- Committee -

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