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IN HB1371
Bill
Status
1/16/2018
Primary Sponsor
John Young
Click for details
AI Summary
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Court may stay a person's driving privileges suspension if the person indicates at initial hearing intent to file a petition for specialized driving privileges hearing, and the probable cause affidavit is not submitted to the bureau of motor vehicles.
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Person must file the specialized driving privileges petition within 7 days of the initial hearing, or the court shall lift the stay and submit the affidavit to the bureau for automatic suspension.
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Court must schedule a specialized driving privileges hearing within 30 days of the initial hearing if a petition is timely filed, and the stay continues until the hearing determines the outcome.
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Judge must inform defendants charged with vehicle-related offenses at initial hearing that they may request a specialized driving privileges hearing.
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Suspension stay continues if hearing is delayed due to court congestion, prosecutor's continuance request, or defendant's continuance with prosecutor's consent; but lifting of stay occurs if defendant's continuance motion is granted over prosecutor's objection.
Legislative Description
Specialized driving privileges. Allows a court to stay a person's driving privileges suspension by not submitting the probable cause affidavit related to the person's offense to the bureau of motor vehicles (bureau) if the person indicates to the court, at the initial hearing, that the person intends to file a petition for a specialized driving privileges hearing. Provides that if the person does not file a petition for a specialized driving privileges hearing after seven days from the date of the initial hearing with the court, the court shall lift the stay of the person's suspension of driving privileges and
Last Action
First reading: referred to Committee on Courts and Criminal Code
1/16/2018