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2012 -- H 7849 SUBSTITUTE B | |
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LC01806/SUB B | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES | |
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Introduced By: Representatives O`Neill, Lally, and Petrarca | |
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Date Introduced: February 28, 2012 | |
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Referred To: House Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Sections 31-27-2, 31-27-2.1 and 31-27-2.8 of the General Laws in Chapter |
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31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows: |
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31-27-2. Driving under influence of liquor or drugs. -- (a) Whoever drives or |
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otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, |
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drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any |
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combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3) |
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and shall be punished as provided in subsection (d) of this section. |
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(b) (1) Any person charged under subsection (a) of this section whose blood alcohol |
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concentration is eight one-hundredths of one percent (.08%) or more by weight as shown by a |
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chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of |
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this section. This provision shall not preclude a conviction based on other admissible evidence. |
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Proof of guilt under this section may also be based on evidence that the person charged was under |
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the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter |
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28 of title 21, or any combination of these, to a degree which rendered the person incapable of |
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safely operating a vehicle. The fact that any person charged with violating this section is or has |
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been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of |
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violating this section. |
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(2) Whoever drives or otherwise operates any vehicle in the state with a blood presence |
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of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by |
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analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as |
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provided in subsection (d) of this section. |
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(c) In any criminal prosecution for a violation of subsection (a) of this section, evidence |
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as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter |
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28 of title 21, or any combination of these, in the defendant's blood at the time alleged as shown |
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by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance shall be |
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admissible and competent, provided that evidence is presented that the following conditions have |
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been complied with: |
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(1) The defendant has consented to the taking of the test upon which the analysis is |
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made. Evidence that the defendant had refused to submit to the test shall not be admissible unless |
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the defendant elects to testify. |
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(2) A true copy of the report of the test result was mailed within seventy-two (72) hours |
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of the taking of the test to the person submitting to a breath test. |
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(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall |
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have a true copy of the report of the test result mailed to him or her within thirty (30) days |
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following the taking of the test. |
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(4) The test was performed according to methods and with equipment approved by the |
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director of the department of health of the state of Rhode Island and by an authorized individual. |
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(5) Equipment used for the conduct of the tests by means of breath analysis had been |
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tested for accuracy within thirty (30) days preceding the test by personnel qualified as |
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hereinbefore provided, and breathalyzer operators shall be qualified and certified by the |
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department of health within three hundred sixty-five (365) days of the test. |
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(6) The person arrested and charged with operating a motor vehicle while under the |
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influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of |
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title 21, or, any combination of these in violation of subsection (a) of this section was afforded the |
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opportunity to have an additional chemical test. The officer arresting or so charging the person |
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shall have informed the person of this right and afforded him or her a reasonable opportunity to |
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exercise this right, and a notation to this effect is made in the official records of the case in the |
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police department. Refusal to permit an additional chemical test shall render incompetent and |
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inadmissible in evidence the original report. |
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(d) (1) (i) Every person found to have violated subdivision (b)(1) of this section shall be |
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sentenced as follows: for a first violation whose blood alcohol concentration is eight one- |
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hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) by weight or who |
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has a blood presence of any scheduled controlled substance as defined in subdivision (b)(2) shall |
