2015 -- S 0713

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LC001646

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES

     

     Introduced By: Senators Archambault, Lombardi, McCaffrey, Jabour, and Nesselbush

     Date Introduced: March 18, 2015

     Referred To: Senate 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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[Effective January 1, 2015.] -- (a) Any person convicted under the provisions of § 31-27-2(d)1,

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2 or 3 (1)(i) or (ii), or whose violation is sustained under the provisions of § 31-27-2.1(b)(1), may

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be prohibited by the sentencing judge or magistrate from operating a motor vehicle that is not

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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 may shall be reduced by the imposition of

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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-

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day (30) 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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      (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 §

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31-27-2(d)(1), or a second offense under the provisions of § 31-27-2(d)(2), or under § 31-27-

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2.1(b)(1), the sentencing judge or magistrate may shall grant the person a conditional hardship

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license during the any period of license suspension, subject to the additional conditions set forth

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below. Said hardship license shall be valid only for twelve (12) hours per day to get to and from

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employment, or for any other valid reasons set forth in the request for hardship. A hardship

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license shall only be granted in conjunction with the installation of an ignition interlock device.

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Any conditional driving privileges must be set by the sentencing judge or magistrate after a

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hearing in which the motorist must provide proof of employment status and hours of

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

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but not be limited to, schooling, medical appointments, therapy treatment, child care, any

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unemployment training, or any other reasonable valid requests set forth by sworn affidavit and

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accompanied by supporting documentation. Any individual who violates the requirements of this

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subsection shall be subject to the penalties enumerated in § 31-27-18.1 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 and the reason for

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the suspension was due to a conviction of driving under the influence of drugs or alcohol or a

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sustained violation or conviction of refusal to submit to a chemical test, shall be subject to the

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imposition of an ignition interlock system for six (6) months to be ordered by the court or the

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traffic tribunal.

 

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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) of this section, the court or traffic

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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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      (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

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

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who 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.

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     SECTION 2. This act shall take effect upon passage and shall be retroactive to January 1,

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2015.

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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 expand the class of individuals that meet the requirements of an interlock

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ignition device once they are adjudicated of DUI or Refusal to Submit to a Chemical test.

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     This act would take effect upon passage and would be retroactive to January 1, 2015.

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LC001646

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