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MS HB43
Bill
Status
2/2/2010
Primary Sponsor
Jessica Upshaw
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AI Summary
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Creates a new crime of "child endangerment" for persons 21 years or older who drive under the influence of alcohol or drugs (in violation of implied consent law) while carrying a passenger under 21 years old.
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First violation of child endangerment is a misdemeanor punishable by a fine up to $1,000 and/or up to 1 year imprisonment; second or subsequent violations are felonies punishable by a fine up to $5,000 and 1-5 years in the Department of Corrections.
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Requires ignition interlock device use for child endangerment violations and prohibits sentence reductions, plea bargains, or diversion programs; also mandates in-depth diagnostic assessment and alcohol/drug treatment completion if needed.
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Amends Section 63-11-30 to lower the blood alcohol concentration threshold from 0.08% to 0.05% for second or subsequent DUI offenses for persons above legal drinking age.
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Makes hardship driving privilege reductions unavailable to persons convicted under the new child endangerment provision.
Legislative Description
Child endangerment; provide for DUI violations.
Last Action
Died In Committee
2/2/2010