2012 -- H 7179

=======

LC00119

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES

     Introduced By: Representatives Walsh, DaSilva, and Martin

     Date Introduced: January 18, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 31-27-2 and 31-27-2.1 of the General Laws in Chapter 31-27

1-2

entitled “Motor Vehicle Offenses” are hereby amended to read as follows:

1-3

     31-27-2. Driving under influence of liquor or drugs. – (a) Whoever drives or

1-4

otherwise operates any vehicle in the state while under the influence of any intoxicating liquor,

1-5

drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any

1-6

combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3)

1-7

and shall be punished as provided in subsection (d) of this section.

1-8

     (b) Any person charged under subsection (a) of this section whose blood alcohol

1-9

concentration is eight one-hundredths of one percent (.08%) or more by weight as shown by a

1-10

chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of

1-11

this section. This provision shall not preclude a conviction based on other admissible evidence.

1-12

Proof of guilt under this section may also be based on evidence that the person charged was under

1-13

the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter

1-14

28 of title 21, or any combination of these, to a degree which rendered the person incapable of

1-15

safely operating a vehicle. The fact that any person charged with violating this section is or has

1-16

been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of

1-17

violating this section.

1-18

     (2) Whoever drives or otherwise operates any vehicle in the state with a blood presence

1-19

of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by

1-20

analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as

2-1

provided in subsection (d) of this section.

2-2

     (c) In any criminal prosecution for a violation of subsection (a) of this section, evidence

2-3

as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter

2-4

28 of title 21, or any combination of these, in the defendant's blood at the time alleged as shown

2-5

by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance shall be

2-6

admissible and competent, provided that evidence is presented that the following conditions have

2-7

been complied with:

2-8

     (1) The defendant has consented to the taking of the test upon which the analysis is made.

2-9

Evidence that the defendant had refused to submit to the test shall not be admissible unless the

2-10

defendant elects to testify.

2-11

     (2) A true copy of the report of the test result was mailed within seventy-two (72) hours

2-12

of the taking of the test to the person submitting to a breath test.

2-13

     (3) Any person submitting to a chemical test of blood, urine, or other body fluids shall

2-14

have a true copy of the report of the test result mailed to him or her within thirty (30) days

2-15

following the taking of the test.

2-16

     (4) The test was performed according to methods and with equipment approved by the

2-17

director of the department of health of the state of Rhode Island and by an authorized individual.

2-18

     (5) Equipment used for the conduct of the tests by means of breath analysis had been

2-19

tested for accuracy within thirty (30) days preceding the test by personnel qualified as

2-20

hereinbefore provided, and breathalyzer operators shall be qualified and certified by the

2-21

department of health within three hundred sixty-five (365) days of the test.

2-22

     (6) The person arrested and charged with operating a motor vehicle while under the

2-23

influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of

2-24

title 21, or, any combination of these in violation of subsection (a) of this section was afforded the

2-25

opportunity to have an additional chemical test. The officer arresting or so charging the person

2-26

shall have informed the person of this right and afforded him or her a reasonable opportunity to

2-27

exercise this right, and a notation to this effect is made in the official records of the case in the

2-28

police department. Refusal to permit an additional chemical test shall render incompetent and

2-29

inadmissible in evidence the original report.

2-30

     (d) Every person found to have violated subdivision (b)(1) of this section shall be

2-31

sentenced as follows: for a first violation whose blood alcohol concentration is eight one-

2-32

hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) by weight or who

2-33

has a blood presence of any scheduled controlled substance as defined in subdivision (b)(2) shall

2-34

be subject to a fine of not less than one hundred dollars ($100) nor more than three hundred

3-1

dollars ($300), shall be required to perform ten (10) to sixty (60) hours of public community

3-2

restitution, and/or shall be imprisoned for up to one year. The sentence may be served in any unit

3-3

of the adult correctional institutions in the discretion of the sentencing judge and/or shall be

3-4

required to attend a special course on driving while intoxicated or under the influence of a

3-5

controlled substance; provided, however, that the court may permit a servicemember or veteran to

3-6

complete any court-approved counseling program administered or approved by the Veterans'

3-7

Administration, and his or her driver's license shall be suspended for thirty (30) days up to one

3-8

hundred eighty (180) days.

