Senator Dennis Parrett, D-Elizabethtown, is continuing the effort to broaden the window that allows for stronger penalties for habitual drunk drivers.
Senate Bill 56, which Parrett pre-filed this summer, passed out of the Senate Judiciary Committee and is headed to the Senate floor for a vote. The bill would expand what is known in legal circles as the “look back period” for prior offenses from five to 10 years.
Parrett said this is an important move because in Kentucky, the fourth DUI conviction in a five-year period is treated as a felony. By increasing the look back window, DUI convictions remain on a person’s record longer, which allows that behavior to be considered during sentencing.
“I am pleased that this significant legislation is moving forward,” said Parrett. “It is gaining momentum early and I feel optimistic it will make it through both chambers this session to be signed into law by the Governor. This measure will save lives.”
Parrett filed a similar bill during the last legislative session.
“As I told my colleagues last year, I don’t want to lessen the severity for anyone, but one DUI–though it is still very serious — could be a mistake,” Parrett said. “Two DUIs are not a mistake. Three, four and five DUIs are big problems.”
Parrett has had strong support for SB 56 from David and Tonya Taylor. Their daughter, Brianna Taylor, was 17 and had recently graduated from Elizabethtown High School, when she lost her life due to a drunk driver.
The teenager was heading home when she was involved in an accident with Michael Hilton. After the accident, Hilton was charged with driving under the influence, two counts of assault and murder.
Parrett said it was the sixth time Hilton had been charged with driving under the influence.
“I don’t want to lessen the severity for anyone, but one DUI — though it is still very serious — could be a mistake. Two DUIs are not a mistake. Three, four and five DUIs are big problems,” Sen. Dennis Parrett, D-Elizabethtown
Hilton’s last drunken-driving conviction, however, occurred more than five years before the accident, so the latest charge was considered his first under the legal definition of Kentucky’s current criminal statutes.
“This is a slap in the face to Brianna Taylor and all those killed by habitual drunk drivers,” Parrett said. “This law needs to change. Six DUIs are not mistakes and offenders need to face tough penalties for their actions.”
Hilton was found guilty of murder and DUI and sentenced to life in prison.
Another provision of the bill, brought to Parrett’s attention by Hardin County Attorney Jenny Oldham, would help alleviate a reporting issue by county attorneys.
It changes the days that a report must be filed with the Administrative Office of the Courts (AOC) to 180 days from 90. Senator Parrett said that he has heard from several county attorneys that this is necessary because of the time it takes to get lab testing done.
If the legislation becomes law, it will be known as the Brianna Taylor Act. If passed by the Senate, the bill will head to the House for further consideration.
The bill contains an emergency clause that would allow it to go into effect with the Governor’s signature – eliminating a waiting period.
Kentucky Senate Democratic Office