Bills › 88th General Assembly
Relating to the impoundment and immobilization of motor vehicles involved in operating-while-intoxicated offenses, and providing penalties
Where it is now
- Done: IntroducedJanuary 22, 2019
- Stopped: SubcommitteeDied when the General Assembly ended
- Next: House committee
- Next: Passes the House
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
4B). An owner of a vehicle impounded or immobilized, who knows of, should have known of, or gives consent to the operation of the vehicle by a person while that person’s driver’s license has been suspended, denied, revoked, or barred due to an OWI offense is guilty of a simple misdemeanor. A simple misdemeanor is punishable by a fine of at least $65 but not to exceed $625 and imprisonment not to exceed 30 days. This bill increases the penalty to a serious misdemeanor. A serious misdemeanor is punishable by a fine of at least $315 but not to exceed $1,875 and imprisonment not to exceed one year.
Read the full explanation
Under current law, the period of impoundment or immobilization is the period of license revocation imposed upon the person convicted of the OWI offense or 180 days, whichever period is longer. The bill increases the period to the period of license revocation imposed upon the person convicted of the OWI offense or one year, whichever period is longer. Under current law, upon conviction of the defendant for a second or subsequent violation of operating a vehicle while that person’s driver’s license has been suspended, denied, revoked, or barred due to an OWI offense, a court is required to order, if the defendant is the owner of the vehicle used in the commission of the offense, that the vehicle be seized and forfeited to the state. The bill provides that the vehicle must also be seized and forfeited to the state upon conviction of the defendant for a first violation of operating a vehicle while that person’s driver’s license has been suspended, denied, revoked, or barred due to a second or subsequent OWI offense.4B.3 (conduct giving rise to forfeiture) for clarity and consistency.