3-9

     (ii) Every person convicted of a first violation whose blood alcohol concentration is one-

3-10

tenth of one percent (.1%) by weight or above but less than fifteen hundredths of one percent

3-11

(.15%) or whose blood alcohol concentration is unknown shall be subject to a fine of not less than

3-12

one hundred ($100) dollars nor more than four hundred dollars ($400) and shall be required to

3-13

perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned

3-14

for up to one year. The sentence may be served in any unit of the adult correctional institutions in

3-15

the discretion of the sentencing judge. The person's driving license shall be suspended for a

3-16

period of three (3) months to twelve (12) months. The sentencing judge shall require attendance

3-17

at a special course on driving while intoxicated or under the influence of a controlled substance

3-18

and/or alcoholic or drug treatment for the individual; provided, however, that the court may

3-19

permit a servicemember or veteran to complete any court-approved counseling program

3-20

administered or approved by the Veterans' Administration.

3-21

     (iii) Every person convicted of a first offense whose blood alcohol concentration is

3-22

fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug,

3-23

toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to a fine of

3-24

five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of

3-25

public community restitution and/or shall be imprisoned for up to one year. The sentence may be

3-26

served in any unit of the adult correctional institutions in the discretion of the sentencing judge.

3-27

The person's driving license shall be suspended for a period of three (3) months to eighteen (18)

3-28

months. The sentencing judge shall require attendance at a special course on driving while

3-29

intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for

3-30

the individual; provided, however, that the court may permit a servicemember or veteran to

3-31

complete any court-approved counseling program administered or approved by the Veterans'

3-32

Administration.

3-33

     (2) Every person convicted of a second violation within a five (5) ten (10) year period

3-34

with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above but

4-1

less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is

4-2

unknown or who has a blood presence of any controlled substance as defined in subdivision

4-3

(b)(2), and every person convicted of a second violation within a five (5) ten (10) year period

4-4

regardless of whether the prior violation and subsequent conviction was a violation and

4-5

subsequent conviction under this statute or under the driving under the influence of liquor or

4-6

drugs statute of any other state, shall be subject to a mandatory fine of four hundred dollars

4-7

($400). The person's driving license shall be suspended for a period of one year to two (2) years,

4-8

and the individual shall be sentenced to not less than ten (10) days nor more than one year in jail.

4-9

The sentence may be served in any unit of the adult correctional institutions in the discretion of

4-10

the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be

4-11

served consecutively. The sentencing judge shall require alcohol or drug treatment for the

4-12

individual; provided, however, that the court may permit a servicemember or veteran to complete

4-13

any court-approved counseling program administered or approved by the Veterans'

4-14

Administration and may prohibit that person from operating a motor vehicle that is not equipped

4-15

with an ignition interlock system for a period of one year to two (2) years following the

4-16

completion of the sentence as provided in section 31-27-2.8.

4-17

     (ii) Every person convicted of a second violation within a five (5) ten (10) year period

4-18

whose blood alcohol concentration is fifteen hundredths of one percent (.15%) or above by

4-19

weight as shown by a chemical analysis of a blood, breath, or urine sample or who is under the

4-20

influence of a drug, toluene, or any controlled substance as defined in subdivision (b)(1) shall be

4-21

subject to mandatory imprisonment of not less than six (6) months nor more than one year, a

4-22

mandatory fine of not less than one thousand dollars ($1,000) and a mandatory license suspension

4-23

for a period of two (2) years from the date of completion of the sentence imposed under this

4-24

subsection. The sentencing judge shall require alcohol or drug treatment for the individual;

4-25

provided, however, that the court may permit a servicemember or veteran to complete any court

4-26

approved counseling program administered or approved by the Veterans' Administration.

4-27

     (3) Every person convicted of a third or subsequent violation within a five (5) ten (10)

4-28

year period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or

4-29

above but less than fifteen hundredths of one percent (.15%) or whose blood alcohol

4-30

concentration is unknown or who has a blood presence of any scheduled controlled substance as

4-31

defined in subdivision (b)(2) regardless of whether any prior violation and subsequent conviction

4-32

was a violation and subsequent conviction under this statute or under the driving under the

4-33

influence of liquor or drugs statute of any other state, shall be guilty of a felony and be subject to

4-34

a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended

5-1

for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less

5-2

than one year and not more than three (3) years in jail. The sentence may be served in any unit of

5-3

the adult correctional institutions in the discretion of the sentencing judge; however, not less than

5-4

forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall

5-5

require alcohol or drug treatment for the individual; provided, however, that the court may permit

5-6

a servicemember or veteran to complete any court-approved counseling program administered or

5-7

approved by the Veterans' Administration, and may prohibit that person from operating a motor

5-8

vehicle that is not equipped with an ignition interlock system for a period of two (2) years

5-9

following the completion of the sentence as provided in section 31-27-2.8.