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be subject to a fine of not less than one hundred dollars ($100) nor more than three hundred |
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dollars ($300), shall be required to perform ten (10) to sixty (60) hours of public community |
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restitution, and/or shall be imprisoned for up to one year. The sentence may be served in any unit |
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of the adult correctional institutions in the discretion of the sentencing judge and/or shall be |
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required to attend a special course on driving while intoxicated or under the influence of a |
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controlled substance; provided, however, that the court may permit a servicemember or veteran to |
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complete any court-approved counseling program administered or approved by the Veterans' |
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Administration, and his or her driver's license shall be suspended for thirty (30) days up to one |
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hundred eighty (180) days. The sentencing judge may prohibit that person from operating a motor |
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vehicle that is not equipped with an ignition interlock system as provided in section 31-27-2.8. |
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(ii) Every person convicted of a first violation whose blood alcohol concentration is one- |
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tenth of one percent (.1%) by weight or above but less than fifteen hundredths of one percent |
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(.15%) or whose blood alcohol concentration is unknown shall be subject to a fine of not less than |
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one hundred ($100) dollars nor more than four hundred dollars ($400) and shall be required to |
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perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned |
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for up to one year. The sentence may be served in any unit of the adult correctional institutions in |
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the discretion of the sentencing judge. The person's driving license shall be suspended for a |
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period of three (3) months to twelve (12) months. The sentencing judge shall require attendance |
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at a special course on driving while intoxicated or under the influence of a controlled substance |
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and/or alcoholic or drug treatment for the individual; provided, however, that the court may |
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permit a servicemember or veteran to complete any court-approved counseling program |
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administered or approved by the Veterans' Administration. The sentencing judge shall prohibit |
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that person from operating a motor vehicle that is not equipped with an ignition interlock system |
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as provided in section 31-27-2.8. |
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(iii) Every person convicted of a first offense whose blood alcohol concentration is |
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fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug, |
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toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to a fine of |
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five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of |
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public community restitution and/or shall be imprisoned for up to one year. The sentence may be |
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served in any unit of the adult correctional institutions in the discretion of the sentencing judge. |
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The person's driving license shall be suspended for a period of three (3) months to eighteen (18) |
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months. The sentencing judge shall require attendance at a special course on driving while |
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intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for |
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the individual; provided, however, that the court may permit a servicemember or veteran to |
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complete any court-approved counseling program administered or approved by the Veterans' |
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Administration. The sentencing judge may prohibit that person from operating a motor vehicle |
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that is not equipped with an ignition interlock system as provided in section 31-27-2.8. |
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(2) (i) Every person convicted of a second violation within a five (5) year period with a |
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blood alcohol concentration of eight one-hundredths of one percent (.08%) or above but less than |
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fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is unknown or |
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who has a blood presence of any controlled substance as defined in subdivision (b)(2), and every |
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person convicted of a second violation within a five (5) year period regardless of whether the |
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prior violation and subsequent conviction was a violation and subsequent conviction under this |
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statute or under the driving under the influence of liquor or drugs statute of any other state, shall |
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be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall |
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be suspended for a period of one year to two (2) years, and the individual shall be sentenced to |
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not less than ten (10) days nor more than one year in jail. The sentence may be served in any unit |
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of the adult correctional institutions in the discretion of the sentencing judge; however, not less |
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than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge |
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shall require alcohol or drug treatment for the individual; provided, however, that the court may |
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permit a servicemember or veteran to complete any court-approved counseling program |
