2011 -- H 5506

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LC01265

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2011

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

     Introduced By: Representatives Walsh, Valencia, and Marcello

     Date Introduced: March 02, 2011

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. 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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Any person convicted under the provisions of section 31-27-2(d)(2) or (3) may be prohibited by

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the sentencing judge from operating a motor vehicle that is not equipped with an ignition

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interlock system for a period of not more than two (2) years following the completion of any

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sentence imposed pursuant to that section.

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     (a) Any person convicted under the provisions of section 31-27-2 shall, in addition to the

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penalties contained in section 31-27-2, be prohibited from operating a motor vehicle which is not

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equipped with an approved ignition interlock system for the following terms:

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     (1) A minimum period of six (6) months and a maximum period of one year for the first

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conviction;

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     (2) A minimum period of one year and a maximum period of two (2) years for the

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second conviction;

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     (3) A minimum period of five (5) years and a maximum period of ten (10) years for the

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third conviction;

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     (4) A minimum period of ten (10) years and a maximum period of twenty (20) years for

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the fourth conviction.

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     (b) Any person convicted pursuant to section 31-27-2 while transporting a person under

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eighteen (18) years of age shall be subject to a minimum of an additional six (6) months in

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addition to the terms specified in subsection (a).

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     (c) Any person who drives in violation of an ignition interlock order, including altering

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or tampering with said device, shall be guilty of a felony punishable by a fine of one thousand

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dollars ($1,000) and up to one year is prison.

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     (d) Any person who drives with a suspended license and the reason for the suspension

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was a consequence of driving under the influence of drugs or alcohol, or refusal to submit to a

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chemical test, shall be subject to an additional six (6) months use of the ignition interlock system.

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     (e) The department of motor vehicles shall promulgate rules and regulations regarding

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certification and installation of the interlock system. All costs associated with installation of said

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systems shall be borne by the person required to install said system. The department shall charge

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an administrative fee of one hundred dollars ($100) to the person ordered to install said system.

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Said fee shall be apportioned to cover administrative costs and establishment of an ignition

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interlock devise fund available to indigent parties. The division of motor vehicles shall establish

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the criteria for individuals who qualify for utilization of said fund.

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     SECTION 2. This act shall take effect upon passage.

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LC01265

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

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     This act would require the use of an ignition interlock system and would be applicable to

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individuals convicted of various driving offenses involving drugs or alcohol.

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     This act would take effect upon passage.

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LC01265

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