Posted: | January 9, 2013 01:07 PM |
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From: | Representative Seth M. Grove |
To: | All House members |
Subject: | Recidivist DUI Offenders (Former HB 256) |
I plan to reintroduce House Bill 256 from the 2011-2012 session to address the category of recidivist DUI offenders. These individuals have had numerous opportunities to comply with drunken driving laws and take advantage of drug and alcohol treatment and rehabilitation programs, but have either failed or refused to do so. They also routinely ignore restrictions placed on their driving privileges and demonstrate a total disregard for the health and safety of others by continuing to get behind the wheel and drive while impaired. Removal of these serious offenders from the road and ending their ability to further endanger the lives of the men, women and children in our communities is the purpose of this proposed legislation. This bill will remove habitual DUI offenders from the highways in two ways. First, it would require a two-year mandatory minimum prison sentence and upgrade offenses in this category to a third degree felony. Second, by taking away the instrument of crime used during the commission of the offense, namely, forfeiture of the vehicle the offender was driving. Vehicle forfeiture, along with incarcerating the habitual offender for a longer period of time, are simple and effective means of denying recidivist intoxicated motorists the privilege of using our public highways. The process and procedures for seizures of vehicles in this legislation mirror those contained in Chapter 68, Controlled Substance Forfeitures, including the safeguards for innocent owners. Previous Cosponsors: D. Costa, Gillespie, Gingrich, Harris, Hornaman, Kauffman, Major, Milne, Moul, Swanger, Murt, Boback and Kavulich |
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View Attachment |
Introduced as HB214