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administered or approved by the Veterans' Administration. |
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equipped with an ignition interlock system as provided in section 31-27-2.8. |
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(ii) Every person convicted of a second violation within a five (5) year period whose |
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blood alcohol concentration is fifteen hundredths of one percent (.15%) or above by weight as |
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shown by a chemical analysis of a blood, breath, or urine sample or who is under the influence of |
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a drug, toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to |
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mandatory imprisonment of not less than six (6) months nor more than one year, a mandatory fine |
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of not less than one thousand dollars ($1,000) and a mandatory license suspension for a period of |
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two (2) years from the date of completion of the sentence imposed under this subsection. The |
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sentencing judge shall require alcohol or drug treatment for the individual; provided, however, |
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that the court may permit a servicemember or veteran to complete any court approved counseling |
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program administered or approved by the Veterans' Administration. The sentencing judge shall |
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prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock |
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system as provided in section 31-27-2.8. |
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(3) (i) Every person convicted of a third or subsequent violation within a five (5) year |
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period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above |
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but less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is |
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unknown or who has a blood presence of any scheduled controlled substance as defined in |
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subdivision (b)(2) regardless of whether any prior violation and subsequent conviction was a |
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violation and subsequent conviction under this statute or under the driving under the influence of |
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liquor or drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory |
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fine of four hundred ($400) dollars. The person's driving license shall be suspended for a period |
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of two (2) years to three (3) years, and the individual shall be sentenced to not less than one year |
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and not more than three (3) years in jail. The sentence may be served in any unit of the adult |
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correctional institutions in the discretion of the sentencing judge; however, not less than forty- |
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eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall |
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require alcohol or drug treatment for the individual; provided, however, that the court may permit |
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a servicemember or veteran to complete any court-approved counseling program administered or |
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approved by the Veterans' Administration, and |
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motor vehicle that is not equipped with an ignition interlock system for a period of two (2) years |
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following the completion of the sentence as provided in section 31-27-2.8. |
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(ii) Every person convicted of a third or subsequent violation within a five (5) year |
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period whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by |
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weight as shown by a chemical analysis of a blood, breath, or urine sample or who is under the |
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influence of a drug, toluene or any controlled substance as defined in subdivision (b)(1) shall be |
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subject to mandatory imprisonment of not less than three (3) years nor more than five (5) years, a |
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mandatory fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars |
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($5,000) and a mandatory license suspension for a period of three (3) years from the date of |
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completion of the sentence imposed under this subsection. The sentencing judge shall require |
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alcohol or drug treatment for the individual. The sentencing judge may prohibit that person from |
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operating a motor vehicle that is not equipped with an ignition interlock system as provided in |
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section 31-27-2.8. |
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(iii) In addition to the foregoing penalties, every person convicted of a third or |
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subsequent violation within a five (5) year period regardless of whether any prior violation and |
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subsequent conviction was a violation and subsequent conviction under this statute or under the |
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driving under the influence of liquor or drugs statute of any other state shall be subject, in the |
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discretion of the sentencing judge, to having the vehicle owned and operated by the violator |
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seized and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred |
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to the general fund. |
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(4) Whoever drives or otherwise operates any vehicle in the state while under the |
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influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in |
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chapter 28 of title 21, or any combination of these, when his or her license to operate is |
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suspended, revoked or cancelled for operating under the influence of a narcotic drug or |
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intoxicating liquor shall be guilty of a felony punishable by imprisonment for not more than three |
