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Senate Judiciary hears S203 to clarify when prior DUI convictions count for enhanced penalties
Summary
The Senate Judiciary committee heard Bill S203 Feb. 25. Kim McManus (Department of State's Attorneys and Sheriffs) said the bill would make the date of the later offense — not the later conviction date — control a 20-year look-back for DUI enhancement, addressing an appellate reading that could block second-offense charges.
Kim McManus with the Department of State's Attorneys and Sheriffs told the Senate Judiciary committee on Feb. 25 that Bill S203 aims to resolve a statutory wording problem that could prevent prosecutors from treating a later offense as a second DUI if the earlier conviction falls outside the 20-year look-back when measured by conviction date.
McManus said, “Bill S203 is looking to solve a language issue that came up last year,” explaining that a superior court reading suggested enhancements required not just a prior conviction but that the prior conviction timing be interpreted in a way that could exclude some earlier offenses from the…
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