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IN HB1455
Bill
Status
1/15/2019
Primary Sponsor
John Young
Click for details
AI Summary
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Establishes a specific THC threshold of 10 nanograms per milliliter of blood for operating while intoxicated charges involving vehicles and motorboats, replacing the previous "any measurable amount" standard
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Removes metabolites of Schedule I and II controlled substances as a basis for OWI charges, requiring only the presence of the controlled substance itself
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Sets a higher THC threshold of 20 nanograms per milliliter for Level 4 felony charges when the offense causes death of another person
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Maintains existing penalty structure: Class C misdemeanor for basic OWI, Level 6 felony for causing serious bodily injury, Level 5 felony for causing death, with enhancements for prior convictions
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Preserves the defense that the accused consumed the controlled substance pursuant to a valid prescription or drug order from a licensed practitioner
Legislative Description
Operating while intoxicated. Provides that a person who operates a vehicle or a motorboat with at least 10 nanograms of delta-9-tetrahydrocannabinol (THC) per milliliter of the person's blood commits the offense of operating while intoxicated. (Current law provides that a person commits the offense of operating while intoxicated if the person has any measurable amount of THC in the person's blood.) Removes the metabolite of a controlled substance listed in schedule I or II as an element from the offense of operating a vehicle while intoxicated. Makes conforming amendments.
Last Action
First reading: referred to Committee on Courts and Criminal Code
1/15/2019