5-10

     (ii) Every person convicted of a third or subsequent violation within a five (5) ten (10)

5-11

year period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above

5-12

by weight as shown by a chemical analysis of a blood, breath, or urine sample or who is under the

5-13

influence of a drug, toluene or any controlled substance as defined in subdivision (b)(1) shall be

5-14

subject to mandatory imprisonment of not less than three (3) years nor more than five (5) years, a

5-15

mandatory fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars

5-16

($5,000) and a mandatory license suspension for a period of three (3) years from the date of

5-17

completion of the sentence imposed under this subsection.

5-18

     (iii) In addition to the foregoing penalties, every person convicted of a third or

5-19

subsequent violation within a five (5) ten (10) year period regardless of whether any prior

5-20

violation and subsequent conviction was a violation and subsequent conviction under this statute

5-21

or under the driving under the influence of liquor or drugs statute of any other state shall be

5-22

subject, in the discretion of the sentencing judge, to having the vehicle owned and operated by the

5-23

violator seized and sold by the state of Rhode Island, with all funds obtained by the sale to be

5-24

transferred to the general fund.

5-25

     (4) Whoever drives or otherwise operates any vehicle in the state while under the

5-26

influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in

5-27

chapter 28 of title 21, or any combination of these, when his or her license to operate is

5-28

suspended, revoked or cancelled for operating under the influence of a narcotic drug or

5-29

intoxicating liquor shall be guilty of a felony punishable by imprisonment for not more than three

5-30

(3) years and by a fine or not more than three thousand dollars ($3,000). The court shall require

5-31

alcohol and/or drug treatment for the individual; provided, the penalties provided for in

5-32

subdivision 31-27-2(d)(4) shall not apply to an individual who has surrendered his or her license,

5-33

and served the court ordered period of suspension, but who, for any reason, has not had their

5-34

license reinstated after the period of suspension, revocation, or suspension has expired; provided,

6-1

further the individual shall be subject to the provisions of paragraphs 31-27-2(d)(2)(i) or (ii) or

6-2

31-27-22(d)(3)(i), (ii), or (iii) regarding subsequent offenses, and any other applicable provision

6-3

of section 31-27-2.

6-4

     (5) For purposes of determining the period of license suspension, a prior violation shall

6-5

constitute any charge brought and sustained under the provisions of this section or section 31-27-

6-6

2.1.

6-7

     (ii) Any person over the age of eighteen (18) who is convicted under this section for

6-8

operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of

6-9

these, while a child under the age of thirteen (13) years was present as a passenger in the motor

6-10

vehicle when the offense was committed may be sentenced to a term of imprisonment of not more

6-11

than one year and further shall not be entitled to the benefit of suspension or deferment of this

6-12

sentence. The sentence imposed under this section may be served in any unit of the adult

6-13

correctional institutions in the discretion of the sentencing judge.

6-14

     (6) Any person convicted of a violation under this section shall pay a highway assessment

6-15

fine of five hundred dollars ($500) which shall be deposited into the general fund. The assessment

6-16

provided for by this subsection shall be collected from a violator before any other fines

6-17

authorized by this section.

6-18

     (ii) Any person convicted of a violation under this section shall be assessed a fee of

6-19

eighty-six dollars ($86).

6-20

     (7) If the person convicted of violating this section is under the age of eighteen (18)

6-21

years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of

6-22

public community restitution, and the juvenile's driving license shall be suspended for a period of

6-23

six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing

6-24

judge shall also require attendance at a special course on driving while intoxicated or under the

6-25

influence of a controlled substance and alcohol or drug education and/or treatment for the

6-26

juvenile. The juvenile may also be required to pay a highway assessment fine of no more than

6-27

five hundred dollars ($500), and the assessment imposed shall be deposited into the general fund.

