03/02/2006 08:30 AM Senate JUDICIARY

          SB 284-SENTENCING FOR ALCOHOL-RELATED CRIMES                                                                      
                                                                                                                                
8:47:01 AM                                                                                                                    
CHAIR RALPH SEEKINS announced SB 284 to be up for consideration.                                                                
                                                                                                                                
DAVE STANCLIFF,  Staff to Senator  Gene Therriault,  reported that                                                              
he and  Senator Therriault  worked  with the  drafter to create  a                                                              
committee  substitute  (CS)  to   address  the  issues  raised  in                                                              
earlier hearings.                                                                                                               
                                                                                                                                
SENATOR GENE  THERRIAULT moved CSSB  284 version Y as  the working                                                              
document before the committee.                                                                                                  
                                                                                                                                
CHAIR SEEKINS objected for the purpose of explanation.                                                                          
                                                                                                                                
MR.  STANCLIFF  explained  that  the  CS  accommodates  the  three                                                              
concepts   discussed  previously.   At  the   bottom  of   page  1                                                              
"alcoholic  beverage"   has  been   changed  to  "consumption   of                                                              
alcohol."  The second  change modifies  existing  DUI statutes  to                                                              
bring  the  language  into  conformity with  SB  284.  The  change                                                              
includes  the  term  "consuming  alcohol"  instead  of  "alcoholic                                                              
beverage"  and  the  concept  of   "up  to  the  lifetime  of  the                                                              
defendant" is added.  The last concept is to allow  judges a range                                                              
of  up  to  a  lifetime  ban,  an   option  to  use  as  they  see                                                              
appropriate.                                                                                                                    
                                                                                                                                
8:49:04 AM                                                                                                                    
SENATOR  THERRIAULT  asked  Mr. Stancliff  to  clarify  everything                                                              
that was swept in under the DUI statutes.                                                                                       
                                                                                                                                
MR. STANCLIFF  explained  that after  a person  is convicted  of a                                                              
third  DUI  these  conditions  of   sentencing  would  apply.  The                                                              
sentencing would also  apply for a person with  one DUI conviction                                                              
if it involved a death or serious injury.                                                                                       
                                                                                                                                
SENATOR  THERRIAULT asked  whether  the conditions  of  sentencing                                                              
would apply for  a first time DUI conviction involving  a death or                                                              
serious injury.                                                                                                                 
                                                                                                                                
MR. STANCLIFF said yes.                                                                                                         
                                                                                                                                
CHAIR SEEKINS closed public testimony.                                                                                          
                                                                                                                                
8:51:16 AM                                                                                                                    
SENATOR  THERRIAULT  moved CSSB  284(JUD)  out of  committee  with                                                              
individual recommendations  and attached fiscal notes.  Hearing no                                                              
objections, the motion carried.