2015 -- S 0713 SUBSTITUTE A

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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:

     SECTION 1. Section 31-27-2.8 of the General Laws in Chapter 31-27 entitled "Motor

Vehicle Offenses" is hereby amended to read as follows:

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

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

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

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

equipped with an ignition interlock system.

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

eligibility, any mandatory period of license suspension may shall be reduced by the imposition of

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

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

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

one year.

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

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

(6) months to two (2) years.

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

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

(6) months to two (2) years.

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

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

four (4) years.

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

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

(4) years.

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

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

to ten (10) years.

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

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

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

license during the period of license suspension immediately upon a plea or admission of guilt, and

after a finding of need under this section. In any case where a person is convicted of a second

offense under the provisions of § 31-27-2(d)(2), the sentencing judge or magistrate may grant the

person a conditional hardship license immediately upon a plea or admission of guilt, and after a

finding of need under this section. Said hardship license shall be valid only for twelve (12) hours

per day to get to and from employment, necessary medical appointments, job training, schooling,

or any other valid reason approved in advance by the sentencing judge or magistrate. A hardship

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

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

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

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

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

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

concluded, the motorist must still be subject to the conditions of the ignition interlock system as

set forth under this section for the period of time as directed by the court. Nothing in this section

shall be construed to require a mandatory period of suspension prior to the issuance of a hardship

license. Any individual who violates the requirements of this subsection shall be subject to the

penalties enumerated in § 31-27-18.1 31-11-18.1.

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

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

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

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

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

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

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

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

chemical test, shall be subject to the imposition of an ignition interlock system for six (6) months

to be ordered by the court or the traffic tribunal to the further use of the ignition interlock system

for a period of six (6) months in addition to the penalties enumerated in § 31-11-18.1.

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

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

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

      (f) In addition to the requirements of subsection (e) of this section, the court or traffic

tribunal shall:

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

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

interlock system;

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

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

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

require; and

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

maintenance of the ignition interlock system.

     (4) The reporting requirements under this subsection shall be the responsibility of the

probation department or Justice Assistance, if the individual is under their control, or the motorist

if they are not monitored as a condition of their plea or finding of guilt.

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

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

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

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

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

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

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

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

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

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

section;

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

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

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

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

system.

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

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

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

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

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

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

     SECTION 2. Section 31-49-3 of the General Laws in Chapter 31-49 entitled "Ignition

Interlock Systems" is hereby amended to read as follows:

     31-49-3. Rules and regulations. [Effective January 1, 2015.] -- (a) The rules and

regulations adopted pursuant to § 31-49-2 shall include requirements that ignition interlock

systems:

      (1) Do not impede the safe operation of the vehicle;

      (2) Minimize opportunities to be bypassed;

      (3) Correlate accurately with established measures of blood alcohol levels;

      (4) Work accurately and reliably in an unsupervised environment;

      (5) Require a proper and accurate measure of blood alcohol levels;

      (6) Resist tampering and provide evidence of attempted tampering;

      (7) Are difficult to circumvent, and require premeditation to circumvent;

      (8) Minimize inconvenience to a sober user;

      (9) Are manufactured by a party responsible for installation, user training, service, and

maintenance;

      (10) Operate reliably over the range of motor vehicle environments or motor vehicle

manufacturing standards;

      (11) Are manufactured by a person who is adequately insured for products liability; and

      (12) Provide the option for an electronic log of the driver's experience with the system.

      (b) Prior to the reinstatement of an unrestricted license, the The division of motor

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vehicles shall review the person's driving record and compliance with the ignition interlock order

to ensure that the person has fulfilled the specific requirements as set forth by the sentencing

judge or magistrate. Upon verification that said conditions have been satisfied, a motorist's

license shall be reinstated. demonstrated behavior that warrants the reinstatement of his or her

license.

     SECTION 3. This act shall take effect upon passage and shall be retroactive to January 1,

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 require a judge or magistrate to grant a hardship license immediately upon

the finding or admission of guilt to driving under the influence or refusal to submit to a chemical

test, subject to a finding of need.

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

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