SB 404

Current law prohibits a person from operating a motor vehicle without a valid

operator's license or while the person's operating privilege has been suspended or

revoked. This bill increases the penalties for certain violations of operating without

a license (OWL). The bill also consolidates and modifies the existing penalties for

operating while suspended (OWS) and operating after revocation (OAR) and

provides for additional penalties.

Operating without a license

1. Under current law, a person who has more than one operator's license at a

time or who unlawfully operates a commercial motor vehicle is subject to a forfeiture

of up to $600 and six months imprisonment for a first offense, with increasing

penalties for subsequent offenses. Under the bill, the person is guilty of a Class B

misdemeanor.

2. Under current law, a person who is guilty of an OWL violation is subject to

a forfeiture of up to $200 for a first offense, with increasing penalties for certain

second and third offenses. Under the bill, a person who is guilty of a second or

subsequent OWL violation is guilty of a Class A misdemeanor. The bill also provides

that a person who accumulates four or more convictions of OWL is a habitual traffic

offender.

3. Under current law, a person who is guilty of an OWL violation that causes

great bodily harm or death to another is subject to a fine of up to $7,500 and $10,000,

respectively. Under the bill, the person is guilty of a Class H and Class F felony,

respectively.

4. Under current law, a person who is guilty of an OWL violation that causes

great bodily harm or death to another and who knew that he or she was operating

without a license at the time of the violation is guilty of a Class I and Class H felony,

respectively. The bill increases these penalties to a Class G and Class E felony,

respectively.

Operating while suspended or after revocation

1. Under current law, a person who is guilty of OWS or OAR is subject to a

forfeiture of up to $200 and $2,500, respectively. Under the bill, the person is guilty

of a Class B and Class A misdemeanor, respectively.

2. Under current law, a person who is guilty of OAR and whose license was

revoked for operating while intoxicated or a related violation is subject to a fine of

up to $2,500 and up to one year of imprisonment. Under the bill, the person is guilty

of a Class I felony.

3. Under current law, a person who is guilty of OAR and who has previously

been convicted of an OAR violation where the revocation was for certain qualifying

convictions (generally, felonies involving the use of a vehicle) is subject to a fine of

up to $10,000 and up to one year of imprisonment. Under the bill, the person is guilty

of a Class I felony.