Subcommittee advances amended SB 52 on DUIs, DMV reporting and program fees; plea change carried over

A Senate subcommittee on Jan. 13 advanced Senate Bill 52 to the full committee after adopting several technical and substantive amendments, including an update to electronic reporting for driver license suspensions, higher recommended fees for the Alcohol Drug Safety Action Program and new surety‑bond requirements for repeat DUI offenders. A proposed change to plea‑agreement rules was carried over for further drafting and consultation with prosecutors.

The measure’s Department of Motor Vehicles amendment would require law enforcement to submit refusal‑to‑submit notices electronically to the DMV immediately, replacing an estimated 10‑day paper delay, Hannah Warner of the Department of Motor Vehicles told the subcommittee. "We already have electronic citations that are sent directly to the department, and so we have a process for this," Warner said, adding that implementation would be "pretty straightforward." The committee passed that technical amendment by voice vote.

Separately, a member of the subcommittee proposed raising fees in the Alcohol Drug Safety Action Program (ADSAP) to reflect inflation: proposed base increases would move applicant costs from $500 to $1,000, education services from $2,000 to $4,000, and total service costs from $2,500 to $5,000, then allow future CPI indexing. The senator proposing the change said the adjustment was intended to "catch up to 2026" before consumer price index adjustments apply going forward. The committee approved those changes as part of Amendment No.1.

Amendment No.2 imposes additional surety‑bond requirements tied to DUI convictions and SR‑22 insurance filings. The chair explained the amendment as requiring higher surety bonds for repeat offenders (the amendment text discussed $300,000 and $500,000 thresholds before members agreed to an oral amendment to narrow or adjust the trigger). Some members said they would prefer the mandate apply to second and subsequent convictions rather than first offenders; the chair agreed to work the language and the committee adopted the amendment as amended. The committee recorded the passage by voice vote.

A more contentious proposal, Amendment No.3, would limit prosecutors’ ability to plea a later DUI charge down to a "DUI 1" when a defendant has a sequence of prior offenses, a change aimed at preventing defendants from accumulating multiple first‑offense DUI convictions. Several members and a representative of the solicitor's office urged caution, saying removing or narrowing prosecutorial discretion could force weak cases to trial or to dismissal, and could miscount prior convictions because of 10‑year lookbacks or set‑aside orders. A solicitor's office attorney asked for more time to review the drafting. The chair moved to carry over Amendment No.3 so staff and counsel could refine language; the motion passed by voice vote.

Throughout the hearing members emphasized public safety outcomes and the administrative impacts of statutory and procedural changes. For example, proponents cited ignition interlock requirements and administrative license suspension practices as part of broader recidivism‑reduction tools; a solicitor's office representative warned the proposed plea limit could reduce prosecutors' ability to secure convictions that also trigger administrative penalties proven to reduce harm.

The subcommittee adopted the technical and substantive amendments by voice votes, reported SB 52 as amended out of the subcommittee to the full committee, and adjourned. The committee did not record roll‑call vote counts in the transcript; actions were taken by voice vote with no recorded opposition. The transcript indicates the chair asked sponsor staff to work with prosecutors and drafting counsel on Amendment No.3 before the full committee hearing.

Next steps: SB 52, as amended, will be placed on the subcommittee's schedule for the full committee to consider. The plea‑agreement language (Amendment No.3) will be redrafted and returned for further review before further action.