Bill > SB85

Introduced Session

Amend KRS 189A.005 to provide a definition for "cabinet" and to clarify the definitions of "ignition interlock device", "ignition interlock certificate of installation", "ignition interlock device provider", and "ignition interlock license"; amend KRS 189A.010 to clarify that laboratory tests for controlled substances are admissible for DUI prosecutions under (1)(c) or (e); amend KRS 189A.040 to provide that alcohol or substance abuse treatment pursuant to this statute shall be authorized as Medicaid-eligible services for defendants who are Medicaid-eligible; amend KRS 189A.045 to clarify that if a defendant enrolls in an education alcohol or substance abuse treatment program before conviction that the education or treatment completed prior to conviction counts towards the education or treatment requirement imposed by KRS 189A.040; amend KRS 189A.050 to raise the DUI service fee from $375 to $425 and appropriate the additional $50 to the Transportation Cabinet for administrative costs associated with ignition interlock; repeal and reenact KRS 189A.070 to provide that the Transportation Cabinet shall suspend the driver's license of a person convicted of a DUI; specify that any person issued an ignition interlock license may have a shorter suspension period; amend KRS 189A.085 to provide that a person convicted of any DUI shall surrender his or her license plate unless the person or family qualifies for an exemption; amend KRS 189A.090, operating a motor vehicle while driver's license is suspended for a DUI, to conform and to raise the third or subsequent offense of this statute for a person who was driving impaired to a Class C felony; amend KRS 189A.100 to clarify that the sentencing court can order a videotape or film of a DUI destroyed; amend KRS 189A.200 to provide that the court may require an ignition interlock license as a pretrial condition of release for those charged with violating (1)(a) but shall require an ignition interlock license as a pretrial condition of release for those charged with violating (1)(b) or (c); repeal and reenact KRS 189A.340 to provide the requirements for and restrictions of an ignition interlock license; amend KRS 189A.345 to make penalties for ignition interlock license and device violations; repeal, reenact, amend, and renumber KRS 189A.500 to clarify the Transportation Cabinet's regulatory authority for ignition interlock; create a new section of KRS Chapter 189A to provide an administrative appeals process for ignition interlock licenses; amend KRS 189A.410 to specify that only those charged with violations of KRS 189A.010(1)(c) or (d) are eligible for hardship licenses; amend KRS 189A.107, 189A.400, 189A.440, and 186.560 to conform; amend KRS 189A.105, 189A.220, 189A.240, and 189A.250 to make technical corrections; repeal 189A.080, 189A.320, 189A.420, 189A.430, and 189A.450; EFFECTIVE January 1, 2020.

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Whitney Westerfield (R)*,  Danny Carroll (R),  Stephen Meredith (R),  Reggie Thomas (D), 

signed by Governor (KY Acts ch. 103) (on 03/26/2019)

Official Document