Currently, a person who has had his or her driver's license suspended or revoked because of an assessment of points for an intoxication-related traffic offense conviction and who has a prior alcohol-related enforcement contact must show proof to the Director of Revenue that any motor vehicle driven by the person has a certified ignition interlock device installed, and the ignition interlock device must be installed for at least six months. Under this bill, the requirement applies only to a person who has an intoxication-related traffic offense conviction in which the person's blood alcohol content (BAC) was at least .08 but less than .15 and who has a prior alcohol-related enforcement contact or to a person who has an assessment of points for an intoxication-related traffic offense conviction in which the person's BAC was found to be .15 or more or in which the person caused any property damage or personal injury. The bill also requires a certified ignition interlock device (IID) provider to adopt a discounted fee schedule that provides for the payment of the costs of the IID by offenders with an income at or below 150% of the federal poverty level. A person with such an income who provides income verification will be responsible for 10% of the costs of the IID. Any additional costs accrued by the person for noncompliance are not subject to discounted rates and are the sole responsibility of the person. The provider must verify the person’s income to determine the cost of the IID as provided in the bill.
The bill also prohibits limited or restricted driving privileges to be issued to any person whose driving record shows an intoxication-related traffic offense in which the person's BAC was found to be .15 or more or in which the person caused any property damage or personal injury until the person files proof with the Department of Revenue that any motor vehicle operated by the person is equipped with a functioning, certified ignition interlock device.
The bill also modifies the offense of driving while intoxicated. Currently, the offense is a class E felony if the defendant, while driving intoxicated, acts with criminal negligence, causing physical injury to another person. The bill increases the penalty for this provision to a class D felony. It is currently a class D felony if the defendant, while driving intoxicated, acts with criminal negligence, causing serious physical injury to another person. The bill increases the penalty for this provision to a class C felony. Currently, if the defendant is driving while intoxicated and acts with criminal negligence to cause the death of another person, the defendant is guilty of a class C felony; this bill increases the penalty for that to a class B felony. If the defendant, while driving intoxicated, acts with criminal negligence to cause the death of any person, the defendant will be guilty of a class A felony.
A person found guilty of driving while intoxicated and acting with criminal negligence to cause the death of another person will not be eligible for probation or parole until the person has served at least five years' imprisonment. If the person has been found guilty of acting with criminal negligence, while driving while intoxicated, to cause the death or if the person has previously been found guilty of driving while intoxicated and causing the death of any person, the person will not be eligible for probation or parole until the person has served at least 10 years' imprisonment.
This bill establishes "Bentley and Mason's Law". Under this bill, if a person is convicted of the offense of driving while intoxicated and such offense caused the death of a parent or guardian, and the surviving parent or guardian files a petition to receive child maintenance from the convicted person, such person may be required to pay, pursuant to a court order, child maintenance to the child of the deceased parent or guardian in an amount and duration as specified in the bill.
If the person is ordered to pay child maintenance and is unable to make maintenance because such person is imprisoned or otherwise confined, the person will have up to one year after release from incarceration to begin payment, including any arrearage. If the surviving parent or guardian brings a civil action on behalf of the child or children and obtains a judgment against the convicted person prior to any child maintenance order under this Section, no maintenance will be ordered. If the surviving parent or guardian brings a civil action after maintenance is ordered, the maintenance order must offset the judgment. The maintenance order can be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable.
This bill is similar to HCS HB 87 (2025) and HB 2768 (2024).
Statutes affected: