Delaware House Bill 168 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: Passed on August 3 2011 - 100% progression
Action: 2011-08-03 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]

This Act strengthens criminal penalties for Driving Under the Influence (“DUI”). The window during which a second offense qualifies for enhanced penalties is increased from five to ten years and the window for a third offense to be considered a felony is removed altogether. The minimum sentences for felony level offenses are established in a stepwise fashion to provide increased sanctions for each subsequent offense. The Act allows the Court to suspend up to half of the minimum sentence for felony offenders but requires that in such instances the offender must participate in a program which includes intensive treatment as well as drug and alcohol abstinence for not less than 90 consecutive days. The Act requires the use of transdermal monitoring devices to ensure the period of alcohol abstinence. This Act provides for a “single track” for DUI cases wherein only one trial is required for misdemeanor DUI offenders; the trial will occur in the Court of Common Pleas. The Act clarifies that Ignition Interlock Devices (“IID”) are required for all offenders with an alcohol concentration of .15 or more, and for those who refused a chemical test. The Act further clarifies the admissibility of chemical test reports and evidence in administrative license revocation hearings. The Act also makes various amendments to harmonize existing provisions with prior amendments.

An Act To Amend Title 21 Of The Delaware Code Relating To Driving A Vehicle While Under The Influence.

Sen. Patricia Blevins [D]	Sen. Brian Bushweller [D]	Sen. Bruce Ennis [D]	Rep. Quinton Johnson [D]
Rep. Helene Keeley [D]	Rep. John Kowalko [D]	Rep. Daniel Short [R]	Sen. Liane Sorenson [R]
Sen. David Wilson [R]

2011-06-30 - Senate - Senate Third Reading (Y: 19 N: 2 NV: 0 Abs: 0) [PASS]
2011-06-29 - House - House Third Reading (Y: 40 N: 0 NV: 0 Abs: 1) [PASS]

Date	Chamber	Action
2011-08-03		Signed by Governor
2011-06-30		Passed by Senate. Votes: Passed 19 YES 2 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2011-06-30		Necessary rules are suspended in Senate
2011-06-29		Passed by House of Representatives. Votes: Passed 40 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
2011-06-29		Amendment HA 3 - Passed in House by Voice Vote
2011-06-29		Amendment HA 3 - Introduced in House
2011-06-29		Amendment HA 2 - Passed in House by Voice Vote
2011-06-29		Amendment HA 1 - Passed in House by Voice Vote
2011-06-29		Amendment HA 1 to HA 2 - Passed in House by Voice Vote
2011-06-29		Amendment HA 1 to HA 2 - Introduced in House
2011-06-29		Necessary rules are suspended in House
2011-06-29		Amendment HA 1 to HA 2 - Introduced and Placed With Bill
2011-06-28		Reported Out of Committee (APPROPRIATIONS) in House with 5 On Its Merits
2011-06-28		Amendment HA 2 - Introduced and Placed With Bill
2011-06-21		Assigned to Appropriations Committee in House
2011-06-21		Amendment HA 1 - Introduced and Placed With Bill
2011-06-15		Reported Out of Committee (PUBLIC SAFETY & HOMELAND SECURITY) in House with 7 On Its Merits
2011-06-08		Introduced and Assigned to Public Safety & Homeland Security Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis146.nsf/2bede841c6272c888025698400433a04/97c5defeeb934660852578a20055b6fa?OpenDocument
Text	http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/HB+168/$file/legis.html?open
Text	http://legis.delaware.gov/LIS/lis146.nsf/EngrossmentsforLookup/HB+168/$file/Engross.html?open
Roll Call	http://legis.delaware.gov/LIS/lis146.nsf/7712cf7cc0e9227a852568470077336f/e1943348e00d4c5c852578be007a27b0?OpenDocument
Roll Call	http://legis.delaware.gov/LIS/lis146.nsf/7712cf7cc0e9227a852568470077336f/7e158dfd42a6b636852578bf00831652?OpenDocument