SB 2550 — DUI; nonadjudication of a first offense for CDL holder who was not operating a commercial vehicle.

SB2550 (COMMITTEE(As SUBSTITUTE)Passed the Senate) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) Simmons (12th), Parker, Branning Senate Bill 2550 (COMMITTEE(As SUBSTITUTE)Passed the Senate) AN ACT TO AMEND SECTION 63-11-30, MISSISSIPPI CODE OF 1972, TO PERMIT THE NONADJUDICATION OF A FIRST OFFENSE OF DRIVING UNDER THE INFLUENCE BY A COMMERCIAL DRIVER'S LICENSE HOLDER WHO WAS NOT OPERATING A COMMERCIAL VEHICLE AT THE TIME OF THE OFFENSE;OFFENSE AND TO CLARIFY THE STATUS OF OUT-OF-STATE DUI CONVICTIONS FOR ENHANCEMENT OF PENALTY FOR FOURTH AND SUBSEQUENT DUI VIOLATIONS;

     (7)  Out-of-state prior convictions.  Convictions of violations for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle that were obtained against the defendant in another state, territory or possession of the United States, or under the law of a federally recognized Native American tribe,tribe, * * * of violations for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle occurring within five (5) years before an offense shall be counted for the purposes of determiningdetermining * * *if ifthe penalty that shall be imposed upon conviction for a violation of subsection (1) of this section isand whether the violation is:  (a) a second,second * * *, third,or third * * *, fourth or subsequent offenseoffense * * * and the penalty that shall be imposed upon conviction for a violation of subsection (1) of this section.section, if occurring within five (5) years before the offense under consideration;

or (b) is a fourth or subsequent offense, without regard to the time period within which the violations occurred.

     (12)  DUI child endangerment.  A person over the age of twenty-one (21) who violates subsection (1) of this section while transporting in a motor vehicle a child under the age of sixteen (16) years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle. vehicle. The offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle shall not be merged with an offense of violating subsection (1) of this section for the purposes of prosecution and sentencing.  An offender who is convicted of a violation of this subsection shall be punished as follows:

 The offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle shall not be merged with an offense of violating subsection (1) of this section for the purposes of prosecution and sentencing.  An offender who is convicted of a violation of this subsection shall be punished as follows:

                            (v)  Who has provided the court with justification as to why the conviction should be expunged;

                                               b.  If the court determines that the person violated this section by operating a vehicle when under the influence of a substance other than alcohol that has impaired the person's ability to operate a motor vehicle, including any drug or controlled substance which is unlawful to possess under the Mississippi Controlled Substances Law, the person must submit to a one-hundred-twenty-day period of a nonadjudication program that includes court-ordered drug testing at the person's own expense not less often than every thirty (30) days, during which time the person may drive if compliant with the terms of the program, or suffer a one-hundred-twenty-day suspension of the person's regular driver's license, during which time the person will not operate any vehicle.