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BILL AS INTRODUCED 2007-2008

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S.310

Introduced by   Senator McCormack of Windsor District

Referred to Committee on

Date:

Subject:  Motor vehicles; operating under the influence; child in vehicle

Statement of purpose:  This bill proposes to create more serious penalties for operating a vehicle while under the influence of alcohol if there is a child in the operator's vehicle at the time of the offense.

AN ACT RELATING TO OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL WITH A CHILD IN THE VEHICLE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  23 V.S.A. § 1210 is amended to read:

§ 1210.  PENALTIES

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(g)  Minor in vehicle.  A person who violates section 1201 of this title while a minor is in the person’s vehicle shall, in addition to any other penalty imposed by law, be:

(1)  fined not more than $300.00 or imprisoned for not more than six months, or both.

(2)  fined not more than $5,000.00 or imprisoned for not more than 10 years, or both, if the violation results in death or serious bodily injury to the minor.

(h)  Determination of fines.  In determining appropriate fines under this section the court may take into account the total cost to a defendant of alcohol screening, participation in the alcohol and driving education program and therapy, and the income of the defendant.

(h)(i)  A person convicted of violating 23 V.S.A. § section 1201 of this title shall be assessed a surcharge of $60.00, which shall be added to any fine imposed by the court. The court shall collect and transfer such surcharge to the department of health for deposit in the health department's laboratory services special fund.

(i)(j)  A person convicted of violating section 1201 of this title shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court.  The court shall collect and transfer the surcharge assessed under this subsection to the office of defender general for deposit in the public defender special fund specifying the source of the monies being deposited.  The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.

(j)(k)  A person convicted of violating section 1201 of this title shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court.  The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI enforcement fund.  The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.  



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us