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SPONSOR: |
Cervantes |
DATE TYPED: |
|
HB |
963 |
||
SHORT TITLE: |
Revoked and Suspended Driver’s Licenses |
SB |
|
||||
|
ANALYST: |
Hayes |
|||||
REVENUE
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
|
FY03 |
FY04 |
|
|
|
|
($0.1) |
($0.1) |
Recurring |
General
Fund |
|
|
|
|
|
(Parenthesis ( ) Indicate Revenue Decreases) $0.1
= Fiscal impact unknown
Conflicts with HB 139, SB 82, SB
248 and SB 471
Responses
Received From
Administrative
Office of the Courts (
Taxation
and Revenue Department (TRD)
Children,
Youth and Families Department (CYFD)
State
Highway and Transportation Department (SHTD), Traffic Safety Bureau
SUMMARY
Synopsis
of Bill
House Bill 963 amends
various sections of the Motor Vehicle Code in the following manner:
A.
Amends
Section 66-5-39.A to differentiate penalties between a
person who drives a motor vehicle with a suspended driver’s license versus a
person who knowingly drives with a revoked license; only those with a revoked
driver’s license are guilty of a misdemeanor.
B.
Amends
Section 66-5-39.C to state that MVD, upon receiving a
record of the conviction of a person charged with driving a vehicle with a
revoked license, shall not issue a new license to that person for one
year. It excludes drivers who have a
suspended license.
C.
New
Material, Section 66-5-39.1 changes the penalties
for those convicted of driving with a suspended license. The person shall be guilty of a petty
misdemeanor and shall be assessed a fine of not more than $300.0. Upon a second or subsequent conviction, the
person shall be imprisoned for not less than 2 days or not more than 90 days,
and a fine of not more than $300.0 may also be imposed by the court. In addition, MVD shall extend the period of
suspension for an additional like period.
D.
New
Material, A minor shall be accompanied by a parent or
guardian when appearing in metropolitan, magistrate or municipal court pursuant
to traffic penalty assessment misdemeanor, a traffic misdemeanor or a moving
violation charge.
Significant
Issues
FISCAL IMPLICATIONS
Since the fine imposed
for those convicted of driving with a suspended driver’s license is
being reduced from $1,000 to $300, there will be a loss of revenue to
the state’s general fund. However, none
of the agencies or courts responding to LFC’s request for information provided
a dollar estimate for the reduction in revenue if this bill were enacted. Therefore, the specific fiscal impact is not
known.
ADMINISTRATIVE IMPLICATIONS
TRD claims that systems-related expenses to program new violation codes
to distinguish between a minor offender and an adult offender will cost the
department approximately $6,000.
Reference has already been made to the potential increase in caseload for
the courts.
CONFLICT
HB 139, DWI Vehicle
Seizure
SB 82, Mandatory Vehicle Immobilization
SB 248, DWI Vehicle
Seizure
SB 471, Motor Vehicle
License Suspensions
CMH/njw