2018 -- S 2574

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LC003832

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- SCHOOL BUSES--IGNITION

INTERLOCK SYSTEMS

     

     Introduced By: Senators Raptakis, Sosnowski, and Morgan

     Date Introduced: March 01, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 31-51 of the General Laws entitled "School Bus Safety

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Enforcement" is hereby amended by adding thereto the following section:

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     31-51-2.3. Ignition interlock systems for school buses.

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     (a) Every school bus as defined in § 31-1-3 shall be equipped with an ignition interlock

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system that has been certified by the division of motor vehicles.

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     (b) A warning label as described in § 31-49-4 shall be affixed to the system stating that

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any person who tampers, circumvents, uses the system, but is not the operator of the bus or

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otherwise misuses the system is guilty of a misdemeanor, and on conviction is subject to a fine up

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to one thousand dollars ($1,000), or one year imprisonment, or both.

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     SECTION 2. Section 31-27-2.8 of the General Laws in Chapter 31-27 entitled "Motor

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Vehicle Offenses" is hereby amended to read as follows:

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     31-27-2.8. Ignition interlock system imposed as part of sentence -- Requirements.

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     (a) Any person convicted under the provisions of §§ 31-27-2(d)(1), 31-27-2(d)(2), 31-27-

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2(d)(3)(i) or 31-27-2(d)(3)(ii), or whose violation is sustained under the provisions of § 31-27-

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2.1(b)(1), may be prohibited by the sentencing judge or magistrate from operating a motor vehicle

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that is not equipped with an ignition interlock system.

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     (b) Notwithstanding any other provisions contained in this chapter, after a finding of

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eligibility, any mandatory period of license suspension shall, upon request, be reduced by the

 

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imposition of an ignition interlock system ordered by the court or traffic tribunal as follows:

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     (1) For a violation of § 31-27-2(d)(1), a person shall be subject to a minimum thirty-day

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(30) license suspension and an imposition of an ignition interlock system for three (3) months to

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one year.

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     (2) For a violation of § 31-27-2.1(b)(1), a person shall be subject to a minimum thirty-day

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(30) license suspension and an imposition of an ignition interlock system for a period of six (6)

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months to two (2) years.

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     (3) For a violation of § 31-27-2(d)(2), a person shall be subject to a minimum forty-five-

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day (45) license suspension and an imposition of an ignition interlock system for a period of six

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(6) months to two (2) years.

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     (4) For a violation of § 31-27-2.1(b)(2), a person shall be subject to a minimum sixty-day

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(60) license suspension and an imposition of an ignition interlock system for a period of one to

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four (4) years.

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     (5) For a violation of § 31-27-2(d)(3), a person shall be subject to a minimum sixty-day

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(60) license suspension and imposition of an ignition interlock system for a period of one to four

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(4) years.

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     (6) For a violation of § 31-27-2.1(b)(3), a person shall be subject to a minimum ninety-

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day (90) license suspension and imposition of an ignition interlock system for a period of two (2)

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to ten (10) years.

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     (7) In any case where a person is convicted of a first offense under the provisions of § 31-

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27-2(d)(1) or under § 31-27-2.1(b)(1), the sentencing judge or magistrate shall, upon request,

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grant the person a conditional hardship license immediately upon a plea or admission of guilt, or

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an initial suspension under § 31-27-2.1(b), and after a finding of need under this section;

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provided, however, that in a case where a conditional hardship license shall be granted by the

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sentencing judge or magistrate upon an initial suspension under § 31-27-2.1(b) and prior to the

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installation of an ignition interlock device, said hardship license shall be issued to the motorist

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upon proof of installation of an ignition interlock device. However, in any case where a motorist

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has a prior alcohol-related offense or a prior reckless driving conviction under § 31-27-4 or

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reckless eluding conviction under § 31-27-4.1, within the prior ten (10) years of the offense, or

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when the instant offense involves a motor vehicle accident, the judge or magistrate may exercise

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their discretion in the granting of the hardship license by imposing up to a ninety (90) day loss of

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license prior to any imposition of the hardship license. If the instant matter involves a blood

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alcohol level of fifteen hundredths (.15) BAC or above, the judge or magistrate may exercise his

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or her discretion in the granting of the hardship license by imposing up to a six (6) month loss of

 

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license prior to any imposition of the hardship license. Said hardship license shall be valid only

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for twelve (12) hours per day to get to and from employment, necessary medical appointments,

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job training, schooling, or any other valid reason approved in advance by the sentencing judge or

