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CS/CS/SB 296: Lawful Breath Test for Alcohol

GENERAL BILL by Criminal Justice ; Transportation ; DiCeglie ; (CO-INTRODUCERS) Harrell ; Hooper

Lawful Breath Test for Alcohol; Requiring that a person arrested for driving under the influence who refuses to submit to a lawful test of his or her breath be told that he or she is subject to mandatory placement, for a specified period of time and at his or her expense, of an ignition interlock device on vehicles he or she leases or owns and routinely operates; decreasing the timeframe during which a person whose license is suspended for failure to submit to a breath, urine, or blood test is not eligible to receive a license for business or employment purposes only; requiring a driver who refuses to take a lawful test of his or her breath to install an ignition interlock device, upon a reinstatement of certain licenses and for a specified time, on vehicles he or she leases or owns and routinely operates, etc.

Effective Date: 1/1/2024
 Last Action: 5/5/2023 Senate - Died in Rules
Bill Text: Web Page | PDF
Senate Committee References:
  1. Transportation (TR)
  2. Criminal Justice (CJ)
  3. Rules (RC)

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  • Bill History

    Date Chamber Action
    1/19/2023 Senate • Filed
    1/26/2023 Senate • Referred to Transportation; Criminal Justice; Rules
    2/6/2023 Senate • On Committee agenda-- Transportation, 02/14/23, 3:30 pm, 110 Senate Building
    2/14/2023 Senate • CS by Transportation; YEAS 9 NAYS 0
    2/15/2023 Senate • Pending reference review under Rule 4.7(2) - (Committee Substitute)
    2/16/2023 Senate • Now in Criminal Justice
    3/7/2023 Senate • Introduced
    • CS by Transportation read 1st time -SJ 113
    3/30/2023 Senate • On Committee agenda-- Criminal Justice, 04/04/23, 8:30 am, 37 Senate Building
    4/4/2023 Senate • CS/CS by Criminal Justice; YEAS 6 NAYS 0
    4/5/2023 Senate • Pending reference review under Rule 4.7(2) - (Committee Substitute)
    • Now in Rules
    4/11/2023 Senate • CS/CS by Criminal Justice read 1st time
    5/5/2023 Senate • Died in Rules

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  • CS/CS/SB 296, Committee Substitute 2 (Current Bill Version) Posted 4/5/2023 at 12:43 PM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    H 197 (c2) Refusal to Submit to Breath, Urine, or Blood Test Criminal Justice Subcommittee Compare Last Action: 5/5/2023 S Died in Rules Track This Bill

    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 1 (pdf)
    316.1939 Refusal to submit to testing; penalties. Page 7 (pdf)
    322.2615 Suspension of license; right to review. Page 9 (pdf)
    322.2715 Ignition interlock device. Page 10 (pdf)

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  • CS/SB 296, Committee Substitute 1 Posted 2/15/2023 at 11:54 AM

    Bill Text:   Web Page | PDF
    Analyses:   Criminal Justice (Pre-Meeting) 4/3/2023 (pdf)
    Criminal Justice (Post-Meeting) 4/5/2023 (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    H 197 (c1) Refusal to Submit to Breath, Urine, or Blood Test Criminal Justice Subcommittee Similar Last Action: 5/5/2023 S Died in Rules Track This Bill

    Committee Amendments (1)

    Amendment Sponsor Filed Last Committee Action Format
    789360 - Amendment
    Delete line 203 and insert:     		Criminal Justice
    (DiCeglie)     		4/3/2023
    3:36 PM
    (Late Filed)     		Replaced by Committee Substitute
    4/4/2023     		Web Page
    PDF

    Committee Votes (1)

    Date Committee Result
    4/4/2023 8:30 AM Criminal Justice 6 Yeas - 0 Nays

    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 1 (pdf)
    316.1939 Refusal to submit to testing; penalties. Page 7 (pdf)
    322.2615 Suspension of license; right to review. Page 9 (pdf)
    322.2715 Ignition interlock device. Page 10 (pdf)

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  • SB 296, Original Filed Version Posted 1/19/2023 at 1:04 PM

    Bill Text:   Web Page | PDF
    Analyses:   Transportation (Pre-Meeting) 2/13/2023 (pdf)
    Transportation (Post-Meeting) 2/15/2023 (pdf)

    Related Bills (3)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    H 197 Penalties for Refusal to Submit to Breath-alcohol Test Criminal Justice Subcommittee Compare Last Action: 5/5/2023 S Died in Rules Track This Bill
    H 781 Driving Under the Influence Killebrew Compare Last Action: 5/5/2023 H Died in Criminal Justice Subcommittee Track This Bill
    S 432 Driving Under the Influence Wright Compare Last Action: 5/5/2023 S Died in Appropriations Committee on Criminal and Civil Justice Track This Bill

    Committee Amendments (1)

    Amendment Sponsor Filed Last Committee Action Format
    306058 - Amendment
    Delete lines 42 - 252 and insert:     		Transportation
    (DiCeglie)     		2/13/2023
    2:08 PM     		Replaced by Committee Substitute
    2/15/2023     		Web Page
    PDF

    Committee Votes (1)

    Date Committee Result
    2/14/2023 3:30 PM Transportation 9 Yeas - 0 Nays

    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 7 (pdf)

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