Provides relative to the sentencing guidelines for first and subsequent offense DWI. (gov sig) (EG INCREASE GF EX See Note)
Impact
The legislation aims to enhance public safety by discouraging impaired driving through strict penalties, which may lead to a reduction in drunk driving incidents. By instituting mandatory health evaluations and treatment for offenders, it seeks not only to punish but also to address underlying substance use disorders. The financial burden of these evaluations and treatments will fall on the offenders, unless they are deemed indigent, potentially raising concerns about accessibility to necessary recovery resources.
Summary
Senate Bill 687 provides comprehensive amendments to the existing laws regarding the offenses related to operating a vehicle while intoxicated (DWI). The bill introduces stricter penalties for first and subsequent offenses, including mandatory fines and imprisonment terms that must be served without the possibility of parole or probation under specified conditions. Notably, for first convictions, offenders with a blood alcohol concentration (BAC) over certain thresholds will face higher fines and longer mandatory imprisonment periods.
Sentiment
The sentiment surrounding SB 687 appears to be mixed amongst lawmakers and the public. Proponents argue that the bill is a necessary step to combat the ongoing issue of drunk driving and advocate for stricter penalties to deter habitual offenders. Conversely, there are concerns raised by certain advocates about the harshness of the penalties and the obligation for offenders to pay for evaluations and treatments, which may disproportionately affect lower-income individuals.
Contention
Key points of contention include the mandatory nature of treatment for offenders and the financial implications associated with it. Additionally, discussions highlight concerns regarding the potential overreach of legal penalties, particularly the argument that the bill may not adequately consider the rehabilitative needs of offenders versus punitive measures. The balance between public safety, financial responsibilities, and rehabilitation continues to be a significant area of debate around this legislation.
Reduces criminal penalties for marijuana possession and prohibits application of enhanced sentencing laws to second and subsequent offense marijuana possession. (gov sig) (OR INCREASE LF EX See Note)
Requires the mandatory completion of a court-approved substance abuse program as part of the penalty for operating a vehicle while intoxicated. (8/15/10) (OR SEE FISC NOTE GF EX)
Senate Substitute for HB 2010 by Committee on Judiciary - Updating a statutory cross reference to provide proper jury instruction in cases when a defendant lacks the required mental state to commit a crime; increasing the penalty for certain violations of criminal discharge of a firearm when a person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm; enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms; providing that the service of postrelease supervision period shall not toll except as otherwise provided by law; and allowing certain nondrug offenders to participate in a certified drug abuse treatment program.
Amends penalties for cruelty to juveniles when the offense involves exposure of children to controlled dangerous substances (OR INCREASE GF EX See Note)