[1] NOTE: As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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F I S C A L I M P A C T R E P O R T

SPONSOR:	Miera		DATE TYPED:	01/23/02		HB	124
SHORT TITLE:		Administering DWI Chemical Test				SB
					ANALYST:		Wilson

APPROPRIATION

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

See Narrative

$0.1

Recurring

SOURCES OF INFORMATION

Administrative Office of the Courts (AOC)

LFC files

SUMMARY

Synopsis of Bill

House Bill 124 amends current law to establish a time frame of less than three hours of the alleged driving while under the influence of intoxicating liquor, to administer a chemical test to determine a person’s blood or breath alcohol concentration. If the chemical test is administered more than three hours after the alleged driving while under the influence of intoxicating liquor, the test result is still admissible as evidence of the alcohol concentration in the person’s blood or breath at the time of the alleged driving and the trier of fact shall determine what weight to give the test result.

Significant Issues

If the law enforcement agencies are unable to administer the chemical test within three hours the prosecution of the case will be more difficult.

FISCAL IMPLICATIONS

The AOC believes that HB 124 could result in an increased number of jury trials which may increase costs by an unknown amount.

ADMINISTRATIVE IMPLICATIONS

There may be an administrative impact on the courts as a result of increased jury trials and the amount of time necessary to dispose of those cases.

ADMINISTRATIVE IMPLICATIONS

The AOC states that there may be an administrative impact on the courts as a result of increased jury trials and amount of time necessary to dispose of the cases impacted by SB 124.

F I S C A L I M P A C T R E P O R T

SOURCES OF INFORMATION

The AOC states that there may be an administrative impact on the courts as a result of increased jury trials and amount of time necessary to dispose of the cases impacted by SB 124.

DW/ar