6-28

     (ii) If the person convicted of violating this section is under the age of eighteen (18)

6-29

years, for a second or subsequent violation regardless of whether any prior violation and

6-30

subsequent conviction was a violation and subsequent under this statute or under the driving

6-31

under the influence of liquor or drugs statute of any other state, he or she shall be subject to a

6-32

mandatory suspension of his or her driving license until such time as he or she is twenty-one (21)

6-33

years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode

6-34

Island training school for a period of not more than one year and/or a fine of not more than five

7-1

hundred dollars ($500).

7-2

     (8) Any person convicted of a violation under this section may undergo a clinical

7-3

assessment at the community college of Rhode Island's center for workforce and community

7-4

education. Should this clinical assessment determine problems of alcohol, drug abuse, or

7-5

psychological problems associated with alcoholic or drug abuse, this person shall be referred to

7-6

an appropriate facility, licensed or approved by the department of mental health, retardation and

7-7

hospitals for treatment placement, case management, and monitoring. In the case of a

7-8

servicemember or veteran, the court may order that the person be evaluated through the Veterans'

7-9

Administration. Should the clinical assessment determine problems of alcohol, drug abuse, or

7-10

psychological problems associated with alcohol or drug abuse, the person may have their

7-11

treatment, case management and monitoring administered or approved by the Veterans'

7-12

Administration.

7-13

     (e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol

7-14

per one hundred (100) cubic centimeters of blood.

7-15

     (f) There is established an alcohol and drug safety unit within the division of motor

7-16

vehicles to administer an alcohol safety action program. The program shall provide for placement

7-17

and follow-up for persons who are required to pay the highway safety assessment. The alcohol

7-18

and drug safety action program will be administered in conjunction with alcohol and drug

7-19

programs licensed by the department of mental health retardation and hospitals.

7-20

     (2) Persons convicted under the provisions of this chapter shall be required to attend a

7-21

special course on driving while intoxicated or under the influence of a controlled substance,

7-22

and/or participate in an alcohol or drug treatment program; provided, however, that the court may

7-23

permit a servicemember or veteran to complete any court-approved counseling program

7-24

administered or approved by the Veterans' Administration. The course shall take into

7-25

consideration any language barrier which may exist as to any person ordered to attend, and shall

7-26

provide for instruction reasonably calculated to communicate the purposes of the course in

7-27

accordance with the requirements of the subsection. Any costs reasonably incurred in connection

7-28

with the provision of this accommodation shall be borne by the person being retrained. A copy of

7-29

any violation under this section shall be forwarded by the court to the alcohol and drug safety

7-30

unit. In the event that persons convicted under the provisions of this chapter fail to attend and

7-31

complete the above course or treatment program, as ordered by the judge, then the person may be

7-32

brought before the court, and after a hearing as to why the order of the court was not followed,

7-33

may be sentenced to jail for a period not exceeding one year.

8-34

     (3) The alcohol and drug safety action program within the division of motor vehicles

8-35

shall be funded by general revenue appropriations.

8-36

     (g) The director of the health department of the state of Rhode Island is empowered to

8-37

make and file with the secretary of state regulations which prescribe the techniques and methods

8-38

of chemical analysis of the person's body fluids or breath, and the qualifications and certification

8-39

of individuals authorized to administer this testing and analysis.

8-40

     (h) Jurisdiction for misdemeanor violations of this section shall be with the district court

8-41

for persons eighteen (18) years of age or older and to the family court for persons under the age

8-42

of eighteen (18) years. The courts shall have full authority to impose any sentence authorized and

8-43

to order the suspension of any license for violations of this section. All trials in the district court

8-44

and family court of violations of the section shall be scheduled within thirty (30) days of the

8-45

arraignment date. No continuance or postponement shall be granted except for good cause shown.

8-46

Any continuances that are necessary shall be granted for the shortest practicable time. Trials in

8-47

superior court are not required to be scheduled within thirty (30) days of the arraignment date.

8-48

     (i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on

8-49

driving while intoxicated or under the influence of a controlled substance, public community

8-50

restitution, or jail provided for under this section can be suspended.

8-51

     (j) An order to attend a special course on driving while intoxicated that shall be

8-52

administered in cooperation with a college or university accredited by the state, shall include a

8-53

provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars

8-54

($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into

8-55

the general fund.

