HB125 (2005) Detail

(New Title) relative to ignition interlock devices.


CHAPTER 198

HB 125 – FINAL VERSION

30Mar2005… 0031h

05/19/05 1397s

2005 SESSION

05-0443

03/09

HOUSE BILL 125

AN ACT relative to ignition interlock devices.

SPONSORS: Rep. Almy, Graf 11; Rep. Tholl, Coos 2

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill:

I. Requires an ignition interlock device on any vehicle registered to or regularly used by a person who drives after a suspension or revocation resulting from a DWI offense.

II. Enables a court to require the disabling of vehicles that cannot be safely operated with an ignition interlock device.

III. Modifies the recalibration requirements for alcohol ignition interlock devices.

IV. Prohibits persons required to install an ignition interlock device from driving a motor vehicle not equipped with this device.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Mar2005… 0031h

05/19/05 1397s

05-0443

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to ignition interlock devices.

Be it Enacted by the Senate and House of Representatives in General Court convened:

198:1 New Paragraphs; Alcohol Ignition Interlock Program; Driving After Revocation or Suspension; Vehicle Type Exemption. Amend RSA 265:93-a by inserting after paragraph I the following new paragraphs:

I-a. Any person who is convicted of driving while under suspension or revocation resulting from a DWI offense shall be required by the court to install an ignition interlock device in any vehicle registered to that person or used by that person on a regular basis, for the remaining period of suspension or revocation plus an additional period not less than 6 months nor more than 2 years. The court may order such installation on a temporary basis prior to conviction as a condition of bail.

I-b. To the extent that technology does not exist to permit the installation or safe operation of any particular vehicle type when equipped with an interlock, the court may order that a restraining device which disables the vehicle be placed on any such vehicle registered to or used on a regular basis by a person required to install an ignition interlock device.

198:2 Alcohol Ignition Interlock Program; Recalibration. Amend RSA 265:93-a, VI(a) to read as follows:

(a) Provide recalibration of each device [monthly] within 30 days of installation and every 60 days thereafter, unless otherwise ordered by the court;

198:3 Alcohol Ignition Interlock Circumvention. Amend RSA 265:93-b, I to read as follows:

I. Any person required by the court to [drive only a motor vehicle equipped with] install an ignition interlock device shall not drive any motor vehicle not equipped with this device.

198:4 Effective Date.

I. Sections 1 and 3 of this act shall take effect July 1, 2006.

II. The remainder of this act shall take effect July 1, 2005.

(Approved: June 30, 2005)

(Effective Date: I. Sections 1 and 3 shall take effect July 1, 2006.

II. Remainder shall take effect July 1, 2005)