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magistrate. A hardship license shall only be granted in conjunction with the installation of an

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ignition interlock device. Any conditional driving privileges must be set by the sentencing judge

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or magistrate after a hearing in which the motorist must provide proof of employment status and

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hours of employment, or any other legitimate reasons justifying a hardship license. These shall

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include, but not be limited to, any unemployment training, schooling, medical appointments,

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therapy treatments, or any other valid requests set forth by sworn affidavit. Once said hardship

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period has concluded, the motorist must still be subject to the conditions of the ignition interlock

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system as set forth under this section for the period of time as directed by the court. Any

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individual who violates the requirements of this subsection shall be subject to the penalties

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enumerated in § 31-11-18.1.

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     (c) Any person convicted of an offense of driving under the influence of liquor or drugs

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resulting in death, § 31-27-2.2; driving under the influence of liquor or drugs resulting in serious

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bodily injury, § 31-27-2.6; driving to endanger resulting in death, § 31-27-1; or driving to

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endanger resulting in serious bodily injury, § 31-27-1.1; may, in addition to any other penalties

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provided by law, be prohibited from operating a motor vehicle that is not equipped with an

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approved ignition interlock system for one to five (5) years.

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     (d) Any person who operates a motor vehicle with a suspended license during the period

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of suspension, and the reason for the suspension was due to a conviction of driving under the

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influence of drugs or alcohol or a sustained violation or conviction of refusal to submit to a

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chemical test, shall be subject to the further use of the ignition interlock system for a period of six

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(6) months subsequent to the penalties enumerated in § 31-11-18.1.

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     (e) When the court orders the use of an ignition interlock system, the judge or magistrate

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shall cause an appropriate notation to be made on the person's record that clearly sets forth the

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requirement for, and the period of the use of, the ignition interlock system.

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     (f) In addition to the requirements of subsection (e), the court or traffic tribunal shall:

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     (1) Require proof of the installation of the ignition interlock system and periodic

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reporting by the person for the purpose of verification of the proper operation of the ignition

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interlock system;

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     (2) Require the person to have the ignition interlock system monitored for the proper use

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and accuracy by a person, firm, corporation, or other association to be approved by the division of

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motor vehicles at least once every six (6) months, or more frequently as the circumstances may

 

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require; and

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     (3) Require the person to pay the reasonable cost of leasing or buying, monitoring, and

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maintenance of the ignition interlock system.

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     (4) The requirements under subsection (f) shall be the responsibility of the probation

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department or justice assistance, if the individual is under their control, or the division of motor

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vehicles if the individual is not monitored as a condition of the individual's plea or finding of

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guilt.

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     (g) If a person is required, in the course of the person's employment, to operate a motor

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vehicle owned or provided by the person's employer, the person may operate that motor vehicle

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in the course of the person's employment without installation of an ignition interlock system if the

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court makes specific findings expressly permitting the person to operate, in the course of the

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person's employment, a motor vehicle that is not equipped with an ignition interlock system.

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     (h) Any person subject to an ignition interlock order who violates such order shall be

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guilty of a misdemeanor punishable by up to one year imprisonment, or a fine of up to one

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thousand dollars ($1,000), or both. For the purposes of this subsection, a violation of the interlock

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order, includes, but is not limited to:

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     (1) Altering, tampering, or in any way attempting to circumvent the operation of an

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ignition interlock system that has been installed in the motor vehicle of a person under this

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section;

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     (2) Operating a motor vehicle that is not equipped with an ignition interlock system; or

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     (3) Soliciting or attempting to have another person start a motor vehicle equipped with an

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ignition interlock system for the purpose of providing an operable motor vehicle to a person who

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is prohibited from operating a motor vehicle that is not equipped with an ignition interlock

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system.

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     (i) Any person who attempts to start, or starts, a motor vehicle equipped with an ignition

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interlock system, tampers with, or in any way attempts to circumvent, the operation of an ignition

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interlock system that has been installed in the motor vehicle for the purpose of providing an

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operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not

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equipped with an ignition interlock system, shall be guilty of a misdemeanor punishable by up to

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one year imprisonment or a fine of up to one thousand dollars ($1,000), or both subject to all

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minimum mandatory driving under the influence of liquor or drugs penalties found in § 31-27-2.

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     SECTION 3. This act shall take effect on January 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- SCHOOL BUSES--IGNITION

INTERLOCK SYSTEMS

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     This act would require all school buses to be equipped with ignition interlock systems.

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     This act would take effect on January 1, 2019.

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