AB 366

Under current law, with certain exceptions, a person who commits a second

offense relating to operating a motor vehicle under the influence of an intoxicant

(OWI-related offense) is subject to a fine of not less than $350 nor more than $1,100

and imprisonment for not less than five days nor more than six months. A person

who commits a third OWI-related offense is subject to a fine of not less than $600

nor more than $2,000, and imprisonment for not less than 30 days nor more than one

year. A person who commits a fourth OWI-related offense is subject to the same fine

and maximum period of imprisonment as a person who commits a third OWI-related

offense, but his or her period of imprisonment may not be less than 60 days.

Under current law, a court may place a person who is convicted of a crime on

probation instead of ordering the person to serve a sentence for the crime unless

probation is prohibited for the crime. With certain exceptions, if a person commits

a crime for which a minimum term of imprisonment of one year or less is required,

a court may still place the person on probation, but must require that the person

serve the minimum term of imprisonment as a condition of probation. The

exceptions provide that a court may not place a person on probation for a second or

third OWI-related offense.

Under this bill, a person who commits a second or third OWI-related offense

may be placed on probation if, as a condition of probation, the court requires the

person to take a therapeutically indicated dose of the drug naltrexone for the

duration of the person's period of probation. If the court chooses to place the person

on probation under these circumstances, the bill allows the same minimum and

maximum period of imprisonment for the offense, but eliminates the mandatory

minimum fine. Under the bill, the court may impose a fine in any amount up to the

maximum allowed under current law.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.