WHB/2/5
Sponsored by Venkata Palanati, Max Fuller, Hunter Yin of McCallie School
This legislation was filed in the Correction category
Presented as part of the YIG Volunteer 2024 conference
| 1 | BE IT ENACTED BY THE TENNESSEE YMCA YOUTH LEGISLATURE |
| 2 | Section 1: Terms used in this act, unless the context requires otherwise, shall be defined as |
| 3 | follows: |
| 4 | First Time DUI Offender: A person arrested while under the influence of alcohol without having |
| 5 | injured or killed anybody, in other words, no other felony charges. |
| 6 | First Test: 30-question multiple choice test demonstrating extensive comprehension and retention |
| 7 | of the DUI School/Alcohol Rehabilitation curriculum. Questions are selected from a large pool of |
| 8 | possible questions. This test immediately follows completion of the mandatory course that is |
| 9 | already in place. This test is free until after the second failed attempt and onward, in which case it |
| 10 | will charge a fee of $30 for each attempt. |
| 11 | Second Test: 30-question multiple choice test demonstrating extensive comprehension and |
| 12 | retention of the DUI School/Alcohol Rehabilitation curriculum. The questions will not be exactly the |
| 13 | same as those in the first test. Passing this test ensures that the first time DUI offense is not taken |
| 14 | into consideration when applying for jobs. Each attempt of this test will charge $50. |
| 15 | |
| 16 | Section 2: The maximum jail time and probationary period for a first time DUI offender shall be |
| 17 | decreased from 11 months and 29 days to 5 months and 29 days. The minimum jail time shall |
| 18 | remain as is. |
| 19 | |
| 20 | Section 3: The 1 year license revocation period shall be reduced to 9 months. |
| 21 | |
| 22 | Section 4: After mandatory DUI School/Alcohol Rehabilitation, first time offenders must take a test |
| 23 | showing they have retained the information from the course(s). A score of 24/30 or higher |
| 24 | represents mastery of the material and represents that there is no need for further evaluation at |
| 25 | this time. Each failure can be rectified by retaking the test after a week, but test takers will be |
| 26 | charged a fee of $30 after the second failed attempt. This test must be repeated until a passing |
| 27 | score is achieved. |
| 28 | |
| 29 | Section 5: A different version of the aforementioned test can be taken as soon as 9 months after |
| 30 | passing the first one. Each attempt at this test has a $50 fee and has the same stipulation of being |
| 31 | able to retake it after a week should failure occur. A passing score on this second test will allow |
| 32 | the first time offender to be treated as a non-offender when applying for jobs. This will ensure that |
| 33 | first time DUI offenders are able to earn a livelihood after demonstrating that they have learned |
| 34 | both from their mistakes and the dangers of substance abuse. |
| 35 | |
| 36 | Section 6: Second time offenses and onward shall be assessed separately and this bill shall have |
| 37 | no effect on such cases. |
| 38 | |
| 39 | Section 7: This bill shall have no effect on first time offenders with an active addiction or problem |
| 40 | with substance abuse, until said problem is reviewed and treated by appropriate counselors and |
| 41 | marked as resolved. |
| 42 | |
| 43 | Section 8: This bill should not cost anything in the long run as costs should be covered by the test |
| 44 | fees. If necessary, funds will come from the Tennessee Department of Corrections but will be paid |
| 45 | off by fees. |
| 46 | |
| 47 | Section 9: All laws or parts of laws in conflict with this act are hereby repealed. |
| 48 | |
| 49 | Section 10: This bill shall take effect on June 30th, the start of Tennessee’s fiscal year. |
| 50 |