04/21/1993 01:45 PM Senate HES

 CHAIRMAN RIEGER introduced CSHB 136(FIN) (DRUNK DRIVING AND                   
 BREATH TEST OFFENSES) as the next order of business.                          
                                                                               
 REPRESENTATIVE ELDON MULDER, prime sponsor of HB 136, said the                
 Sentencing Commission report called for alternative sentencing                
 for individuals convicted of DWI's, but it left open what, in                 
 fact, they wanted or desired.                                                 
                                                                               
 In working with the Department of Corrections, the Department                 
 of Law, Mothers Against Drunk Driving (MADD) and the                          
 Department of Public Safety, HB 136 was crafted.  It provides                 
 that those individuals convicted of DWI would serve their time                
 in half-way homes, they would be required to pay for their                    
 time in half-way homes, and while they are in half-way homes,                 
 they will be required to do community service.  The provision                 
 applies to those individuals convicted for the first and                      
 second time.                                                                  
                                                                               
 Representative Mulder said that it is estimated that over a                   
 period of time the legislation will save the state a                          
 substantial amount of money, and it will also diminish the                    
 backlog which currently exists in relation to people waiting                  
 to serve their time.                                                          
                                                                               
 HB 136 also restricts the issuance of limited licenses and                    
 provides that only after a first DWI is an individual allowed                 
 to make application for a limited license.  Currently, an                     
 individual convicted of DWI is eligible to apply for a limited                
 license up to the sixth conviction.                                           
                                                                               
 CHAIRMAN RIEGER referred to page 6, line 14, and asked for the                
 reasoning for having a uniform average cost of imprisonment                   
 rather than having direct costs.  REPRESENTATIVE MULDER                       
 answered that if there is not a half-way house or CRC                         
 established within a community, the commissioner can make                     
 allowance for designating another facility which is                           
 appropriate.  The costs throughout the state are going to vary                
 tremendously, and it was determined that in order to be                       
 equitable and fair that there be an average cost so that one                  
 person would not pay a greater cost than another person.                      
                                                                               
 Chairman Rieger then referred to page 6, line 13 and the                      
 language "varying levels of restrictions," which he thought                   
 was too broad, and he suggested changing the phrase to                        
 "provides a restrictive environment."  Representative Mulder                  
 stated that he would have no problem with making that change.                 
                                                                               
 JUANITA HENSLEY, Division of Motor Vehicles, Department of                    
 Public Safety, noted that she was present to respond to                       
 questions regarding the limited licenses portion of the bill.                 
                                                                               
 Number 260                                                                    
                                                                               
 CHAIRMAN RIEGER moved that on page 6, line 13 and on page 7,                  
 line 13, delete the phrase "varying levels of restriction" and                
 replace them with "a restrictive environment."  Hearing no                    
 objection, the motion carried.                                                
                                                                               
 SENATOR MILLER moved that SCS CSHB 136(HES), along with the                   
 accompanying fiscal notes, be passed out of committee with                    
 individual recommendations.  Hearing no objection, it was so                  
 ordered.