BILL ANALYSIS AND FISCAL IMPACT REPORT	Page 1 of  1

DATE:  March 7, 2001	Submitted by: TAXATION AND REVENUE DEPT.       
	T. GLENN ELLINGTON, SECRETARY

BILL NUMBER:  HB-457 as amended by the House Judiciary Committee (2/26/2001)
	and by the House Appropriations and Finance Committee (3/2/2001)

SPONSOR:  Representative Martinez for the Courts and Criminal Justice Committee

BILL SHORT TITLE: Penalties and Treatment for DWI Offenders

CONFLICTS, DUPLICATES, COMPANIONS:  HB-381, HB-386, SB-251, SB-305, SB-306, SB-344, SB-447

DESCRIPTION:  This bill revises jail sentences for 4th and subsequent offenses of driving under the influence of intoxicating liquor or drugs.  The current jail sentence for a “fourth or subsequent conviction” is revised from “not less than six months” to be: 

1)	4th conviction – 18 months, 6 months of which shall not be suspended, deferred or taken under advisement;
2)	5th conviction – 24 months, 12 months of which shall not be suspended, deferred or taken under advisement;
3)	6th conviction – 30 months, 18 months of which shall not be suspended, deferred or taken under advisement;
4)	7th conviction – 36 months, 24 months of which shall not be suspended, deferred or taken under advisement.

2nd and 3rd conviction offenders would be required to complete a 30 day inpatient, or a 90 day outpatient, substance abuse treatment program (or drug court program) approved by the court.  4th conviction (felony) offenders would be provided substance abuse counseling and treatment by the Corrections Department.
 
The bill specifically excludes prior felony DWI convictions from being included in “prior felony conviction”.

EFFECTIVE DATE:  July 1, 2001

FISCAL IMPACT:  No fiscal impact.

ADMINISTRATIVE IMPACT:   No administrative impact on the department.

OTHER IMPACTS AND ISSUES:

•	The HJC amendment added “or drug court program” to the substance abuse treatment program requirements for 2nd and 3rd conviction offenders, and redirected the $2.5 million appropriation for DWI treatment programs from the Corrections Department to the Department of Finance and Administration. 

•	The HAFC amendment eliminated the $2.5 million appropriation for providing or contracting substance abuse counseling and treatment services for DWI offenders.