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HB1622

Commercial vehicles; harmonizes penalties for driving under the influence (DUI) and commercial DUI.

Status:
Enacted

Chief Patron:
Chris Collins (R)

Session:
2017 Regular Session

Summary

As Passed House of Origin. Driving commercial vehicle while intoxicated; penalties.

Harmonizes the penalties for driving under the influence (DUI) and commercial DUI. The bill imposes a $250 mandatory minimum fine for a first offense of commercial DUI and mandatory minimum sentences of five days if the person's blood alcohol level was at least 0.15 and 10 days if the person's blood alcohol level was more than 0.20. The bill increases from five to 20 days the mandatory minimum sentence for a second offense committed within five years, adds a 10-day mandatory minimum sentence for a second offense committed within five to 10 years, and imposes a $500 mandatory minimum fine for any second offense committed within a 10-year period. The bill also imposes additional mandatory minimum sentences for a second offense committed within 10 years of 10 days if the person's blood alcohol level was at least 0.15 and 20 days if the person's blood alcohol level was more than 0.20 as well as an additional $500 mandatory minimum fine. The bill raises the penalty for a third offense committed within 10 years from a Class 1 misdemeanor with a mandatory minimum sentence of 10 days, or 30 days if the three offenses were committed within five years, to a Class 6 felony with a mandatory minimum sentence of 90 days, or six months if the three offenses were committed within five years, and a mandatory minimum fine of $1,000. The bill adds a penalty for a fourth or subsequent offense committed within a 10-year period that includes a mandatory minimum sentence of one year and a mandatory minimum fine of $1,000. The bill also provides that a person convicted of commercial DUI after being convicted of certain felony DUI or DUI-related offenses is guilty of a Class 6 felony with a mandatory minimum sentence of one year and a mandatory minimum fine of $1,000. The bill also provides that the punishment for any person convicted of commercial DUI who was transporting a minor at the time of the offense shall include an additional mandatory minimum sentence of five days and an additional fine of at least $500 and no more than $1,000. Finally, the bill provides that the mandatory minimum punishments are cumulative and mandatory minimum sentences must be served consecutively. (Less)
  • Bill History

  • 01/04/2017 - House: Prefiled and ordered printed; offered 01/11/17 17102325D
  • 01/04/2017 - House: Referred to Committee for Courts of Justice
  • 01/13/2017 - House: Assigned Courts sub: Criminal Law
  • 01/13/2017 - House: Impact statement from VCSC (HB1622)
  • 01/23/2017 - House: Subcommittee recommends reporting with substitute (10-Y 0-N)
  • 01/27/2017 - House: Reported from Courts of Justice with substitute (21-Y 0-N)
  • 01/27/2017 - House: Committee substitute printed 17104830D-H1
  • 01/30/2017 - House: Impact statement from DPB (HB1622)
  • 01/30/2017 - House: Impact statement from VCSC (HB1622H1)
  • 01/31/2017 - House: Read first time
  • 02/01/2017 - House: Read second time
  • 02/01/2017 - House: Committee substitute agreed to 17104830D-H1
  • 02/01/2017 - House: Engrossed by House - committee substitute HB1622H1
  • 02/02/2017 - House: Read third time and passed House BLOCK VOTE (95-Y 0-N)
  • 02/02/2017 - House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)
  • 02/03/2017 - Senate: Constitutional reading dispensed
  • 02/03/2017 - Senate: Referred to Committee on Transportation
  • 02/08/2017 - Senate: Rereferred from Transportation (8-Y 0-N)
  • 02/08/2017 - Senate: Rereferred to Courts of Justice
  • 02/10/2017 - House: Impact statement from DPB (HB1622H1)
  • 02/13/2017 - Senate: Reported from Courts of Justice (15-Y 0-N)
  • 02/14/2017 - Senate: Constitutional reading dispensed (40-Y 0-N)
  • 02/15/2017 - Senate: Read third time
  • 02/15/2017 - Senate: Passed Senate (40-Y 0-N)
  • 02/20/2017 - House: Enrolled
  • 02/20/2017 - House: Bill text as passed House and Senate (HB1622ER)
  • 02/20/2017 - House: Impact statement from DPB (HB1622ER)
  • 02/20/2017 - House: Signed by Speaker
  • 02/21/2017 - Senate: Signed by President
  • 02/21/2017 - House: Impact statement from VCSC (HB1622ER)
  • 02/21/2017 - House: Enrolled Bill communicated to Governor on 2/21/17
  • 02/21/2017 - Governor: Governor's Action Deadline Midnight, March 27, 2017
  • 03/03/2017 - Governor: Approved by Governor-Chapter 286 (effective 7/1/17)
  • 03/03/2017 - Governor: Acts of Assembly Chapter text (CHAP0286)