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(3) years and by a fine or not more than three thousand dollars ($3,000). The court shall require |
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alcohol and/or drug treatment for the individual; provided, the penalties provided for in |
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subdivision 31-27-2(d)(4) shall not apply to an individual who has surrendered his or her license, |
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and served the court ordered period of suspension, but who, for any reason, has not had their |
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license reinstated after the period of suspension, revocation, or suspension has expired; provided, |
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further the individual shall be subject to the provisions of paragraphs 31-27-2(d)(2)(i) or (ii) or |
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31-27-22(d)(3)(i), (ii), or (iii) regarding subsequent offenses, and any other applicable provision |
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of section 31-27-2. |
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(5) (i) For purposes of determining the period of license suspension, a prior violation |
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shall constitute any charge brought and sustained under the provisions of this section or section |
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31-27-2.1. |
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(ii) Any person over the age of eighteen (18) who is convicted under this section for |
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operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of |
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these, while a child under the age of thirteen (13) years was present as a passenger in the motor |
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vehicle when the offense was committed may be sentenced to a term of imprisonment of not more |
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than one year and further shall not be entitled to the benefit of suspension or deferment of this |
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sentence. The sentence imposed under this section may be served in any unit of the adult |
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correctional institutions in the discretion of the sentencing judge. |
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(6) (i) Any person convicted of a violation under this section shall pay a highway |
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assessment fine of five hundred dollars ($500) which shall be deposited into the general fund. The |
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assessment provided for by this subsection shall be collected from a violator before any other |
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fines authorized by this section. |
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(ii) Any person convicted of a violation under this section shall be assessed a fee of |
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eighty-six dollars ($86). |
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(7) (i) If the person convicted of violating this section is under the age of eighteen (18) |
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years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of |
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public community restitution, and the juvenile's driving license shall be suspended for a period of |
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six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing |
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judge shall also require attendance at a special course on driving while intoxicated or under the |
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influence of a controlled substance and alcohol or drug education and/or treatment for the |
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juvenile. The juvenile may also be required to pay a highway assessment fine of no more than |
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five hundred dollars ($500), and the assessment imposed shall be deposited into the general fund. |
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(ii) If the person convicted of violating this section is under the age of eighteen (18) |
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years, for a second or subsequent violation regardless of whether any prior violation and |
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subsequent conviction was a violation and subsequent under this statute or under the driving |
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under the influence of liquor or drugs statute of any other state, he or she shall be subject to a |
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mandatory suspension of his or her driving license until such time as he or she is twenty-one (21) |
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years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode |
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Island training school for a period of not more than one year and/or a fine of not more than five |
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hundred dollars ($500). |
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(8) Any person convicted of a violation under this section may undergo a clinical |
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assessment at the community college of Rhode Island 's center for workforce and community |
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education. Should this clinical assessment determine problems of alcohol, drug abuse, or |
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psychological problems associated with alcoholic or drug abuse, this person shall be referred to |
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an appropriate facility, licensed or approved by the department of mental health, retardation and |
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hospitals for treatment placement, case management, and monitoring. In the case of a |
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servicemember or veteran, the court may order that the person be evaluated through the Veterans' |
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Administration. Should the clinical assessment determine problems of alcohol, drug abuse, or |
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psychological problems associated with alcohol or drug abuse, the person may have their |
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treatment, case management and monitoring administered or approved by the Veterans' |
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Administration. |
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(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol |
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per one hundred (100) cubic centimeters of blood. |
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(f) (1) There is established an alcohol and drug safety unit within the division of motor |
