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Published byLauryn Crook Modified over 9 years ago
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Effective November 1, 2011 LEGISLATIVE UPDATE ON TRAFFIC-RELATED OFFENSES
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HB 1319: Amends 47 O.S. § 11-902 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
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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:
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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
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HB 1520: Amends 47 O.S. § 7-606 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
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SB 529: Amends 47 O.S. § 6-111 DL must bear the words “Interlock Required” SWEZEY ACT
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Amends 47 O.S. § 6-205.1 Requires interlock for people who are suspended for DUI + modification SWEZEY ACT CONTINUED
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Amends 47 O.S. § 6-212.3 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
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HB 1507: (AKA: Aaron’s Law) Amends 47 O.S. § 6-205 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. § 11-903 Doubles the fine if driver has received a conviction for ANY traffic offense in the last 3 years NEGLIGENT HOMICIDE
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SB 324: Amends 63 O.S. § 4210.8 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 12-15 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
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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 - $0-1000 3 rd Offense: felony – 0-5 yrs. &/or $2500-5000 SOCIAL HOST
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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
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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
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George W. Lindley Senior Judge THE END
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