CHAPTER 204
HB 1448 – FINAL VERSION
07Mar2006… 0735h
05/04/06 1874s
2006 SESSION
03/09
HOUSE BILL 1448
AN ACT relative to the applicability of drivers’ license revocations for drugs or alcohol involvement and relative to the medical/vision advisory board.
SPONSORS: Rep. Knowles, Straf 6; Rep. Welch, Rock 8; Rep. Movsesian, Hills 22; Rep. Tholl, Coos 2; Sen. Estabrook, Dist 21; Sen. Letourneau, Dist 19; Sen. Green, Dist 6
This bill modifies the applicability of certain provisions of the statute requiring drivers’ license revocations or denials for drugs or alcohol involvement. This bill also repeals the prospective repeal of the medical/vision advisory board.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07Mar2006… 0735h
05/04/06 1874s
06-2332
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the applicability of drivers’ license revocations for drugs or alcohol involvement and relative to the medical/vision advisory board.
Be it Enacted by the Senate and House of Representatives in General Court convened:
204:1 Revocation or Denial for Drugs or Alcohol Involvement. Amend RSA 263:56-b to read as follows:
263:56-b Revocation or Denial for Drugs or Alcohol Involvement.
I. Any person who is not yet 21 years of age on the date of the incident, who is convicted, found to be delinquent under RSA 169-B, or found to be in need of services under RSA 169-D, for any offense involving the sale, possession, use, or abuse of alcohol or of controlled drugs as defined in RSA 318-B:1, VI, or of a controlled drug analog as defined under RSA 318-B:1, VI-a, may at the discretion of the court be subject to the revocation or denial of a driver’s license or privilege to drive [as provided in this section.] for not less than 90 days but not more than one year on the first finding or conviction under this paragraph, and not less than 6 months but not more than 2 years for a subsequent finding or conviction. Nothing in this section shall prevent the court from requiring any person subject to its provisions from successfully completing any alcohol or substance abuse education program in lieu of a loss or denial of driving license or privilege. The director, upon receipt of a notification from the court that the court has ordered the suspension of a person’s license or driving privilege pursuant to this paragraph, shall forthwith issue a formal order of suspension and, in the case of denial of an application for a license, the period imposed shall begin on the date the person is eligible by age for the issuance of a license. Notwithstanding RSA 169-B:35 or any other law regarding confidentiality, any court which convicts or makes a finding that an offense described in this section has occurred involving a person who meets the age limits specified in this section shall forward a notice of such conviction or finding to the director. The director shall maintain the confidentiality of notices received.
II. The director shall, unless otherwise ordered by the court, revoke the driver’s license or privilege to drive or deny an application for a license for not less than 90 days but not more than one year on the first finding or conviction under paragraph I, and not less than 6 months but not more than 2 years for a subsequent finding or conviction; provided, however, that the director shall not revoke or deny a license or privilege to drive under this paragraph without first giving the person an opportunity for a hearing to determine that the person is the individual who was convicted of the offense and against whom the court order applies. In the case of denial of an application for a license, the period imposed shall begin on the date the person is eligible by age for the issuance of a license.
III. Any person who is [15 years of age or older and] not yet 18 years of age on the date of the incident, and who is convicted, found to be delinquent under RSA 169-B, or found to be in need of services under RSA 169-D, for the offense of sale or possession with intent to sell controlled drugs as defined in RSA 318-B:1, VI or a controlled drug analog as defined under RSA 318-B:1, VI-a, shall be subject to revocation or denial of a driver’s license or privilege to drive for a mandatory period of at least one year and a maximum period of up to 5 years. In the case of denial of an application for a license under this section, the period imposed shall begin on the date the person is eligible by age for the issuance of a license.
IV. The driver’s license [or privilege to drive] of any person who is 18 years of age or older on the date of the incident, and who is convicted of the offense of sale or possession with intent to sell controlled drugs as defined in RSA 318-B:1, VI or a controlled drug analog as defined under RSA 318-B:1, VI-a, may be revoked, at the discretion of the court, for any period of time, including for life. [Any person convicted of such offense may be denied a driver’s license or privilege to drive at the discretion of the court, for any period of time, including for life.] The court of relevant jurisdiction shall have the discretion to determine when the revocation shall begin.
204:2 Repeal. 2005, 123:2 and 2005, 123:3, I, relative to repealing the medical/vision advisory board, are repealed.
204:3 Effective Date. This act shall take effect July 1, 2006.
Approved: May 31, 2006
Effective: July 1, 2006