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vehicles to administer an alcohol safety action program. The program shall provide for placement |
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and follow-up for persons who are required to pay the highway safety assessment. The alcohol |
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and drug safety action program will be administered in conjunction with alcohol and drug |
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programs licensed by the department of mental health retardation and hospitals. |
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(2) Persons convicted under the provisions of this chapter shall be required to attend a |
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special course on driving while intoxicated or under the influence of a controlled substance, |
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and/or participate in an alcohol or drug treatment program; provided, however, that the court may |
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7-33 |
permit a servicemember or veteran to complete any court-approved counseling program |
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7-34 |
administered or approved by the Veterans' Administration. The course shall take into |
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consideration any language barrier which may exist as to any person ordered to attend, and shall |
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provide for instruction reasonably calculated to communicate the purposes of the course in |
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accordance with the requirements of the subsection. Any costs reasonably incurred in connection |
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with the provision of this accommodation shall be borne by the person being retrained. A copy of |
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any violation under this section shall be forwarded by the court to the alcohol and drug safety |
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unit. In the event that persons convicted under the provisions of this chapter fail to attend and |
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complete the above course or treatment program, as ordered by the judge, then the person may be |
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brought before the court, and after a hearing as to why the order of the court was not followed, |
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may be sentenced to jail for a period not exceeding one year. |
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(3) The alcohol and drug safety action program within the division of motor vehicles |
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shall be funded by general revenue appropriations. |
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(g) The director of the health department of the state of Rhode Island is empowered to |
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8-13 |
make and file with the secretary of state regulations which prescribe the techniques and methods |
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of chemical analysis of the person's body fluids or breath, and the qualifications and certification |
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8-15 |
of individuals authorized to administer this testing and analysis. |
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(h) Jurisdiction for misdemeanor violations of this section shall be with the district court |
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for persons eighteen (18) years of age or older and to the family court for persons under the age |
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of eighteen (18) years. The courts shall have full authority to impose any sentence authorized and |
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to order the suspension of any license for violations of this section. All trials in the district court |
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and family court of violations of the section shall be scheduled within thirty (30) days of the |
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8-21 |
arraignment date. No continuance or postponement shall be granted except for good cause shown. |
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Any continuances that are necessary shall be granted for the shortest practicable time. Trials in |
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superior court are not required to be scheduled within thirty (30) days of the arraignment date. |
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(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on |
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8-25 |
driving while intoxicated or under the influence of a controlled substance, public community |
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restitution, or jail provided for under this section can be suspended. |
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8-27 |
(j) An order to attend a special course on driving while intoxicated that shall be |
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8-28 |
administered in cooperation with a college or university accredited by the state, shall include a |
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8-29 |
provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars |
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($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into |
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the general fund. |
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(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the |
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8-33 |
presence of alcohol, which relies in whole or in part upon the principle of infrared light |
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8-34 |
absorption is considered a chemical test. |
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9-1 |
(l) If any provision of this section or the application of any provision shall for any reason |
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9-2 |
be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the |
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9-3 |
section, but shall be confined in this effect to the provision or application directly involved in the |
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controversy giving rise to the judgment. |
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(m) For the purposes of this section, "servicemember" means a person who is presently |
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serving in the armed forces of the United States including the Coast Guard, a reserve component |
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9-7 |
thereof, or the National Guard. "Veteran" means a person who has served in the armed forces, |
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9-8 |
including the Coast Guard of the United States, a reserve component thereof, or the National |
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9-9 |
Guard, and has been discharged under other than dishonorable conditions. |
|
9-10 |
31-27-2.1. Refusal to submit to chemical test. -- (a) Any person who operates a motor |
|
9-11 |
