9 7 -- S 0537

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ES658
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S T A T E   O F   R H O D E   I S L A N D

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 1997
__________

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES

Introduced By: Senators Polisena, O'Leary and Damiani
Date Introduced: February 11, 1997
Referred To: Senate Committee on 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. -- {ADD (a) ADD} Any person convicted under the provisions of section 31-27-2 (d) (2) or (3) may be prohibited by the sentencing judge from operating a motor vehicle that is not equipped with an ignition interlock system for a period of not more than two (2) years following the completion of any sentence imposed pursuant to that section.

{ADD Any person convicted of a third or subsequent violation within a five (5) year period under the provisions of section 31-27-2(d)(3)

shall be prohibited by the sentencing judge from operating a motor vehicle that is not equipped with an ignition interlock system for a period of not more than two (2) years following the completion of any sentence imposed pursuant to that section.

(b) In the event persons sentenced under the provisions of this section are found to be in violation of the sentence ordered by the judge, then the person shall be brought before the court, and after a hearing as to why the order of the court was not followed, shall be sentenced to jail for a period not exceeding one (1) year. ADD}

SECTION 2. This act shall take effect upon passage.

EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
AN ACT
RELATING TO MOTOR AND OTHER VEHICLES

* * *

This act would allow the trial judge the discretion to require an ignition interlock device for first time DWI or drug offenders and would also require mandatory ignition interlock devices for all third or subsequent violations.

This act would take effect upon passage.



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