Bill C-590: An Act to amend the Criminal Code (blood alcohol content)

C-590 Second Session, Forty-first Parliament, 62-63-64 Elizabeth II, 2013-2014-2015 HOUSE OF COMMONS OF CANADA BILL C-590 An Act to amend the Criminal Code (blood alcohol content) Reprinted as amended by the Standing Committee on Justice and Human Rights as a working copy for the use of the House of Commons at Report Stage and as reported to the House on May 12, 2015 Mr. Hoback 412152 SUMMARY This enactment amends section 255 of the Criminal Code to establish the possibility of imposing more severe penalties for offences committed under section 253 in circumstances where the offender has a blood alcohol content that exceeds one hundred and sixty milligrams of alcohol in one hundred millilitres of blood and to raise the minimum penalties that apply to convictions for impaired driving causing bodily harm or death. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 41st Parliament, 62-63-64 Elizabeth II, 2013-2014-2015 house of commons of canada BILL C-590 An Act to amend the Criminal Code (blood alcohol content) R.S., c. C-46 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. (1) Section 255 of the Criminal Code is amended by adding the following after subsection (1): Blood alcohol level — profound impairment (1.1) Despite subsection (1), everyone who commits an offence under paragraph 253(1)(b) and who has a concentration of alcohol in their blood at the time of the commission of the offence that exceeds one hundred and sixty milligrams of alcohol in one hundred millilitres of blood (a) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding 10 years and (i) in the case of a first offence, to a fine of not less than $2,000 and to imprisonment for not less than 60 days, and (ii) in the case of a second or subsequent offence, to imprisonment for not less than 240 days; or (b) is guilty of an offence punishable on summary conviction and is liable (i) in the case of a first offence, to a fine of not less than $2,000, and (ii) in the case of a second or subsequent offence, to imprisonment for not less than 30 days. (2) Subsection 255(3.3) of the Act is replaced by the following: Minimum punishment — bodily harm or death (3.3) Despite subsection (1), everyone who is liable to the punishment described in any of subsections (2) to (3.2) is liable to the following minimum punishment: (a) in the case of a first offence, to a fine of not less than $5,000 and to imprisonment for not less than 120 days; and (b) in the case of a second or subsequent offence, to imprisonment for not less than 12 months. Published under authority of the Speaker of the House of Commons