SB1828112th GA (Historical)Introduced

Amends TCA Title 55, Chapter 10 and Title 55, Chapter 50.

This bill authorizes the issuance of citations in lieu of arrest for the offense of driving on a canceled, suspended, or revoked driver license and revises the penalties for a violation of the offense. Generally, under present law: (1) It is a Class B misdemeanor to drive on a canceled, suspended, or revoked driver license. A second or subsequent violation is a Class A misdemeanor. Both Class B and Class A misdemeanors have the potential for the imposition of a fine that is greater than $50.00; and (2) A person who violates a traffic law is issued a citation in lieu of being taken into custody. However, this provision is not applicable to a person who violates a traffic law that is punishable by a fine of more than $50.00 or by imprisonment for more than 30 days. This bill authorizes the issuance of a citation in lieu of arrest for a person who is subject to arrest for a violation of driving on a canceled, suspended or revoked driver license, notwithstanding the fact that the potential fine and term of imprisonment for the offense exceed the present law limits referred to above. Citation in lieu of arrest will not apply if the person's license was suspended, canceled, or revoked due to a conviction for vehicular assault, aggravated vehicular assault, vehicular homicide resulting from intoxication, aggravated vehicular homicide, or DUI. This bill also revises the penalties for driving on a suspended, canceled, or revoked license in certain circumstances. As mentioned above, under present law, it is a Class B misdemeanor to drive on a canceled, suspended, or revoked driver license; and a second or subsequent violation is a Class A misdemeanor. Additionally, present law provides the following: (1) If the license was suspended, canceled, or revoked because of a conviction for vehicular assault, vehicular homicide, or DUI, then the offender must be punished by confinement for not less than two days nor more than six months, and there may be imposed, in addition, a fine of not more $1,000; and (2) If the license was suspended, canceled, or revoked because of a second or subsequent conviction for vehicular assault, vehicular homicide, or DUI, then the offender must be punished by confinement for not less than 45 days nor more than one year, and, in addition, may be subject to a fine of not more than $3,000. This bill extends the punishment provisions described above in (1) and (2) to make the enhanced punishment also applicable when the license was suspended, canceled, or revoked because of a conviction for aggravated vehicular assault and aggravated vehicular homicide and clarifies that the provisions apply to vehicular homicides that were the result of the driver's intoxication.

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Overview

This bill authorizes the issuance of citations in lieu of arrest for the offense of driving on a canceled, suspended, or revoked driver license and revises the penalties for a violation of the offense. Generally, under present law: (1) It is a Class B misdemeanor to drive on a canceled, suspended, or revoked driver license. A second or subsequent violation is a Class A misdemeanor. Both Class B and Class A misdemeanors have the potential for the imposition of a fine that is greater than $50.00; and (2) A person who violates a traffic law is issued a citation in lieu of being taken into custody. However, this provision is not applicable to a person who violates a traffic law that is punishable by a fine of more than $50.00 or by imprisonment for more than 30 days. This bill authorizes the issuance of a citation in lieu of arrest for a person who is subject to arrest for a violation of driving on a canceled, suspended or revoked driver license, notwithstanding the fact that the potential fine and term of imprisonment for the offense exceed the present law limits referred to above. Citation in lieu of arrest will not apply if the person's license was suspended, canceled, or revoked due to a conviction for vehicular assault, aggravated vehicular assault, vehicular homicide resulting from intoxication, aggravated vehicular homicide, or DUI. This bill also revises the penalties for driving on a suspended, canceled, or revoked license in certain circumstances. As mentioned above, under present law, it is a Class B misdemeanor to drive on a canceled, suspended, or revoked driver license; and a second or subsequent violation is a Class A misdemeanor. Additionally, present law provides the following: (1) If the license was suspended, canceled, or revoked because of a conviction for vehicular assault, vehicular homicide, or DUI, then the offender must be punished by confinement for not less than two days nor more than six months, and there may be imposed, in addition, a fine of not more $1,000; and (2) If the license was suspended, canceled, or revoked because of a second or subsequent conviction for vehicular assault, vehicular homicide, or DUI, then the offender must be punished by confinement for not less than 45 days nor more than one year, and, in addition, may be subject to a fine of not more than $3,000. This bill extends the punishment provisions described above in (1) and (2) to make the enhanced punishment also applicable when the license was suspended, canceled, or revoked because of a conviction for aggravated vehicular assault and aggravated vehicular homicide and clarifies that the provisions apply to vehicular homicides that were the result of the driver's intoxication.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 20, 2022

Subjects
145548751210

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