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LC 2318

Revise DUI offense penalties for third offense to be a felony

2025 Regular Session

Turns a third DUI offense into a felony, heightening penalties for repeat offenders to boost deterrence and protect public safety.

(LC) Draft Delivered to Requester
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Bill Summary · LC 2318

LC 2318 — Revise DUI Offense Penalties for Third Offense to Be a Felony

Overview

LC 2318 is a bill titled “Revise DUI offense penalties for third offense to be a felony.” The core purpose, as indicated by the title, is to change the penalty status of a third DUI offense from a misdemeanor to a felony. The bill is in the draft stage and has been circulated through the legislative drafting process.

Purpose and Intent

  • Align penalties for repeat DUI offenses with a more severe category to reflect increasing harm and risk associated with recidivism.
  • Enhance deterrence for repeat DUI offenders and potentially improve public safety by elevating consequences for a third offense.

Key Provisions (as inferred from the title and typical structure of such measures)

  • Reclassify a third DUI offense as a felony rather than a misdemeanor.
  • Establish criteria for when aThird offense occurs (likely within a specified look-back period, such as a set number of years), though exact look-back language is not provided in the materials available.
  • Potentially specify penalties associated with the felony classification (imprisonment ranges, fines, probation terms, and license suspensions). The exact sentence lengths, fines, and other terms are not included in the provided summary.
  • Possible inclusion of related provisions (e.g., enhanced supervision, treatment options, ignition interlock requirements, or mandatory penalties) typically accompanying felony DUI schemes. The specific provisions are not detailed in the provided materials.

Affected Parties and Impacts

  • Individuals convicted of a third DUI offense: Subject to felony penalties, with associated criminal justice consequences.
  • Law enforcement, prosecutors, and courts: Revised charging, adjudication, and sentencing framework; potential changes in case handling and resource allocation.
  • Public safety and victims: Potentially improved deterrence and accountability for repeat offenders.
  • Administrative agencies (e.g., motor vehicle departments): Adjusted license suspension/revocation decisions and related administrative processes.

Procedural Status and Timeline

  • Introduced: December 8, 2024.
  • Legislative actions (highlights):
    • 2024-12-08: Drafter Assigned; Draft On Hold.
    • 2025-02-03: Draft Taken Off Hold.
    • 2025-02-13 to 2025-02-17: Draft undergoes legal review, editing, input/proofing, final drafter review, and delivery to requester.
    • 2025-02-17: (LC) Draft Ready for Delivery; Draft Delivered to Requester.
  • The bill remains in the drafting/approval phase and has not yet advanced to formal committee consideration or floor action based on the provided timeline.

What is Not Specified in the Available Information

  • The exact statutory language detailing the new felony penalties (sentence ranges, fines, terms of imprisonment).
  • The precise look-back period for defining a “third offense.”
  • Any exemptions, special considerations (e.g., for first responders, juveniles), or alternative penalties (treatment-focused options, diversion).
  • Effective date and implementation timeline if enacted.
  • Fiscal impact, administrative costs, or potential savings.

Next Steps for Readers

  • Review the full text of LC 2318 when available to confirm the precise language, look-back window, penalties, and any accompanying provisions.
  • Monitor committee hearings and amendments to understand how the bill might change in response to testimony and debate.

This summary provides an accessible snapshot based on the bill’s title and the listed legislative actions; exact details will be clarified in the full draft text and subsequent legislative proceedings.

Compiled from official sources — confirm details with the bill’s official record.

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