8-56

     (k) For the purposes of this section, any test of a sample of blood, breath, or urine for the

8-57

presence of alcohol, which relies in whole or in part upon the principle of infrared light

8-58

absorption is considered a chemical test.

8-59

     (l) If any provision of this section or the application of any provision shall for any reason

8-60

be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the

8-61

section, but shall be confined in this effect to the provision or application directly involved in the

8-62

controversy giving rise to the judgment.

8-63

     (m) For the purposes of this section, "servicemember" means a person who is presently

8-64

serving in the armed forces of the United States including the Coast Guard, a reserve component

8-65

thereof, or the National Guard. "Veteran" means a person who has served in the armed forces,

8-66

including the Coast Guard of the United States, a reserve component thereof, or the National

8-67

Guard, and has been discharged under other than dishonorable conditions.

9-68

     31-27-2.1. Refusal to submit to chemical test. – (a) Any person who operates a motor

9-69

vehicle within this state shall be deemed to have given his or her consent to chemical tests of his

9-70

or her breath, blood, and/or urine for the purpose of determining the chemical content of his or

9-71

her body fluids or breath. No more than two (2) complete tests, one for the presence of

9-72

intoxicating liquor and one for the presence of toluene or any controlled substance, as defined in

9-73

§ 21-28-1.02(7), shall be administered at the direction of a law enforcement officer having

9-74

reasonable grounds to believe the person to have been driving a motor vehicle within this state

9-75

while under the influence of intoxicating liquor, toluene, or any controlled substance, as defined

9-76

in chapter 28 of title 21, or any combination of these. The director of the department of health is

9-77

empowered to make and file with the secretary of state, regulations which prescribe the

9-78

techniques and methods of chemical analysis of the person's body fluids or breath and the

9-79

qualifications and certification of individuals authorized to administer the testing and analysis.

9-80

     (b) If a person for religious or medical reasons cannot be subjected to blood tests, the

9-81

person may file an affidavit with the division of motor vehicles stating the reasons why he or she

9-82

cannot be required to take blood tests, and a notation to this effect shall be made on his or her

9-83

license. If that person is asked to submit to chemical tests as provided under this chapter, the

9-84

person shall only be required to submit to chemical tests of his or her breath or urine. When a

9-85

person is requested to submit to blood tests, only a physician or registered nurse or a medical

9-86

technician certified under regulations promulgated by the director of the department of health

9-87

may withdraw blood for the purpose of determining the alcoholic content in it. This limitation

9-88

shall not apply to the taking of breath or urine specimens. The person tested shall be permitted to

9-89

have a physician of his or her own choosing and at his or her own expense administer chemical

9-90

tests of his or her breath, blood, and/or urine in addition to the tests administered at the direction

9-91

of a law enforcement officer. If a person having been placed under arrest refuses upon the request

9-92

of a law enforcement officer to submit to the tests, as provided in section 31-27-2, none shall be

9-93

given, but a judge of the traffic tribunal or district court judge, upon receipt of a report of a law

9-94

enforcement officer: that he or she had reasonable grounds to believe the arrested person had

9-95

been driving a motor vehicle within this state under the influence of intoxicating liquor, toluene,

9-96

or any controlled substance, as defined in chapter 28 of title 21, or any combination of these; that

9-97

the person had been informed of his or her rights in accordance with section 31-27-3; that the

9-98

person had been informed of the penalties incurred as a result of noncompliance with this section;

9-99

and that the person had refused to submit to the tests upon the request of a law enforcement

9-100

officer; shall promptly order that the person's operator's license or privilege to operate a motor

9-101

vehicle in this state be immediately suspended and that the person's license be surrendered within

9-102

five (5) days of notice of suspension. A traffic tribunal judge or a district court judge pursuant to

10-1

the terms of subsection (c) of this section shall order as follows:

10-2

     (1) Impose for the first violation a fine in the amount of two hundred dollars ($200) to

10-3

five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of

10-4

public community restitution. The person's driving license in this state shall be suspended for a

10-5

period of six (6) months to one year. The traffic tribunal judge shall require attendance at a

10-6

special course on driving while intoxicated or under the influence of a controlled substance and/or

10-7

alcohol or drug treatment for the individual.

