HB0831 - Tennessee - Dui/dwi Offenses
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Latest Update: Tuesday, May, 13th 2008 Companion Bill SB0359. DUI/DWI Offenses - Requires court, when pronouncing sentence to someone convicted of DUI on or after July 1, 2007, to read to the offender a statement in open court of the consequences of driving under the influence of an intoxicant. - Amends TCA Title 55, Chapter 10, Part 4. Fiscal Summary for HB0831 / *SB0359Increase Local Govt. Expenditures - Not Significant Bill Summary for HB0831 / *SB0359 ON APRIL 28, 2008, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 831, AS AMENDED. AMENDMENT #1 rewrites this bill. Present law requires a DUI offender to serve, in addition of at least the minimum sentence, the difference between the time actually served and the maximum sentence on probation. A judge may impose any condition reasonably related to the offense on the probation. However, the judge must impose specified conditions on the probation including: (1) Participation in an alcohol and drug safety DUI school, and/or drug offender school program, if available; and (2) A drug and alcohol assessment, treatment or both an assessment and treatment, if the court deems it appropriate and the service is available. The cost of the service must be paid by the person receiving the treatment, unless the court determines that the person is indigent. If the court determines the person is indigent, then the expense or some portion thereof may be paid from the alcohol and drug addiction treatment fund which is funded by proceeds from the sale of vehicles forfeited due to an owner's driving with a license that was suspended or revoked due to a DUI conviction. This amendment clarifies that the above provision regarding payment for services only applies to the drug and alcohol assessment and treatment. This amendment allows a judge to order an offender to attend a victims impact panel program if the program is offered in the county where the offense occurs. This order may be in addition to or in lieu of the required participation in the school, program, assessment and/or treatment as described above in (1) and (2). This amendment requires the offender to pay a fee to the victims impact panel program of between $25.00 and $50.00, as determined by the governing authority of the program and approved by the sentencing judge, if the judge finds that the offender has the ability to pay. The fee would offset the cost of the offender participating in the program. ON APRIL 29, 2008, THE SENATE SUBSTITUTED HOUSE BILL 831 FOR SENATE BILL 359 AND RESET HOUSE BILL 831. Latest Actions
Fiscal Notes
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