vehicle within this state shall be deemed to have given his or her consent to chemical tests of his |
|
9-12 |
or her breath, blood, and/or urine for the purpose of determining the chemical content of his or |
|
9-13 |
her body fluids or breath. No more than two (2) complete tests, one for the presence of |
|
9-14 |
intoxicating liquor and one for the presence of toluene or any controlled substance, as defined in |
|
9-15 |
section 21-28-1.02(7), shall be administered at the direction of a law enforcement officer having |
|
9-16 |
reasonable grounds to believe the person to have been driving a motor vehicle within this state |
|
9-17 |
while under the influence of intoxicating liquor, toluene, or any controlled substance, as defined |
|
9-18 |
in chapter 28 of title 21, or any combination of these. The director of the department of health is |
|
9-19 |
empowered to make and file with the secretary of state, regulations which prescribe the |
|
9-20 |
techniques and methods of chemical analysis of the person's body fluids or breath and the |
|
9-21 |
qualifications and certification of individuals authorized to administer the testing and analysis. |
|
9-22 |
(b) If a person for religious or medical reasons cannot be subjected to blood tests, the |
|
9-23 |
person may file an affidavit with the division of motor vehicles stating the reasons why he or she |
|
9-24 |
cannot be required to take blood tests, and a notation to this effect shall be made on his or her |
|
9-25 |
license. If that person is asked to submit to chemical tests as provided under this chapter, the |
|
9-26 |
person shall only be required to submit to chemical tests of his or her breath or urine. When a |
|
9-27 |
person is requested to submit to blood tests, only a physician or registered nurse or a medical |
|
9-28 |
technician certified under regulations promulgated by the director of the department of health |
|
9-29 |
may withdraw blood for the purpose of determining the alcoholic content in it. This limitation |
|
9-30 |
shall not apply to the taking of breath or urine specimens. The person tested shall be permitted to |
|
9-31 |
have a physician of his or her own choosing and at his or her own expense administer chemical |
|
9-32 |
tests of his or her breath, blood, and/or urine in addition to the tests administered at the direction |
|
9-33 |
of a law enforcement officer. If a person having been placed under arrest refuses upon the request |
|
9-34 |
of a law enforcement officer to submit to the tests, as provided in section 31-27-2, none shall be |
|
10-1 |
given, but a judge or magistrate of the traffic tribunal or district court judge, upon receipt of a |
|
10-2 |
report of a law enforcement officer: that he or she had reasonable grounds to believe the arrested |
|
10-3 |
person had been driving a motor vehicle within this state under the influence of intoxicating |
|
10-4 |
liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any |
|
10-5 |
combination of these; that the person had been informed of his or her rights in accordance with |
|
10-6 |
section 31-27-3; that the person had been informed of the penalties incurred as a result of |
|
10-7 |
noncompliance with this section; and that the person had refused to submit to the tests upon the |
|
10-8 |
request of a law enforcement officer; shall promptly order that the person's operator's license or |
|
10-9 |
privilege to operate a motor vehicle in this state be immediately suspended and that the person's |
|
10-10 |
license be surrendered within five (5) days of notice of suspension. A traffic tribunal judge or |
|
10-11 |
magistrate or a district court judge pursuant to the terms of subsection (c) of this section shall |
|
10-12 |
order as follows: |
|
10-13 |
(1) Impose for the first violation a fine in the amount of two hundred dollars ($200) to |
|
10-14 |
five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of |
|
10-15 |
public community restitution. The person's driving license in this state shall be suspended for a |
|
10-16 |
period of six (6) months to one year. The traffic tribunal judge or magistrate shall require |
|
10-17 |
attendance at a special course on driving while intoxicated or under the influence of a controlled |
|
10-18 |
substance and/or alcohol or drug treatment for the individual. The traffic tribunal judge or |
|
10-19 |
magistrate may prohibit that person from operating a motor vehicle that is not equipped with an |
|
10-20 |
ignition interlock system as provided in section 31-27-2.8. |
|
10-21 |
(2) Every person convicted for a second violation within a five (5) year period shall be |
|
10-22 |
guilty of a misdemeanor, shall be imprisoned for not more than six (6) months and shall pay a |
|
10-23 |
fine in the amount of six hundred dollars ($600) to one thousand dollars ($1,000), order the |
|
10-24 |
person to perform sixty (60) to one hundred (100) hours of public community restitution, and the |
|
10-25 |
person's driving license in this state shall be suspended for a period of one year to two (2) years. |
|
10-26 |
The judge shall require alcohol and/or drug treatment for the individual. The judge shall prohibit |
|
10-27 |
that person from operating a motor vehicle that is not equipped with an ignition interlock system |
|
10-28 |
as provided in section 31-27-2.8. |
|
10-29 |
(3) Every person convicted for a third or subsequent violation within a five (5) year |
|
10-30 |
period shall be guilty of a misdemeanor and shall be imprisoned for not more than one year, fined |
|
10-31 |
eight hundred dollars ($800) to one thousand dollars ($1,000), order the person to perform not |
|
10-32 |
less than one hundred (100) hours of public community restitution, and the person's operator's |
|
10-33 |
license in this state shall be suspended for a period of two (2) years to five (5) years. The judge |
|
10-34 |
shall require alcohol or drug treatment for the individual. The judge shall prohibit that person |
|
11-1 |
from operating a motor vehicle that is not equipped with an ignition interlock system as provided |
|
11-2 |
in section 31-27-2.8. Provided, that prior to the reinstatement of a license to a person charged |
|
11-3 |
with a third or subsequent violation within a three (3) year period, a hearing shall be held before a |
|
11-4 |
judge. At the hearing the judge shall review the person's driving record, his or her employment |
|
11-5 |
history, family background, and any other pertinent factors that would indicate that the person has |
|
11-6 |
demonstrated behavior which warrants the reinstatement of his or her license. |
|
11-7 |
(4) For purposes of determining the period of license suspension, a prior violation shall |
|
11-8 |
constitute any charge brought and sustained under the provisions of this section or section 31-27- |
|
11-9 |
2. |
|
11-10 |
(5) In addition to any other fines, a highway safety assessment of five hundred dollars |
|
11-11 |
($500) shall be paid by any person found in violation of this section, the assessment to be |
|
11-12 |
deposited into the general fund. The assessment provided for by this subsection shall be collected |
|
11-13 |
from a violator before any other fines authorized by this section. |
|
11-14 |
(6) In addition to any other fines and highway safety assessments, a two hundred dollar |
|
11-15 |
($200) assessment shall be paid by any person found in violation of this section to support the |