10-8

     (2) Every person convicted for a second violation within a five (5) ten (10) year period

10-9

shall be guilty of a misdemeanor, shall be imprisoned for not more than six (6) months and shall

10-10

pay a fine in the amount of six hundred dollars ($600) to one thousand dollars ($1,000), order the

10-11

person to perform sixty (60) to one hundred (100) hours of public community restitution, and the

10-12

person's driving license in this state shall be suspended for a period of one year to two (2) years.

10-13

The judge shall require alcohol and/or drug treatment for the individual.

10-14

     (3) Every person convicted for a third or subsequent violation within a five (5) ten (10)

10-15

year period shall be guilty of a misdemeanor and shall be imprisoned for not more than one year,

10-16

fined eight hundred dollars ($800) to one thousand dollars ($1,000), order the person to perform

10-17

not less than one hundred (100) hours of public community restitution, and the person's operator's

10-18

license in this state shall be suspended for a period of two (2) years to five (5) years. The judge

10-19

shall require alcohol or drug treatment for the individual. Provided, that prior to the reinstatement

10-20

of a license to a person charged with a third or subsequent violation within a three (3) year period,

10-21

a hearing shall be held before a judge. At the hearing the judge shall review the person's driving

10-22

record, his or her employment history, family background, and any other pertinent factors that

10-23

would indicate that the person has demonstrated behavior which warrants the reinstatement of his

10-24

or her license.

10-25

     (4) For purposes of determining the period of license suspension, a prior violation shall

10-26

constitute any charge brought and sustained under the provisions of this section or section 31-27-

10-27

2.

10-28

     (5) In addition to any other fines, a highway safety assessment of five hundred dollars

10-29

($500) shall be paid by any person found in violation of this section, the assessment to be

10-30

deposited into the general fund. The assessment provided for by this subsection shall be collected

10-31

from a violator before any other fines authorized by this section.

10-32

     (6) In addition to any other fines and highway safety assessments, a two hundred dollar

10-33

($200) assessment shall be paid by any person found in violation of this section to support the

10-34

department of health's chemical testing programs outlined in section 31-27-2(4), which shall be

11-1

deposited as general revenues, not restricted receipts.

11-2

     (7) No fines, suspensions, assessments, alcohol or drug treatment programs, course on

11-3

driving while intoxicated or under the influence of a controlled substance, or public community

11-4

restitution provided for under this section, can be suspended.

11-5

     (c) Upon suspending or refusing to issue a license or permit as provided in subsection (a)

11-6

of this section, the traffic tribunal or district court shall immediately notify the person involved in

11-7

writing, and upon his or her request, within fifteen (15) days shall afford the person an

11-8

opportunity for a hearing as early as practical upon receipt of a request in writing. Upon a hearing

11-9

the judge may administer oaths and may issue subpoenas for the attendance of witnesses and the

11-10

production of relevant books and papers. If the judge finds after the hearing that: (1) the law

11-11

enforcement officer making the sworn report had reasonable grounds to believe that the arrested

11-12

person had been driving a motor vehicle within this state while under the influence of intoxicating

11-13

liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any

11-14

combination of these; (2) the person while under arrest refused to submit to the tests upon the

11-15

request of a law enforcement officer; (3) the person had been informed of his or her rights in

11-16

accordance with section 31-27-3; and (4) the person had been informed of the penalties incurred

11-17

as a result of noncompliance with this section; the judge shall sustain the violation. The judge

11-18

shall then impose the penalties set forth in subsection (b) of this section. Action by the judge must

11-19

be taken within seven (7) days after the hearing, or it shall be presumed that the judge has refused

11-20

to issue his or her order of suspension.

11-21

     (d) For the purposes of this section, any test of a sample of blood, breath, or urine for the

11-22

presence of alcohol which relies in whole or in part upon the principle of infrared light absorption

11-23

is considered a chemical test.

11-24

     (e) If any provision of this section or the application of any provision shall for any reason

11-25

be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the section,

11-26

but shall be confined in this effect to the provisions or application directly involved in the

11-27

controversy giving rise to the judgment.

11-28

     SECTION 2. This act shall take effect upon passage.

=======

LC00119

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES

***

12-1

     This act would change the “lookback” period for second and subsequent offenses under

12-2

section 31-27-2, driving under influence of liquor or drugs, and section 31-27-2.1, refusal to

12-3

submit to chemical test, from five (5) to ten (10) years.

12-4

     This act would take effect upon passage.

=======

LC00119

=======