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CS/CS/HB 197: Refusal to Submit to Breath, Urine, or Blood Test

GENERAL BILL by Judiciary Committee ; Criminal Justice Subcommittee ; Koster ; (CO-INTRODUCERS) Barnaby ; Basabe ; Botana ; López, J. ; Snyder

Refusal to Submit to Breath, Urine, or Blood Test; Requires person arrested for DUI who refuses to submit to lawful test of his or her breath to be subject to mandatory placement of ignition interlock device at his or her own expense for specified period; requires certain information to be contained in notice of suspension; decreases period during which person whose driver license is suspended for failure to submit to breath, urine, or blood test is not eligible to receive license for business or employment purposes only; waives requirement for ignition interlock device under certain circumstances; directs DHSMV to require placement of ignition interlock device before issuing permanent or restricted driver license to person who refused to submit to lawful test of his or her breath.

Effective Date: 10/1/2023
Last Action: 5/5/2023 Senate - Died in Rules
Bill Text: PDF
Senate Committee References:
  1. Rules (RC)

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  • Bill History

    Date Chamber Action
    1/12/2023 House • Filed
    1/25/2023 House • Referred to Criminal Justice Subcommittee
    • Referred to Infrastructure & Tourism Appropriations Subcommittee
    • Referred to Judiciary Committee
    • Now in Criminal Justice Subcommittee
    3/3/2023 House • Added to Criminal Justice Subcommittee agenda
    3/7/2023 House • Favorable with CS by Criminal Justice Subcommittee
    • 1st Reading (Original Filed Version)
    3/8/2023 House • Reported out of Criminal Justice Subcommittee
    3/9/2023 House • Laid on Table under Rule 7.18(a)
    • CS Filed
    • 1st Reading (Committee Substitute 1)
    3/10/2023 House • Referred to Infrastructure & Tourism Appropriations Subcommittee
    • Referred to Judiciary Committee
    • Now in Infrastructure & Tourism Appropriations Subcommittee
    3/17/2023 House • Added to Infrastructure & Tourism Appropriations Subcommittee agenda
    3/21/2023 House • Favorable by Infrastructure & Tourism Appropriations Subcommittee
    • Reported out of Infrastructure & Tourism Appropriations Subcommittee
    • Now in Judiciary Committee
    4/17/2023 House • PCS added to Judiciary Committee agenda
    4/19/2023 House • Favorable with CS by Judiciary Committee
    4/20/2023 House • Reported out of Judiciary Committee
    • Laid on Table under Rule 7.18(a)
    • CS Filed
    • 1st Reading (Committee Substitute 2)
    4/21/2023 House • Bill referred to House Calendar
    • Added to Second Reading Calendar
    4/24/2023 House • Bill added to Special Order Calendar (4/27/2023)
    4/27/2023 House • Read 2nd time
    • Added to Third Reading Calendar
    • Read 3rd time
    • CS passed; YEAS 99, NAYS 15
    4/27/2023 Senate • In Messages
    • Referred to Rules
    • Received
    5/5/2023 Senate • Died in Rules

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  • CS/CS/HB 197, Committee Substitute 2 (Current Bill Version) Posted 4/20/2023 at 3:09 PM

    Bill Text:   PDF
    Analyses:   None

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 296 (c2) Lawful Breath Test for Alcohol DiCeglie Compare Last Action: 5/5/2023 S Died in Rules

    Floor Votes (1)

    Date Chamber Result
    4/27/2023 12:41 PM House 99 Yeas - 15 Nays

    Citations - Statutes (5)

    Citation Catchline Location in Bill Location In Bill Help
    316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal. Page 2 (pdf)
    316.1939 Refusal to submit to testing; penalties. Page 9 (pdf)
    322.2615 Suspension of license; right to review. Page 12 (pdf)
    322.2616 Suspension of license; persons under 21 years of age; right to review. Page 15 (pdf)
    322.2715 Ignition interlock device. Page 18 (pdf)

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  • CS/HB 197, Committee Substitute 1 Posted 3/9/2023 at 8:50 AM

    Bill Text:   PDF
    Analyses:   Infrastructure & Tourism Appropriations Subcommittee (Post-Meeting) 3/21/2023 (pdf)
    Judiciary Committee (Post-Meeting) 4/20/2023 (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 296 (c2) Lawful Breath Test for Alcohol DiCeglie Similar Last Action: 5/5/2023 S Died in Rules

    Citations - Statutes (4)

    Citation Catchline Location in Bill Location In Bill Help
    316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal. Page 2 (pdf)
    316.1939 Refusal to submit to testing; penalties. Page 9 (pdf)
    322.2615 Suspension of license; right to review. Page 12 (pdf)
    322.2715 Ignition interlock device. Page 12 (pdf)

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  • HB 197, Original Filed Version Posted 1/12/2023 at 2:01 PM

    Bill Text:   PDF
    Analyses:   Criminal Justice Subcommittee (Post-Meeting) 3/8/2023 (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 296 (c1) Lawful Breath Test for Alcohol DiCeglie Compare Last Action: 5/5/2023 S Died in Rules

    Committee Amendments (1)

    Amendment Sponsor Filed Last Committee Action Format
    381585 - Strike All Amendment
    Remove everything after the enacting clause and insert:
    Koster 3/6/2023
    5:57 PM
    Adopted
    3/7/2023
    PDF

    Citations - Statutes (2)

    Citation Catchline Location in Bill Location In Bill Help
    316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal. Page 1 (pdf)
    316.1939 Refusal to submit to testing; penalties. Page 8 (pdf)

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