District 37 Rep. Gary Chism, R-Columbus, has tough words for critics of his bill that would force people convicted of two or more driving under the influence charges to display a special license plate noting their past crimes: Those drivers should deal with the consequences of their actions and change their behavior.
“You have a drinking problem if you’ve been caught twice,” he said Thursday. “If everyone knows by you having that tag, it may make you realize what your problem is.”
Chism filed HB 548 — the Scarlet Letter Driving Under the Influence License Plate Act — last week. It has since been referred to the House Judiciary B Committee.
If approved, those convicted of a second- and third-offense DUI would be required to display a restricted tag that’s “yellow, with bold red letters and/or numbers” on their vehicles, in addition to conforming with previously approved interlock device laws.
A second-offense DUI – a misdemeanor – would require the tag for at least a year, while a third offense – a felony – ups the requirement to three years.
Proceeds of the tag would be covered by the driver, Chism’s bill states, and passed along to the state treasury’s interlock device fund.
While the bill might survive in committee, Chism admits he doesn’t know if the House will fully support the legislation.
“I doubt it’s going to become law at this time, but I think this is just the beginning of it. It has been a big conversation piece that needs to continue,” he said. “Theoretically, you need the scarlet letter tag before the felony. If you haven’t learned your lesson after two DUIs, I think a little shaming might help before we send you to the pen (for the felony DUI).”
Chism first pitched his idea in January after studying DUI arrest data over the Christmas holiday season. Since then, he has received both positive and negative feedback, he said.
“After tons of money and advertising – all those commercials saying don’t drink and drive? Something’s got to change,” he said. “Some say these people have been punished enough. If you read this bill, (tag recipients) have already been caught twice and are operating a vehicle with an interlock system in it. You have a drinking problem if you’ve been caught twice. What should happen to you is you should change your behavior.”
Zakiya Summers, who serves as the ACLU of Mississippi’s director of communications, said her group opposes Chism’s bill because it “does nothing more than humiliate an individual based on past decisions” and could lead to “unfair and unreasonable targeting by law enforcement.”
“The mandatory fine, incarceration and community services serve as a sufficient and much more rational deterrent. Five days in jail often leads to loss of employment, and this tag provides another barrier to employment,” she said. “Criminal justice penalties often have dual goals of deterrence and punishment, but an overarching goal is to keep someone from repeating behavior that threatens public safety. This bill likely does little to increase deterrence, while significantly decreasing the fair opportunity to re-enter the community as a responsible contributor to society.”
If approved, Chism’s bill would take effect July 1.
Carl Smith covers Starkville and Oktibbeha County for The Dispatch. Follow him on Twitter @StarkDispatch
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