Substitute Senate Bill No. 365 Summary

• Creates new crime of operating a motor vehicle with a child under 18 as a passenger while under the influence or with elevated blood alcohol content, with penalties including fines ($500-$2,000 for first offense), imprisonment (up to 1 year for first offense), mandatory community service (100 hours), and ignition interlock device installation.

• Establishes separate offense for operating school buses, student transportation vehicles, or vehicles designated for carrying children while under the influence, with enhanced penalties including mandatory imprisonment (1-10 years depending on whether children are passengers) and ignition interlock requirements.

• Requires ignition interlock devices on vehicles for varying periods: 1 year following first conviction for child endangerment DUI, 3 years for second offense, and permanent license revocation for third offense (with possible reinstatement requiring continued device use).

• Mandates Department of Children and Families assessment of any ongoing risk to child passengers and requires defendants to comply with any resulting treatment directives or programming as condition of probation.

• Makes convictions under this act count as prior convictions for DUI enhancement purposes under existing law, and applies same evidentiary rules and administrative license suspension procedures as standard DUI offenses.