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MS HB743

Bill

Status

Failed

2/23/2016

Primary Sponsor

Kevin Horan

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • Brings forward Sections 63-11-30 and 63-11-31 of the Mississippi Code of 1972 relating to driving under the influence (DUI) and implied consent laws for amendment purposes.

  • Establishes DUI penalties including fines ($250-$1,000 for first offense, $600-$1,500 for second offense, $2,000-$5,000 for third offense as felony) and jail time ranging from 48 hours to 5 years depending on offense number.

  • Requires installation and use of ignition-interlock devices on vehicles for offenders, with costs borne by the offender unless determined indigent; creates Interlock Device Fund with $50 assessment per conviction and $250 assessment per nonadjudication.

  • Mandates driver's license suspension periods ranging from 90 days for first offense to indefinite suspension for underage offenders with third violation, with option to obtain interlock-restricted license.

  • Creates separate offense of child endangerment DUI when operating vehicle with passenger under age 16, with enhanced penalties up to $10,000 fine and 25 years imprisonment if serious injury or death results.

  • Allows first-time DUI offenders to petition for record expunction five years after completing sentence if blood alcohol concentration was below .16% and conditions are met.

  • Establishes nonadjudication option for first offense DUI requiring completion of alcohol safety program, interlock device installation or 120-day license suspension, and payment of fines and fees.

  • Takes effect July 1, 2016.

Legislative Description

Implied Consent Law; bring forward certain portion of.

Last Action

Died In Committee

2/23/2016

Committee Referrals

Drug Policy2/8/2016

Full Bill Text

No bill text available