REPORT ON BILLS FAVORABLY REPORTED BY COMMITTEE

TITLE OF BILL:

AN ACT CONCERNING DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR ANY DRUG.

SPONSORS OF BILL:

REASONS FOR BILL:

The CSA's Office has encountered difficulty with charging a person with Driving Under the Influence if the motorist was driving on a private campground road, roads through certain condominium complexes and the access roads that connect parking areas at shopping malls.

Substitute Language: Deletes sections 2 and 3 because there was no standard for measuring or determining what "the presence of any drug" in one's system would mean. Also merges in HB 5463, An Act Suspending the Operator's License of a Person Convicted of Providing Alcohol to a Minor (Please see Transportation's JF Report for testimony).

RESPONSE FROM ADMINISTRATION/AGENCY:

Christopher Morano, CSA - Supports the bill. Section 1 of the bill addresses a longstanding problem with the enforcement of DUI statutes on certain roads that are considered private but open to public motor vehicle traffic. This language is the same utilized in New York State. The goal behind this change is to protect the public safety.

We believe the change resolves the concern that has arisen when this issue was raised in past years -a reluctance to write a DUI laws so strictly so as to make it possible for an individual to be charged with drunken driving in their own driveway. We believe the proposed wording addresses these concerns while taking a major step forward to allow for the effective enforcement of DUI laws on roadways where they clearly should apply to protect the public safety. The proposed change is consistent with the spirit of the law and case law. It is common sense and good public policy. It is clear that is was never the intention of this General Assembly to provide for the administrative suspension of the licenses of those operators impaired by alcohol but not of those operators impaired by other drugs. This technical change also will conform these sections of the statutes to address due process and uniform enforcement considerations. The change is supported by the Department of Motor Vehicles (DMV) which is prepared to schedule and hold hearings for this group.

James Papillo, Office of Victim Advocate - Supports the bill. Clearly, a driver who submits to a blood or urine test after an arrest for operating a motor vehicle while under the influence and the test results indicate the presence of any drug should be exposed to the same penalties as a driver whose test results indicate an elevated blood level. The effects of drugs while driving a motor vehicle are as distracting and dangerous as those of alcohol. There should be no fewer penalties concerning the suspension of their license to the driver using drugs rather than alcohol. I strongly urge you to provide DMV with the necessary information to respond to all drivers operating a motor vehicle under the influence.

NATURE AND SOURCES OF SUPPORT:

Susan Naide, Senior Assistant State's Attorney, Statewide DWI Prosecutor Coordinator, Office of the Chief State's Attorney

NATURE AND SOURCES OF OPPOSITION:

Nothing submitted.

REPORT ON BILLS FAVORABLY REPORTED BY COMMITTEE

TITLE OF BILL:

AN ACT SUSPENDING THE OPERATOR'S LICENSE OF A PERSON CONVICTED OF PROVIDING ALCOHOL TO A MINOR.

SPONSORS OF BILL:

REASONS FOR BILL:

Serious legal consequences were not previously associated with providing alcohol to a minor.

RESPONSE FROM ADMINISTRATION/AGENCY:

No response was provided.

NATURE AND SOURCES OF SUPPORT:

MADD (Janice Margolis, Executive Director): Cites the need to hold providers and users accountable, and to increase the safety of minors.

NATURE AND SOURCES OF OPPOSITION:

No opposition was presented.

REPORT ON BILLS FAVORABLY REPORTED BY COMMITTEE

TITLE OF BILL:

AN ACT CONCERNING DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR ANY DRUG AND SUSPENDING THE DRIVER'S LICENSE OF A PERSON CONVICTED OF PROVIDING ALCOHOL TO A MINOR.

SPONSORS OF BILL:

REASONS FOR BILL:

The CSA's Office has encountered difficulty with charging a person with Driving Under the Influence if the motorist was driving on a private campground road, roads through certain condominium complexes and the access roads that connect parking areas at shopping malls.

Substitute Language: Deletes sections 2 and 3 because there was no standard for measuring or determining what "the presence of any drug" in one's system would mean. Also merges in HB 5463, An Act Suspending the Operator's License of a Person Convicted of Providing Alcohol to a Minor (Please see Transportation's JF Report for testimony).

RESPONSE FROM ADMINISTRATION/AGENCY:

See attached Judiciary Committee JF Report with action date 04/15/2005. Also see attached Transportation Committee JF Report with action date 03/21/2005.

NATURE AND SOURCES OF SUPPORT:

See attached Judiciary Committee JF Report with action date 04/15/2005. Also see attached Transportation Committee JF Report with action date 03/21/2005.

NATURE AND SOURCES OF OPPOSITION:

See attached Judiciary Committee JF Report with action date 04/15/2005. Also see attached Transportation Committee JF Report with action date 03/21/2005.