
officer may also be administered to a person who refuses to take a test upon
issuance of a search warrant, including a remotely communicated search warrant,
as provided in W.S. 31‑6‑102(d). A
remotely communicated search warrant shall be valid only for purposes specified
in this subsection.".
Page 12-line 16 After "section." insert "A chemical test designated by the agency employing the peace
officer may also be administered to a person who refuses to take a test upon
issuance of a search warrant, including a remotely communicated search warrant,
as provided in W.S. 31‑6‑102(d). A
remotely communicated search warrant shall be valid only for purposes specified
in this subsection.".
Page 12-After line 16 Insert:
(f) If the person refuses testing
or submits to is administered a test which discloses an alcohol concentration
of four one-hundredths of one percent (0.04%) or more by weight of alcohol in
the person's blood the peace officer shall submit a signed statement to the
department. The statement submitted by the officer shall contain:
Page 14-line 10 After "(d)"
insert "(i) and (ii)". JOHNSON
HB0029SW002/ADOPTED (TO ENGROSSED
COPY)
Page 3-after line 18 In the Johnson Committee of the Whole
Amendment to this line (HB0029SW001/AE) in subsection (d) delete ", if exigent circumstances do not exist,". PERKINS
2/23/2011 S Passed CoW
2/24/2011 S Passed 2nd
HB0029S3001/ADOPTED (TO ENGROSSED
COPY)
Page 3-after
line 18 In the Johnson Committee of the
Whole Amendment (HB0029SW001/AE) to this line, in subsection (d), after "combination thereof, or by other means"
insert "and shall be recorded". BURNS
HB0029S3002/ADOPTED (CORRECTED
COPY) (TO ENGROSSED COPY)
Page 1-line 4 After "provisions;" insert "restricting
use of test results as specified;".
Page 1-line 12 Before "(b)(ii)"
insert "(a) by creating a new paragraph (iii),".
Page 8-after line 3 Insert:
"(a) If arrested for an offense as defined
by W.S. 31‑5‑234:
(iii) The
test or tests results shall only be used for the purposes of determining the
chemical concentration as provided by this section and shall not be used for
any other purpose.". BURNS
HB0029S3003/FAILED (TO ENGROSSED
COPY)
Page 3-after line 18 In the Johnson Committee of the Whole
Amendment (HB0029SW001/AE) to this line, in subsection (d), after "specified in this subsection." insert "As a condition of the warrant being requested, an officer
shall record through video and audio means all circumstances which led to the
probable cause necessitating the motorist to be stopped including the specific
traffic violation and shall also record by video and audio means any contact
and field sobriety tests administered by the officer prior to the request of
the search warrant. All information
shall be available to
the judge to aid in determination of the necessity of a search
warrant.". MEIER
HB0029S3004/FAILED (TO ENGROSSED
COPY)
Delete
the Johnson Committee of the Whole Amendment (HB0029SW001/AE), the Perkins
Committee of the Whole Amendment (HB0029SW002/AE), the Burns Third Reading
Amendment (HB0029S3001/AE), the Burns Third Reading Amendment (HB0029S3002/AE) and
the Meier Third Reading Amendment (HB0029S3003/AE) entirely and further amend
as follows:
Page
1-line 1 Delete "eliminating"
insert "increasing penalties for a driver's refusal to submit to chemical
testing as specified;".
Page
1-lines 2 through 4 Delete.
Page
1-line 5 Delete "conflicting
provisions;".
Page
1-line 10 After "W.S."
delete balance of line and insert "31‑6‑107(a)(i),
(ii)(intro) and by creating a new paragraph (iv) is amended to read:
Page
1-lines 11 through 14 Delete.
Page
1-after line 14 Insert:
"31‑6‑107. Penalty for refusal to submit to chemical testing.
(a) Upon receipt of the statement
provided for under W.S. 31‑6‑102(d), the
department, subject to review as provided in this act, shall suspend the person's
(i) Except as otherwise provided in paragraph (ii) of this
subsection, the period of suspension shall be six
(6) months one (1) year;
(ii) The period of suspension shall be one (1) year and six (6) months two (2) years, if:
(iv) The period of suspension
shall be four (4) years, eight (8) years, sixteen (16) years and thirty-two
(32) years respectively for a third, fourth, fifth or sixth or subsequent
refusal to submit to chemical testing.".
Pages 2 through 13 Delete.
Page 14-lines 1 through 12 Delete and renumber.
