SB 43 Flying aircraft while under the influence of alcohol (FUI).
Thomas K. Norment, Jr. | all patrons    ...    notes
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Summary:
Flying aircraft while under the influence of alcohol or drugs (FUI); implied consent. Creates a new offense, punishable as a Class 6 felony, for operating an aircraft at a 0.04 percent BAC threshold and establishes an implied consent provision, modeled after the DUI implied consent law, for persons who operate aircraft over, above or upon the lands or waters of the Commonwealth. Any measurable concentration of a narcotic or habit-forming drug constitutes a violation. A test to detect alcohol or drug concentration must be administered to a person arrested for a violation within four hours of the alleged illegal operation of the aircraft. Any person who operates an aircraft within the Commonwealth's airspace or upon its lands or waters is deemed to have consented to tests to determine the alcohol or drug content of his blood, and provisions are made to require testing of persons who are dead or otherwise unable to consent. Procedures for trial and appeal on the issue of refusal are included. The penalty for unreasonable refusal is revocation of the person's aviators license, consistent with FAA regulations, and the court may also find the defendant guilty of a Class 6 felony. Qualifications and liability of persons authorized to take blood samples are established. The courts are required to give notice of FUI violations and unreasonable refusal to consent to the Federal Aviation Administration.

Full text:
01/10/96  Senate: Presented & ordered printed 966973819  pdf
02/08/96  Senate: Committee substitute printed 967857722-S1  pdf

Status:
01/10/96  Senate: Presented & ordered printed 966973819
01/10/96  Senate: Referred to Committee on Transportation
01/18/96  Senate: Reported from Transportation (15-Y 0-N)
01/18/96  Senate: Rereferred to Courts of Justice
01/26/96  Senate: Assigned to C. J. sub-committee: Criminal Justice
02/07/96  Senate: Reported from Courts of Justice w/sub. (15-Y 0-N)
02/08/96  Senate: Committee substitute printed 967857722-S1
02/09/96  Senate: Const. reading disp. (39-Y 0-N), passed by for the day
02/09/96  Senate: VOTE: CONST. READING DISPENSED (39-Y 0-N)
02/12/96  Senate: Read second time
02/12/96  Senate: Reading of substitute waived
02/12/96  Senate: Committee substitute agreed to 967857722-S1
02/12/96  Senate: Engrossed by Senate - comm. sub. 967857722-S1
02/12/96  Senate: Constitutional reading dispensed (40-Y 0-N)
02/12/96  Senate: VOTE: CONST. READING DISPENSED (40-Y 0-N)
02/12/96  Senate: Passed Senate (40-Y 0-N)
02/12/96  Senate: VOTE: PASSAGE (40-Y 0-N)
02/12/96  Senate: Communicated to House
02/13/96  House: Placed on Calendar
02/14/96  House: Read first time
02/14/96  House: Referred to Committee on Transportation
02/20/96  House: Reported from Tra. (22-Y 0-N)
02/20/96  House: Referred to Committee for Courts of Justice
02/21/96  House: Assigned to C. J. sub-committee: 1
03/04/96  House: Continued to 1997 in Courts of Justice (18-Y 4-N)
12/20/96  House: No action taken by Courts of Justice by voice vote