AB 353

Under current law, no person may cause injury to another person by the

operation of a vehicle while under the influence of an intoxicant, a controlled

substance, or a controlled substance analog or any combination thereof, with a

prohibited alcohol concentration, or with a detectable amount of a restricted

controlled substance in his or her blood (OWI-related injury). A person who does so

is generally subject to a fine of not less than $300 nor more than $2,000,

imprisonment for not less than 30 days nor more than one year in the county jail, or

both.

Under current law, if a person causes an OWI-related injury with a minor

passenger in his or her vehicle, the person is guilty of a felony and the applicable fine

and jail sentence are doubled. Current law offers a first offender an opportunity to

receive a shorter jail sentence if he or she completes a period of probation that

includes successful completion of alcohol or drug counseling.

Under current law, if the person has committed a prior OWI-related offense,

causing an OWI-related injury is a Class H felony, and the person may be fined up

to $10,000, imprisoned for up to six years, or both. Current law doubles the

applicable maximum fine and term of imprisonment for these offenses if the person

has a passenger who is under the age 16 in his or her vehicle at the time of the offense.

If a person causes an OWI-related injury that results in great bodily harm to another

person or to an unborn child, the person is guilty of a Class F felony, and may be fined

up to $25,000, imprisoned for 12 years and six months, or both.

Current law requires a person who is sentenced to prison for a felony to serve

a bifurcated sentence, with a portion of the term of imprisonment to be served

confined in prison, and the remainder to be served under supervision in the

community.

Under this bill, if a person causes an OWI-related injury and the injured person

suffers bodily harm, the offender who caused the OWI-related injury must serve at

least 30 days in jail. If the injured person suffers substantial bodily harm, the

offender is guilty of a Class H felony and must serve at least two years confined in

prison, and if the injured person suffers great bodily harm, the offender is guilty of

a Class F felony and must serve at least three years confined in prison.

Under the bill, a person with a prior OWI-related offense is guilty of a Class H

felony and must serve a minimum of one year confined in prison if the OWI-related

injury causes bodily harm, and a minimum of three years confined in prison if the

OWI-related injury causes substantial bodily harm.

Under the bill, if the injured party was a passenger in the person's car, a court

may sentence the person to less than the minimum if the court finds that the best

interests of the community will be served and that the public will not be harmed. If

the court sentences a person to less than the minimum, the bill requires the court to

put its findings in writing. The bill eliminates the doubling provisions for causing