PANEL OUTCOMES & RECOMMENDATIONS
V.
Legislative Recommendations Child Endangerment DUI/DWI Statutes
A review of previous recommendations from the 2004 Child Endangerment Panel reveals that, in most cases, they are still applicable. This section will review and respond to previous recommendations and provide updated recommendations based on current research and panel discussions.
2004 recommendation: The penalties for violation of child endangerment provisions should be substantially higher than the penalties imposed in DUI/DWI cases where children are not involved and should include the following: • In addition to criminal penalties imposed upon conviction, state law should provide for the administrative license revocation/suspension of licenses for alcohol-related child endangerment offenses and for those who refuse to take the state-administered test of their breath, blood, urine or other bodily substance with children in the vehicle. • Mandatory alcohol/drug assessment and treatment as indicated by the assessment. • A required installation of an alcohol ignition interlock device on any vehicle that may be used by the defendant to transport children under the age of 16 years. • License reinstatement or issuance of a limited-driving permit following license suspension/revocation should be contingent upon installation of an alcohol ignition interlock device and, if treatment is required as a result of the court ordered alcohol/drug assessment, completion of the treatment program. • A second offense for violation of the child endangerment DUI/DWI statute should be a felony. • An offender charged with violation of the child endangerment statute should not be eligible for pre-trial diversion, deferred adjudication, probation before judgment (PBJ) or similar programs, and a conviction should remain on the offender’s driving record permanently and would not “age off” or be expunged. • A “child,” for purposes of applying a child endangerment DUI/DWI statute, should be minimally defined as a person under the age of 16 years. 2017 update: The 2017 Panel is recommending the adoption of Leandra’s Law as a model law for state statutes with the following provisions: • First time offenders may be charged with a class E felony punishable by up to four years in state prison. • All drivers convicted of DUI must install an ignition interlock for at least six months, in addition to any term of imprisonment. • Probation issues regulations to provide counties with different options for supervising the use of interlocks, to ensure that they can determine the most appropriate mechanism for their needs. • Offenders who cause the death of a child younger than 16 in the car may be charged with a Class B felony, punishable by up to 25 years in state prison.
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