Page 14-line 14 Delete
"3" insert "2". MEIER
ROLL CALL
Ayes:
Senator(s) Bebout, Burns, Case, Driskill, Geis, Hicks, Landen, Meier,
Nutting and Rothfuss
Nays:
Senator(s) Anderson, Barnard, Christensen, Coe, Cooper, Dockstader,
Emerich, Esquibel, F., Hastert, Hines,
Ayes 10
Nays 20 Excused
0 Absent 0 Conflicts 0
2/25/2011 S
Laid Back Pursuant to SR 10-4(a)
HB0029S3005/ADOPTED
(TO ENGROSSED COPY)
Page 1-line 10 After "(C)"
insert "and by creating a new paragraph (iii)".
Page 3-after line 11 Insert and renumber:
"(iii) The
results from the test or tests under this act shall only be used for the
purposes of determining the chemical concentration as provided by this section
and shall not be used for any other purpose.". BURNS
HB0029S3006/FAILED (TO ENGROSSED
COPY)
Page 1-line 4 After "provisions;" insert "amending
penalty provisions;".
Page 1-line 10 After "W.S." insert "31‑5‑233(e),".
Page 1-after line
14 Insert and renumber:
"31‑5‑233. Driving or having control of vehicle while under
influence of intoxicating liquor or controlled substances; penalties.
(e) Except as otherwise provided, a
person convicted of violating this section shall be ordered to or shall receive
a substance abuse assessment conducted by a substance abuse provider certified
by the department of health pursuant to W.S. 9‑2‑2701(c) at or before
sentencing. The cost of the substance
abuse assessment shall be assessed to and paid by the offender. Except as otherwise provided in this
subsection or subsection (h) or (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. Alternatively, for a
first offense, the court may impose a one (1) year suspension of the person's
driver's license in addition to any suspension imposed under subsection (f) of
this section, and shall not be considered part of the records as a conviction
of this section for purposes other than implementation of provisions of this
act for purposes of second or subsequent offenses, and shall not be part of a
record which is accessible by anyone other than Wyoming courts or law
enforcement. On a second
offense resulting in a conviction within ten (10) 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, he shall be ordered to or shall receive a
substance abuse assessment conducted by a substance abuse provider certified by
the department of health pursuant to W.S. 9‑2‑2701(c) before
sentencing 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 offense resulting
in a conviction within ten (10) 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, shall receive a substance abuse assessment pursuant to
W.S. 7‑13‑1302 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 except that the court shall consider the substance abuse
assessment and 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 violation shall be mandatory, but the court,
having considered the substance abuse assessment and the availability of public
and private resources, 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 not exceed
three (3) years for up to and including a third conviction. On a fourth offense
resulting in a conviction or subsequent conviction within ten (10) years for a
violation of this section or other law prohibiting driving while under the
influence, he shall be guilty of a felony and fined not more than ten thousand
dollars ($10,000.00), punished by imprisonment for not more than two (2) years,
or both.". MEIER
2/28/2011 S Passed 3rd
ROLL CALL
Ayes: Senator(s)
Anderson, Barnard, Christensen, Coe, Cooper, Dockstader, Driskill, Esquibel,
F., Hastert, Hicks, Hines,
Nays: Senator(s)
Bebout, Burns, Case, Emerich, Geis, Landen, Meier, Nicholas, P., Rothfuss and
Schiffer
Ayes 20 Nays 10 Excused
0 Absent 0 Conflicts 0
3/1/2011 H
Received for Concurrence
3/1/2011 H
Did Concur
ROLL CALL
Ayes:
Representative(s) Barbuto, Berger, Blake, Blikre, Bonner, Botten, Brown,
Burkhart, Byrd, Campbell, Cannady, Childers, Connolly, Craft, Davison, Eklund,
Freeman, Gay, Gingery, Greene, Harshman, Harvey, Illoway, Jaggi, Kasperik,
Kroeker, Krone, Lockhart, Madden, McKim, Moniz, Petersen, Petroff, Roscoe,
Steward, Stubson, Teeters, Throne, Vranish and Zwonitzer, Dv.
Nays:
Representative(s) Brechtel, Buchanan,
Excused:
Representative(s) Pederson
Absent:
Representative(s) Nicholas, B.
Ayes 40 Nays 18 Excused
1 Absent 1 Conflicts
0
3/1/2011 Assigned
Number HEA No. 0093
3/2/2011 H
Speaker Signed HEA No. 0093
3/3/2011 S
President Signed HEA No. 0093
3/3/2011 Governor
Signed HEA No. 0093
3/3/2011 Assigned
Chapter Number
Chapter No. 0178 Session Laws of
Wyoming 2011