6047‑S AMH APPE PERR 05

SSB 6047 ‑ H AMDS TO STRIKING AMENDMENT (H-4397.3)1278 ADPTD 3394

By Representative Appelwick

     On page 8, after line 2, insert the following:

     "(6) (a)In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years.  The court shall impose conditions of probation that include (i) not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future, (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving, and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor.  The court may impose conditions of probation that include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate.  The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.

     (b) For each violation of mandatory conditions of probation under (a) (i) and (ii) or (a) (i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.

     (c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection of this section, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days.  The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial, imposed under this subsection."

     On page 9, after line 24, insert the following:

     "(5) (a)In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years.  The court shall impose conditions of probation that include (i) not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future, (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving, and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor.  The court may impose conditions of probation that include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate.  The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.

     (b) For each violation of mandatory conditions of probation under (a) (i) and (ii) or (a) (i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.

     (c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection of this section, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days.  The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial, imposed under this subsection."

     On page 10, after line 20, insert the following:

     "(4) (a)In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years.  The court shall impose conditions of probation that include (i) not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future, (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving, and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor.  The court may impose conditions of probation that include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate.  The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.

     (b) For each violation of mandatory conditions of probation under (a) (i) and (ii) or (a) (i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.

     (c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection of this section, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days.  The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial, imposed under this subsection."

EFFECT:  Requires imposition of certain conditions of probation for any criminal conviction for DUI.  Mandatory conditions include: not driving without a license or insurance; not driving with a BAC of more than 0.08; not refusing a BAC test. A violation of any one of these conditions carries a 30 day license suspension.  A violation that includes driving without a license or insurance and either refusing a BAC or having a BAC of 0.08 or more, results in a mandatory 30 days in jail.