HB2327
Driving under influence of alcohol; implied consent, refusal of blood or breath tests.
Summary
As Passed Both Chambers. DUI; implied consent; refusal of blood or breath tests.
Eliminates the criminal penalties for refusing to submit to a blood test to determine the alcohol or drug content of a defendant's blood upon arrest for a DUI-related offense under the law on implied consent. The bill also increases to a Class 1 misdemeanor the criminal penalty for refusing to ... (More) submit to a breath test under the law on implied consent for an offense committed within 10 years of a prior offense of refusal or of another DUI-related offense. The bill also extends to blood tests performed by the Department of Forensic Science pursuant to a search warrant the rebuttable presumption that a person is intoxicated based on the person's blood alcohol level demonstrated by such tests. The bill also provides that an application for a search warrant to perform a blood test on a person suspected of committing a DUI-related offense shall be given priority over other matters pending before the judge or magistrate. Finally, the bill establishes a rebuttable presumption applicable in a civil case for punitive damages for injuries caused by an intoxicated driver that a person who has consumed alcohol knew or should have known that his ability to drive was or would be impaired by such consumption. This bill is in response to the U.S. Supreme Court decision in Birchfield v. North Dakota, 136 S. Ct. 2160 (2016). The bill contains an emergency clause. (Less)-
Bill History
- 01/13/2017 - House: Presented and ordered printed 17100553D
- 01/13/2017 - House: Impact statement from VCSC (HB2327)
- 01/13/2017 - House: Referred to Committee for Courts of Justice
- 01/23/2017 - House: Assigned Courts sub: Criminal Law
- 01/30/2017 - House: Impact statement from DPB (HB2327)
- 02/01/2017 - House: Subcommittee recommends reporting with substitute (11-Y 0-N)
- 02/03/2017 - House: Reported from Courts of Justice with substitute (20-Y 0-N)
- 02/03/2017 - House: Committee substitute printed 17105153D-H1
- 02/04/2017 - House: Read first time
- 02/06/2017 - House: Read second time
- 02/06/2017 - House: Committee substitute agreed to 17105153D-H1
- 02/06/2017 - House: Emergency clause added
- 02/06/2017 - House: Engrossed by House - committee substitute HB2327H1
- 02/07/2017 - House: Read third time and passed House (96-Y 1-N)
- 02/07/2017 - House: VOTE: PASSAGE EMERGENCY (96-Y 1-N)
- 02/08/2017 - Senate: Constitutional reading dispensed
- 02/08/2017 - Senate: Referred to Committee for Courts of Justice
- 02/13/2017 - House: Impact statement from DPB (HB2327H1)
- 02/15/2017 - Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
- 02/15/2017 - Senate: Committee substitute printed 17105455D-S1
- 02/17/2017 - Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/17/2017 - House: Impact statement from DPB (HB2327S1)
- 02/20/2017 - Senate: Read third time
- 02/20/2017 - Senate: Reading of substitute waived
- 02/20/2017 - Senate: Committee substitute agreed to 17105455D-S1
- 02/20/2017 - Senate: Engrossed by Senate - committee substitute HB2327S1
- 02/20/2017 - Senate: Passed Senate with substitute (40-Y 0-N)
- 02/21/2017 - House: Placed on Calendar
- 02/21/2017 - House: Senate substitute agreed to by House 17105455D-S1 (97-Y 0-N)
- 02/21/2017 - House: VOTE: ADOPTION EMERGENCY (97-Y 0-N)
- 02/24/2017 - House: Enrolled
- 02/24/2017 - House: Bill text as passed House and Senate (HB2327ER)
- 02/24/2017 - House: Signed by Speaker
- 02/24/2017 - Senate: Signed by President
- 02/27/2017 - House: Impact statement from DPB (HB2327ER)
- 02/28/2017 - House: Enrolled Bill communicated to Governor on 2/28/17
- 02/28/2017 - Governor: Governor's Action Deadline Midnight, March 27, 2017
- 03/16/2017 - Governor: Approved by Governor-Chapter 623 (effective 3/16/17)
- 03/16/2017 - Governor: Acts of Assembly Chapter text (CHAP0623)