|
11-16 |
department of health's chemical testing programs outlined in section 31-27-2(4), which shall be |
|
11-17 |
deposited as general revenues, not restricted receipts. |
|
11-18 |
(7) No fines, suspensions, assessments, alcohol or drug treatment programs, course on |
|
11-19 |
driving while intoxicated or under the influence of a controlled substance, or public community |
|
11-20 |
restitution provided for under this section, can be suspended. |
|
11-21 |
(c) Upon suspending or refusing to issue a license or permit as provided in subsection (a) |
|
11-22 |
of this section, the traffic tribunal or district court shall immediately notify the person involved in |
|
11-23 |
writing, and upon his or her request, within fifteen (15) days shall afford the person an |
|
11-24 |
opportunity for a hearing as early as practical upon receipt of a request in writing. Upon a hearing |
|
11-25 |
the judge may administer oaths and may issue subpoenas for the attendance of witnesses and the |
|
11-26 |
production of relevant books and papers. If the judge finds after the hearing that: (1) the law |
|
11-27 |
enforcement officer making the sworn report had reasonable grounds to believe that the arrested |
|
11-28 |
person had been driving a motor vehicle within this state while under the influence of intoxicating |
|
11-29 |
liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any |
|
11-30 |
combination of these; (2) the person while under arrest refused to submit to the tests upon the |
|
11-31 |
request of a law enforcement officer; (3) the person had been informed of his or her rights in |
|
11-32 |
accordance with section 31-27-3; and (4) the person had been informed of the penalties incurred |
|
11-33 |
as a result of noncompliance with this section; the judge shall sustain the violation. The judge |
|
11-34 |
shall then impose the penalties set forth in subsection (b) of this section. Action by the judge must |
|
12-1 |
be taken within seven (7) days after the hearing, or it shall be presumed that the judge has refused |
|
12-2 |
to issue his or her order of suspension. |
|
12-3 |
(d) For the purposes of this section, any test of a sample of blood, breath, or urine for the |
|
12-4 |
presence of alcohol which relies in whole or in part upon the principle of infrared light absorption |
|
12-5 |
is considered a chemical test. |
|
12-6 |
(e) If any provision of this section or the application of any provision shall for any |
|
12-7 |
reason be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the |
|
12-8 |
section, but shall be confined in this effect to the provisions or application directly involved in the |
|
12-9 |
controversy giving rise to the judgment. |
|
12-10 |
31-27-2.8. Ignition interlock system imposed as part of sentence -- Requirements. – |
|
12-11 |
(a) Any person convicted under the provisions of section 31-27-2(d)(1), (2) or (3) or section 31- |
|
12-12 |
27-2.1(b)(2) or (3) or whose violation is sustained under the provisions of section 31-27-2.1(b)(1) |
|
12-13 |
may be prohibited by the sentencing judge or magistrate from operating a motor vehicle that is |
|
12-14 |
not equipped with an ignition interlock system |
|
12-15 |
|
|
12-16 |
(b) Notwithstanding any other provisions contained in this chapter, after a funding of |
|
12-17 |
eligibility, any mandatory period of license suspension may be reduced by the imposition of an |
|
12-18 |
ignition interlock system ordered by the court or traffic tribunal as follows: |
|
12-19 |
(1) For a violation of section 31-27-2(d)(1) or section 31-27-2.1 (b)(1), a person shall be |
|
12-20 |
subject to a minimum thirty (30) day license suspension and the imposition of an ignition |
|
12-21 |
interlock system for three (3) months to one year. |
|
12-22 |
(2) For a violation of section 31-27-2(d)(2) or section 31-27-2.1 (b)(2), a person shall be |
|
12-23 |
subject to a minimum forty-five (45) day license suspension and the imposition of an ignition |
|
12-24 |
interlock system for six (6) months to two (2) years. |
|
12-25 |
(3) For a violation of section 31-27-2(d)(3) or section 31-27-2.1(b)(3), a person shall be |
|
12-26 |
subject to a minimum sixty (60) day suspension and the imposition of an ignition interlock |
|
12-27 |
system for a period of one to four (4) years. |
|
12-28 |
(c) Any person convicted of an offense of driving under the influence of liquor or drugs |
|
12-29 |
resulting in death, section 31-27-2.2, driving under the influence of liquor or drugs resulting in |
|
12-30 |
serious bodily injury, section 31-27-2.6, driving to endanger resulting in death, section 31-27-1, |
|
12-31 |
or driving to endanger resulting in serious bodily injury, section 31-27-1.1 shall, in addition to |
|
12-32 |
any other penalties provided by law, be prohibited from operating a motor vehicle which is not |
|
12-33 |
equipped with an approved ignition interlock system for one to five (5) years. |
|
13-34 |
(d) Any person who operates a motor vehicle with a suspended license and the reason for |
|
13-35 |
the suspension was due to a conviction of driving under the influence of drugs or alcohol or a |
|
13-36 |
sustained violation or conviction of refusal to submit to a chemical test, shall be subject to the |
|
13-37 |
imposition of an additional six (6) month’s use of the ignition interlock system ordered by the |
|
13-38 |
court. |
|
13-39 |
(e) When the court orders the use of an ignition interlock system, the judge or magistrate |
|
13-40 |
shall cause an appropriate notation to be made on the person's record which clearly sets forth the |
|
13-41 |
requirement for and the period of the use of the ignition interlock system. |
|
13-42 |
(f) In addition to the requirements of subsection (e) of this section, the court or traffic |
|
13-43 |
tribunal shall: |
|
13-44 |
(1) Require proof of the installation of the ignition interlock system and periodic |
|
13-45 |
reporting by the person for the purpose of verification of the proper operation of the ignition |
|
13-46 |
interlock system; |
|
13-47 |
(2) Require the person to have the ignition interlock system monitored for the proper use |
|
13-48 |
and accuracy by a person, firm, corporation or other association to be approved by the division of |
|
13-49 |
motor vehicles at least once every six (6) months, or more frequently as the circumstances may |
|
13-50 |
require; and |
|
13-51 |
(3) Shall require the person to pay the reasonable cost of leasing or buying, monitoring |
|
13-52 |
and maintenance of the ignition interlock system unless the defendant is indigent as defined by |
|
13-53 |
sections 12-20-10 and 12-21-20. |
|
13-54 |
(g) If a person is required, in the course of the person's employment, to operate a motor |
|
13-55 |
vehicle owned or provided by the person's employer, the person may operate that motor vehicle |
|
13-56 |
in the course of the person's employment without installation of an ignition interlock system if the |
|
13-57 |
court makes specific findings expressly permitting the person to operate in the course of the |
|
13-58 |
person's employment a motor vehicle that is not equipped with an ignition interlock system. |
|
13-59 |
(h) Any person subject to an ignition interlock order who violates such order shall be |
|
13-60 |
guilty of a misdemeanor punishable by up to one year imprisonment or a fine of up to one |
