The legislative session for 2009 has come to an end. Fortunately, the legislature did not devote much of its attention to the area of DUIs and criminal law. Some of the highlights are:
- People arrested on or after September 30, 2010 for a felony will be required to submit to DNA testing. (SB 09-241). This bill has been sent to the Governor for his signature.
- In another bill, if someone fails to appear at DMV for a suspension hearing, the suspension will go into affect immediately. The 20 day grace period that had been in effect has been eliminated. (HB 09-1234). This bill was signed by the Governor on April 3, 2009.
- Perhaps of greatest significance to our clients is HB 09-1266. This bill will do away with driver's license revocations for those who are convicted of criminal mischief involving damage to a motor vehicle or defacing property; certain drug offenses and minors convicted of marijuana possession. It also changes the drivers license penalties for underage drinking or minor in possession of alcohol (MIP). Under this law, DMV can revoke a driver's license for someone convicted of MIP who fails to complete a court ordered alcohol evaluation or treatment. A second MIP conviction will also cause a revocation. DMV will revoke the license for 3 months after a first conviction and failure to complete the evaluation or treatment. A 6 month revocation will take place for a second conviction. This bill has been sent to the Governor for signature.
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HB1194 which will change the length for first time express consent revocations from 3 months to 9 months and require installation of an interlock device for early reinstatement has passed the General Assembly and is on the Governor's desk for his signature. If signed by the Governor, these changes will go into effect for cases filed on or after January 1, 2009.
SB140 which would allow a police officer to request a person involved in an accident resulting in death or serious bodily injury to submit to a blood or breath test was postponed indefinitely by the House Judciciary Committee.
SB76 which is awaiting the Governor's signature will allow the court to impose conditions on people appearing on a summons on a DUI case including an evaluation and treatment.
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