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146th General Assembly
House Bill # 168 w/HA 1, HA 2, HA 1 to HA 2, HA 3

Primary Sponsor: Keeley Additional Sponsor(s):    Sen. Blevins
CoSponsors: Reps. Q. Johnson, Kowalko, D. Short, Wilson; Sens. Bushweller, Ennis, Sorenson
Introduced on : 06/08/2011
Long Title:AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING A VEHICLE WHILE UNDER THE INFLUENCE.
Synopsis: 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.
Current Status: Signed   On   08/03/2011
Volume Chapter78:167
Date Governor acted:08/03/2011
Full text of Legislation:
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Full text of Legislation:
(in MS Word format)
Legis.Docx   (Microsoft Word is required to view this document.)

Fiscal Notes/Fee Impact:F/N (Complete)
Amendments: HA 1 to HB 168 - Passed
HA 2 to HB 168 - Passed
HA 1 to HA 2 to HB 168 - Passed
HA 3 to HB 168 - Passed
Committee Reports:
House Committee Report 06/15/11 F=0 M=7 U=0---->Committee Report
House Committee Report 06/28/11 F=0 M=5 U=0---->Committee Report
Voting Reports:
House vote: () Passed 6/29/2011 6:14:15 PM------->Voting Record
Senate vote: () Passed 6/30/2011 7:51:49 PM------->Voting Record
Fiscal Notes:
Engrossed Version:
Engrossment------->Engrossment
Actions History:
Aug 03, 2011 - Signed by Governor
Jun 30, 2011 - Passed by Senate. Votes: Passed 19 YES 2 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Jun 30, 2011 - Necessary rules are suspended in Senate
Jun 29, 2011 - Passed by House of Representatives. Votes: Passed 40 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
Jun 29, 2011 - Amendment HA 3 - Passed in House by Voice Vote
Jun 29, 2011 - Amendment HA 3 - Introduced in House
Jun 29, 2011 - Amendment HA 2 - Passed in House by Voice Vote
Jun 29, 2011 - Amendment HA 1 - Passed in House by Voice Vote
Jun 29, 2011 - Amendment HA 1 to HA 2 - Passed in House by Voice Vote
Jun 29, 2011 - Amendment HA 1 to HA 2 - Introduced in House
Jun 29, 2011 - Necessary rules are suspended in House
Jun 29, 2011 - Amendment HA 1 to HA 2 - Introduced and Placed With Bill
Jun 28, 2011 - Reported Out of Committee (APPROPRIATIONS) in House with 5 On Its Merits
Jun 28, 2011 - Amendment HA 2 - Introduced and Placed With Bill
Jun 21, 2011 - Assigned to Appropriations Committee in House
Jun 21, 2011 - Amendment HA 1 - Introduced and Placed With Bill
Jun 15, 2011 - Reported Out of Committee (PUBLIC SAFETY & HOMELAND SECURITY) in House with 7 On Its Merits
Jun 08, 2011 - Introduced and Assigned to Public Safety & Homeland Security Committee in House
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