|
13-61 |
thousand dollars ($1,000), or both. For the purposes of this subsection, a violation of the interlock |
|
13-62 |
order, includes, but is not limited to: |
|
13-63 |
(1) Altering, tampering or in any way attempting to circumvent the operation of an |
|
13-64 |
ignition interlock system that has been installed in the motor vehicle of a person under this |
|
13-65 |
section; |
|
13-66 |
(2) Operating a motor vehicle that is not equipped with an ignition interlock system; |
|
13-67 |
(3) Soliciting or attempting to have another person start a motor vehicle equipped with an |
|
13-68 |
ignition interlock system for the purpose of providing an operable motor vehicle to a person who |
|
14-1 |
is prohibited from operating a motor vehicle that is not equipped with an ignition interlock |
|
14-2 |
system; or |
|
14-3 |
(4) Operating a motor vehicle with a blood alcohol level above the mandated interlock |
|
14-4 |
blood alcohol level. |
|
14-5 |
(i) Any person who attempts to start or starts a motor vehicle equipped with an ignition |
|
14-6 |
interlock system, tampers with or in any way attempts to circumvent, the operation of an ignition |
|
14-7 |
interlock system that has been installed in the motor vehicle for the purpose of providing an |
|
14-8 |
operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not |
|
14-9 |
equipped with an ignition interlock system shall be guilty of a misdemeanor punishable by up to |
|
14-10 |
one year imprisonment or a fine of up to one thousand dollars ($1,000), or both. |
|
14-11 |
SECTION 2. Sections 31-49-2, 31-49-3, 31-49-4, 31-49-5 and 31-49-6 of the General |
|
14-12 |
Laws in Chapter 31-49 entitled "Ignition Interlock Systems" are hereby amended to read as |
|
14-13 |
follows: |
|
14-14 |
31-49-2. Certification of ignition interlock systems. -- The division of motor vehicles |
|
14-15 |
shall certify or cause to be certified ignition interlock systems for use in the state, and adopt rules |
|
14-16 |
and regulations for the certification and requirements for participation of the ignition interlock |
|
14-17 |
systems. All costs associated with the installation of the interlock ignition systems shall be borne |
|
14-18 |
by the person required to install said system and the division shall charge an administrative fee of |
|
14-19 |
one hundred dollars ($100) to the person ordered to install said system unless the defendant is |
|
14-20 |
indigent as defined by sections 12-20-10 and 12-21-20. |
|
14-21 |
31-49-3. Rules and regulations. -- The rules and regulations adopted pursuant to section |
|
14-22 |
31-49-2 shall include |
|
14-23 |
(a) Requirements that ignition interlocks systems: |
|
14-24 |
(1) Do not impede the safe operation of the vehicle; |
|
14-25 |
(2) Minimize opportunities to be bypassed; |
|
14-26 |
(3) Correlate accurately with established measures of blood alcohol levels; |
|
14-27 |
(4) Work accurately and reliably in an unsupervised environment; |
|
14-28 |
(5) Require a proper and accurate measure of blood alcohol levels; |
|
14-29 |
(6) Resist tampering and provide evidence of attempted tampering; |
|
14-30 |
(7) Are difficult to circumvent, and require premeditation to circumvent; |
|
14-31 |
(8) Minimize inconvenience to a sober user; |
|
14-32 |
(9) Are manufactured by a party responsible for installation, user training, service and |
|
14-33 |
maintenance; |
|
15-34 |
(10) Operate reliably over the range of motor vehicle environments or motor vehicle |
|
15-35 |
manufacturing standards; |
|
15-36 |
(11) Are manufactured by a person who is adequately insured for products liability; and |
|
15-37 |
(12) Provide the option for an electronic log of the driver's experience with the system. |
|
15-38 |
(b) Prior to the reinstatement of a non-restricted license, the division of motor vehicles |
|
15-39 |
shall review the person’s driving record and compliance with the ignition interlock order to |
|
15-40 |
ensure that the person demonstrated behavior which warrants the reinstatement of his or her |
|
15-41 |
license. |
|
15-42 |
31-49-4. Warning label. -- (a) (1) The division of motor vehicles shall design and adopt |
|
15-43 |
a warning label to be affixed to an ignition interlock system on installation. The warning label |
|
15-44 |
shall state that a person tampering with, circumventing, or otherwise misusing the ignition |
|
15-45 |
interlock system is guilty of a misdemeanor, and on conviction, is subject to a fine up to |
|
15-46 |
|
|
15-47 |
|
|
15-48 |
|
|
15-49 |
|
|
15-50 |
|
|
15-51 |
|
|
15-52 |
|
|
15-53 |
|
|
15-54 |
|
|
15-55 |
|
|
15-56 |
|
|
15-57 |
|
|
15-58 |
|
|
15-59 |
|
|
15-60 |
|
|
15-61 |
|
|
15-62 |
|
|
15-63 |
|
|
15-64 |
|
|
15-65 |
|
|
15-66 |
|
|
15-67 |
|
|
16-68 |
|
|
16-69 |
|
|
16-70 |
|
|
16-71 |
|
|
16-72 |
|
|
16-73 |
|
|
16-74 |
|
|
16-75 |
|
|
16-76 |
|
|
16-77 |
|
|
16-78 |
|
|
16-79 |
31-49-5. List of certified ignition interlock systems. -- (a) The administration division |
|
16-80 |
of motor vehicles shall publish a list of certified ignition interlock systems which shall be |
|
16-81 |
included on the division of motor vehicles website. |
|
16-82 |
(b) A manufacturer of an ignition interlock system that seeks to sell or lease the ignition |
|
16-83 |
interlock system to persons subject to the provisions of section 31-27-2 shall pay the costs of |
|
16-84 |
obtaining the required certification. |
|
16-85 |
(c) Said manufacturer who shall install and monitor said systems shall be approved by the |
|
16-86 |
division of motor vehicles every year. Said manufacturer shall also submit quarterly reports |
|
16-87 |
concerning proof of installation and proper use of said ignition interlock systems to the division |
|
16-88 |
of motor vehicles, which will be aggregated by the division of motor vehicles and sent to the |
|
16-89 |
appropriate court. |
|
16-90 |
31-49-6. Selling or leasing ignition interlock systems. -- (a) A person may not sell or |
|
16-91 |
lease or offer to sell or lease an ignition interlock system to a person subject to the provisions of |
|
16-92 |
section |
|
16-93 |
(1) The system has been certified by the |
|
16-94 |
(2) A warning label approved by the |
|
16-95 |
the system stating that a person who tampers, circumvents, or otherwise misuses the system is |
|
16-96 |
guilty of a misdemeanor, and on conviction is subject to a fine up to |
|
16-97 |
one thousand dollars ($1,000), or one year imprisonment, or both. |
|
16-98 |
(b) A person who sells or leases ignition interlock systems in the state shall: |
|
16-99 |
(1) Monitor the use of the system as required by the |
|
16-100 |
and |
|
16-101 |
(2) Issue a report of the results of the monitoring to the appropriate office of the courts, |
|
16-102 |
the traffic tribunal and the division of parole and probation. |
|
17-1 |
SECTION 3. This act shall take effect on January 1, 2013. |
|
| |
|
======= | |
|
LC01806/SUB B | |
|
======== | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES | |
|
*** | |
|
18-1 |
This act would grant judges and magistrates the authority to prohibit drivers adjudicated |
|
18-2 |
of certain motor vehicle offenses from operating a motor vehicle that is not equipped with an |
|
18-3 |
ignition interlock system. |
|
18-4 |
This act would take effect on January 1, 2013. |
|
| |
|
======= | |
|
LC01806/SUB B | |
|
======= |