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Effective November 1, 2011 LEGISLATIVE UPDATE ON TRAFFIC-RELATED OFFENSES.

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Presentation on theme: "Effective November 1, 2011 LEGISLATIVE UPDATE ON TRAFFIC-RELATED OFFENSES."— Presentation transcript:

1 Effective November 1, 2011 LEGISLATIVE UPDATE ON TRAFFIC-RELATED OFFENSES

2  HB 1319: Amends 47 O.S. §  Allows for prosecution for Child Endangerment & DUI OR DUI Personal Injury  May prosecute for felony DUI if new offense is COMMITTED within 10 years from the date of the completion of the execution of the prior sentence. DRIVING UNDER THE INFLUENCE

3  Previously:  John Doe received a DUI conviction on 11/1/2000  John commits a second DUI on 8/1/2010. The prosecutor files it as a felony.  If he does not receive a conviction for the second DUI by 11/1/2010, you lose the felony.  Now:  John Doe received a DUI conviction on 11/1/2000  John commits a second DUI on 8/1/2010. The prosecutor files it as a felony.  It now does not matter if he is convicted after 11/1/2010. ENHANCEMENT EXAMPLES:

4  Subsequent offenses do not have to be DUI  May be DUI Personal Injury or Child Endangerment  Punishment for DUI AFC Murder II, Man. I  5-20 yrs. + $0-10K  Deferred on prior DUI/DUI Personal Injury/Child Endangerment may be used to enhance new offense  Specifically allows officers to testify on HGN & DRE DUI CHANGES CONTINUED

5  HB 1520: Amends 47 O.S. §  Case may be dismissed w/o costs if:  Person appears no later than 1 day prior to first court date AND  Insurance was in effect at time of citation FAILURE TO CARRY INSURANCE

6  SB 529: Amends 47 O.S. §  DL must bear the words “Interlock Required” SWEZEY ACT

7  Amends 47 O.S. §  Requires interlock for people who are suspended for DUI + modification SWEZEY ACT CONTINUED

8  Amends 47 O.S. §  Required interlock for people who:  1 st revocation for refusal OR BAC.15+ = 18 months AFTER revo. OR until DL is reinstated (whichever is longer)  2 nd revo. = 4 years AFTER revo. OR until DL is reinstated (whichever is longer)  3 rd + revo. = 5 years AFTER revo. OR until DL is reinstated (whichever is longer) SWEZEY ACT CONTINUED

9  HB 1507: (AKA: Aaron’s Law)  Amends 47 O.S. §  Requires immediate revocation of DL for:  Reckless Driving  Running a Stop Light/Sign Resulting in Great Bodily Injury  Failure to Stop for a School Bus Loading/Unloading Children  Amends 47 O.S. §  Doubles the fine if driver has received a conviction for ANY traffic offense in the last 3 years NEGLIGENT HOMICIDE

10  SB 324: Amends 63 O.S. §  Basically makes the BUI statute mirror the DUI statute.  BUI BAC amended to 0.08  APC BAC is 0.07 or less  Allows for implied consent if BUI/APC if driver is involved in collision w/ death or serious injury  Amends 63 O.S. § 4210  Requires anyone ages YOA operating a boat more than 10 HP or watercraft 16 ft. or greater to complete a boating safety education class. BOATING UNDER THE INFLUENCE

11  HB 1211: (AKA: Cody’s Law)  Amends 37 O.S. § 8.2  Prohibits serving low-point beer to minor invitees  Penalties:  1 st Offense: misdemeanor - $0-500  2 nd Offense: misdemeanor - $  3 rd Offense: felony – 0-5 yrs. &/or $ SOCIAL HOST

12  VPO’s: HB 1358 (stay in FFE during prison)  Illegal Hunting: SB 828 (increased fines)  Gang Recruiters: SB 923 (increased punishment)  Domestic A&B w/Deadly/Dangerous Weapon: SB 952. Amends 21 O.S. § 13.1; 644; 51.1;650; 759; 1105 OTHER ITEMS OF INTEREST

13  Sex Offender Registration: SB 282 (requires those subject to act w/ conv. out-of-state to provide local law enforcement with cert. copy of J&S in their case w/in 60 days of reg.  Urination in Public: SB 446 (generally will not require registration as SO)  Additional CLEET requirement: SB 567 (adds 8 hours of ev. based DV/stalking to curriculum for cert.) OTHER ITEMS CONTINUED

14 George W. Lindley Senior Judge THE END


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