HB2270112th GA (Historical)Introduced

Amends TCA Title 39; Title 55, Chapter 10, Part 4 and Title 69, Chapter 9, Part 2.

Present law states that if a person is convicted of a violation for the offense of driving under the influence of an intoxicant in this state then, for purposes of determining if the person is a multiple offender, the state may use a conviction for an offense committed in another state or a prior conviction in this state that would constitute the offense of driving under the influence, vehicular assault, aggravated vehicular assault, vehicular homicide as a result of the driver's intoxication, or aggravated vehicular homicide, if committed in this state; this bill adds an offense that would be considered boating under the influence to this list.<br /> <br /> Similarly, for purposes of determining if a person convicted of DUI is a multiple offender, a prior conviction for vehicular assault, aggravated vehicular assault, vehicular homicide as a result of the driver's intoxication, or aggravated vehicular homicide must be treated the same as a prior conviction for driving under the influence of an intoxicant; provided, the person was convicted of the prior offense at any time before committing the present DUI, regardless of whether the prior offense occurred within 10 years of the date of the present violation.<br /> <br /> This bill adds that for purposes of determining if a person convicted of DUI is a repeat or multiple offender, a prior conviction for boating under the influence must be treated the same as a prior conviction for driving under the influence of an intoxicant if the person was convicted of the prior offense within 10 years of the date of the present violation.<br /> <br /> This bill makes similar changes as those described above in the boating under the influence provisions.<br /> <br /> Under present law, a court is required to prohibit a person who violates the offense of driving under the influence from driving a vehicle for a period of time. This bill requires a person who was prohibited from driving a vehicle for a period of time under this provision to provide the department of safety with a report from an accredited laboratory demonstrating negative screening results for the substance that was the basis of the person's conviction of driving under the influence upon seeking reinstatement of driving privileges.<br /> <br /> ON MARCH 28, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2270, AS AMENDED.<br /> <br /> AMENDMENT #1 removes the provision of this bill that would have required a person who was prohibited from driving a vehicle for a period of time to provide the department of safety with a report from an accredited laboratory demonstrating negative screening results for the substance that was the basis of the person's conviction of driving under the influence upon seeking reinstatement of driving privileges.<br />

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Overview

Present law states that if a person is convicted of a violation for the offense of driving under the influence of an intoxicant in this state then, for purposes of determining if the person is a multiple offender, the state may use a conviction for an offense committed in another state or a prior conviction in this state that would constitute the offense of driving under the influence, vehicular assault, aggravated vehicular assault, vehicular homicide as a result of the driver's intoxication, or aggravated vehicular homicide, if committed in this state; this bill adds an offense that would be considered boating under the influence to this list.<br /> <br /> Similarly, for purposes of determining if a person convicted of DUI is a multiple offender, a prior conviction for vehicular assault, aggravated vehicular assault, vehicular homicide as a result of the driver's intoxication, or aggravated vehicular homicide must be treated the same as a prior conviction for driving under the influence of an intoxicant; provided, the person was convicted of the prior offense at any time before committing the present DUI, regardless of whether the prior offense occurred within 10 years of the date of the present violation.<br /> <br /> This bill adds that for purposes of determining if a person convicted of DUI is a repeat or multiple offender, a prior conviction for boating under the influence must be treated the same as a prior conviction for driving under the influence of an intoxicant if the person was convicted of the prior offense within 10 years of the date of the present violation.<br /> <br /> This bill makes similar changes as those described above in the boating under the influence provisions.<br /> <br /> Under present law, a court is required to prohibit a person who violates the offense of driving under the influence from driving a vehicle for a period of time. This bill requires a person who was prohibited from driving a vehicle for a period of time under this provision to provide the department of safety with a report from an accredited laboratory demonstrating negative screening results for the substance that was the basis of the person's conviction of driving under the influence upon seeking reinstatement of driving privileges.<br /> <br /> ON MARCH 28, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2270, AS AMENDED.<br /> <br /> AMENDMENT #1 removes the provision of this bill that would have required a person who was prohibited from driving a vehicle for a period of time to provide the department of safety with a report from an accredited laboratory demonstrating negative screening results for the substance that was the basis of the person's conviction of driving under the influence upon seeking reinstatement of driving privileges.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 31, 2022

Subjects
121048231473

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