Legislative update on Traffic-related offenses

1. Legislative update on Traffic-related offenses Effective November 1, 2011

2. Driving under the influence • HB 1319: Amends 47 O.S. § 11-902 • Allows for prosecution for Child Endangerment & DUI OR DUI Personal Injury • May prosecute for felony DUI if new offense is COMMITTED within 10 years from the date of the completion of the execution of the prior sentence.

3. Enhancement examples: • Previously: • John Doe received a DUI conviction on 11/1/2000 • John commits a second DUI on 8/1/2010. The prosecutor files it as a felony. • If he does not receive a conviction for the second DUI by 11/1/2010, you lose the felony. • Now: • John Doe received a DUI conviction on 11/1/2000 • John commits a second DUI on 8/1/2010. The prosecutor files it as a felony. • It now does not matter if he is convicted after 11/1/2010.

4. DUI changes continued • Subsequent offenses do not have to be DUI • May be DUI Personal Injury or Child Endangerment • Punishment for DUI AFC Murder II, Man. I • 5-20 yrs. + $0-10K • Deferred on prior DUI/DUI Personal Injury/Child Endangerment may be used to enhance new offense • Specifically allows officers to testify on HGN & DRE

5. Failure to carry Insurance • HB 1520: Amends 47 O.S. § 7-606 • Case may be dismissed w/o costs if: • Person appears no later than 1 day prior to first court date AND • Insurance was in effect at time of citation

6. Swezey Act • SB 529: Amends 47 O.S. § 6-111 • DL must bear the words “Interlock Required”

7. Swezey act continued • Amends 47 O.S. § 6-205.1 • Requires interlock for people who are suspended for DUI + modification

8. Swezey act continued • Amends 47 O.S. § 6-212.3 • Required interlock for people who: • 1st revocation for refusal OR BAC .15+ = 18 months AFTER revo. OR until DL is reinstated (whichever is longer) • 2ndrevo. = 4 years AFTER revo. OR until DL is reinstated (whichever is longer) • 3rd + revo. = 5 years AFTER revo. OR until DL is reinstated (whichever is longer)

9. Negligent homicide • HB 1507: (AKA: Aaron’s Law) • Amends 47 O.S. § 6-205 • Requires immediate revocation of DL for: • Reckless Driving • Running a Stop Light/Sign Resulting in Great Bodily Injury • Failure to Stop for a School Bus Loading/Unloading Children • Amends 47 O.S.§ 11-903 • Doubles the fine if driver has received a conviction for ANY traffic offense in the last 3 years

10. Boating Under the influence • SB 324: Amends 63 O.S. § 4210.8 • Basically makes the BUI statute mirror the DUI statute. • BUI BAC amended to 0.08 • APC BAC is 0.07 or less • Allows for implied consent if BUI/APC if driver is involved in collision w/ death or serious injury • Amends 63 O.S. § 4210 • Requires anyone ages 12-15 YOA operating a boat more than 10 HP or watercraft 16 ft. or greater to complete a boating safety education class.

11. Social host • HB 1211: (AKA: Cody’s Law) • Amends 37 O.S. § 8.2 • Prohibits serving low-point beer to minor invitees • Penalties: • 1st Offense: misdemeanor - $0-500 • 2nd Offense: misdemeanor - $0-1000 • 3rd Offense: felony – 0-5 yrs. &/or $2500-5000

12. Other items of interest • VPO’s: HB 1358 (stay in FFE during prison) • Illegal Hunting: SB 828 (increased fines) • Gang Recruiters: SB 923 (increased punishment) • Domestic A&B w/Deadly/Dangerous Weapon: SB 952. Amends 21 O.S. § 13.1; 644; 51.1;650; 759; 1105

13. Other items continued • Sex Offender Registration: SB 282 (requires those subject to act w/ conv. out-of-state to provide local law enforcement with cert. copy of J&S in their case w/in 60 days of reg. • Urination in Public: SB 446 (generally will not require registration as SO) • Additional CLEET requirement: SB 567 (adds 8 hours of ev. based DV/stalking to curriculum for cert.)

14. The End George W. Lindley Senior Judge