SUMMARY

This bill provides stricter penalties for operating after license suspension, or OAS.

1. It establishes a graduated penalty scale for license suspensions not related to the offense of operating under the influence that occur within a 3-year period, beginning with a license suspension of one year and a $1,000 fine for 3 suspensions within a 3-year period and increasing to a license suspension of 10 years and a $5,000 fine for 7 or more license suspensions within a 3-year period.

2. It provides for mandatory incarceration, which may not be suspended, if the person is convicted of OAS while that person's license was suspended due to multiple suspensions. The length of the incarceration is graduated, beginning with 180 days for OAS after suspension for 3 suspensions and increasing to a Class B crime, punishable by 5 years incarceration, for OAS after suspension for 7 or more license suspensions within a 3-year period.

3. It amends the current law that allows a vehicle to be impounded when the driver has operated a motor vehicle while under the influence to allow a motor vehicle also to be impounded for an OAS offense. The vehicle impounded for an OAS offense may be released only after the offender's driver's license has been reinstated and the impound fees have been paid.

4. It creates the new crime of contributing to an accident after license suspension or revocation. If a person whose license has been suspended or revoked is involved in an accident, regardless of fault, and that accident results in bodily injury or death of another person, the person operating after suspension commits a Class C crime in the case of bodily injury or a Class B crime in the case of death. The Class C crime is punishable by a minimum sentence of 3 years' imprisonment and an additional license suspension of 5 years. The Class B crime is punishable by a minimum sentence of imprisonment of 5 years and an additional license suspension of 10 years. The new crime does not apply if the person is convicted of the crime of operating under the influence and causing the death or bodily injury of another person, which is increased from a Class C to a Class B crime.