| SB 0823 | Changes the classification of an intoxication-related offense to a class D felony for prior offenders |
| Sponsor: | Shields | |||
| LR Number: | 3066S.01I | Fiscal Note: | 3066-01 | |
| Committee: | Judiciary and Civil & Criminal Jurisprudence | |||
| Last Action: | 03/02/04 - SCS Voted Do Pass S Judiciary and Civil & Criminal | Journal page: | ||
| Jurisprudence Committee (3306S.02C) | ||||
| Title: | ||||
| Effective Date: | August 28, 2004 | |||
SCS/SB 823 - This act defines a "persistent offender" as a person who has pleaded guilty to or has been found guilty of two or more intoxication-related traffic offenses, involuntary manslaughter, assault in the second degree, or assault of a law enforcement officer in the second degree.
Currently, the law defines a "persistent offender" as a person who has pleaded guilty to or been found guilty of two or more intoxication-related traffic offenses within the past ten years, along being found guilty of the other offenses listed above.
Thus, the act eliminates the ten-year time limit and allows an individual to be considered a "persistent offender" even if the offenses are far apart in time.
Currently, the law defines a "prior offender" as a person who has pleaded guilty to or been found guilty of a prior intoxication-related traffic offense within the past five years. This time limit has not been changed.
Under this act, a first intoxication-related offense is a
Class A misdemeanor (Section 577.010 and 577.012). A prior
offender who has been convicted of one other offense in the
past five years will be guilty of a Class A misdemeanor
(Section 577.023). A persistent offender, who has been
convicted of two or more offenses, regardless of when they
occurred, will be guilty of a Class C felony(Section 577.023).
SUSAN HENDERSON