02/22/1996 01:41 PM House FIN

  HOUSE BILL NO. 204                                                           
                                                                               
       "An Act relating to the  administrative revocation of a                 
       minor's license to drive; creating criminal offenses of                 
       minor operating  a vehicle after  consuming alcohol,  a                 
       minor's refusal to submit to chemical test, and driving                 
       during  the  24  hours  after  being  cited  for  minor                 
       operating   a   vehicle   after    consuming   alcohol;                 
       establishing penalties for these offenses; and relating                 
       to implied consent  to certain  testing if operating  a                 
       motor vehicle, aircraft, or watercraft."                                
                                                                               
  Ms. Carpeneti spoke  in support of  HB 204.  She  noted that                 
  the legislation creates three new offenses:                                  
                                                                               
       *    It establishes a "zero tolerance level" for minors                 
            who  consume alcohol and  operate a motor vehicle,                 
            aircraft or  watercraft.  The  legislation created                 
            an infraction for minors operating a vehicle under                 
            the influence of  alcohol, with  a penalty of  not                 
            more  than $1,000  thousand dollars  and community                 
            work service;                                                      
                                                                               
       *    Creates  a separate infraction  for the refusal to                 
            take a breath test;                                                
                                                                               
       *    Creates an  offense for operating a  motor vehicle                 
            within 24 hours of having  been cited for drinking                 
            and driving as a juvenile; and                                     
                                                                               
       *    Provides  for  administrative  revocation   of  an                 
            operator's  license  or  privilege  to  drive  for                 
            having driven  with any  amount of  alcohol for  a                 
            person under the age of 21.                                        
                                                                               
  Ms. Carpeneti maintained that the legislation was created to                 
  ensure  safety.   She  observed  that juveniles  represent a                 
  higher percentage  than  their population  group in  traffic                 
  accidents and  fatalities.   She added that  the State  will                 
  loose federal highway funds if a  zero tolerance bill is not                 
  passed by the fall of 1997.                                                  
                                                                               
  Ms. Carpeneti provided members with  Amendment 1 (Attachment                 
  6).  She noted  that Amendment 1 would correct  an oversight                 
  in the legislation.  She  explained that the amendment would                 
  provide for  an administrative  revocation of  an operator's                 
                                                                               
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  license after being cited for refusal to take a breath test.                 
  The  amendment also  provides that  a person  that has  been                 
  cited for refusal to take a breath test may not drive for 24                 
  hours after having been cited for the offense.                               
                                                                               
  Ms.  Carpeneti provided members with Amendment 2 (Attachment                 
  7).   She explained  that the  Court ruled  in Booth  versus                 
  State, that the possibility of  imposition of community work                 
  service on a  person who is  charged with an offense  raises                 
  the requirement of  court appointed counsel  and right to  a                 
  jury  trial.   The Department  would like  to litigate  this                 
  ruling.    She observed  that  the legislation  provides for                 
  penalties  of  up  to  a  $1,000  thousand  dollar  fine and                 
  community work service.  She stated that the Department does                 
  not want  to have  to provide  for court  appointed counsel.                 
  The amendment would  take effect  upon the  decision of  the                 
  Court.  The  amendment would  impose up to  a $1,000  dollar                 
  fine and allow the offender  to choose to work the fine  off                 
  with community  service.   This would  be contingent on  the                 
  Court's final decision  that the  offenses being created  in                 
  the bill do trigger the right to court appointed counsel and                 
  a  jury trial.   She further  discussed the  Court's ruling.                 
  She noted  that the penalties were drafted to be infractions                 
  in order to not trigger the  procedure safeguards due to the                 
  expense of counsel and jury trials.                                          
                                                                               
  Ms. Carpeneti discussed other related cases.  She noted that                 
  "use  it and loose it"  legislation passed in 1995, provided                 
  that a person under 21  who drinks automatically comes under                 
  administration  revocation of  a  motor operator's  license.                 
  This also covers the use of drugs.  She noted that the Court                 
  ruled  that because  of  the possibility  of  administrative                 
  revocation  of   a  motor   operator's  license   that  this                 
  legislation would also  trigger the right  to counsel and  a                 
  jury trial.  This issue is on appeal.                                        
                                                                               
  In  response  to  a question  by  Representative  Brown, Ms.                 
  Carpeneti  explained  that  when  a  person is  stopped  for                 
  driving under the influence a citation is  issued which acts                 
  as a temporary license for  7 days to allow time to  appeal.                 
  The legislation provides notification that  the minor is not                 
  allowed  to drive  for 24  hours after  having received  the                 
  citation.                                                                    
                                                                               
  Representative Mulder  MOVED to  adopt Amendment  1.   There                 
  being NO OBJECTION, it was so ordered.                                       
                                                                               
  Representative Mulder  MOVED to  adopt Amendment  2.   There                 
  being NO OBJECTION, it was so ordered.                                       
                                                                               
  Representative Mulder MOVED  to report CSHB 204  FIN) out of                 
  Committee  with  individual  recommendations  and  with  the                 
                                                                               
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  accompanying fiscal notes.  There being NO OBJECTION, it was                 
  so ordered.