Bill Text - HB1128 (2012)

Relative to reports of failed breath tests when using an ignition interlock device.


Revision: Dec. 14, 2011, midnight

HB 1128 – AS INTRODUCED

2012 SESSION

12-2022

03/10

HOUSE BILL 1128

AN ACT relative to reports of failed breath tests when using an ignition interlock device.

SPONSORS: Rep. Tholl, Coos 2; Rep. Welch, Rock 8; Rep. Almy, Graf 11

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill requires that ignition interlock device rules require interlock service providers to report failures to pass the breath test to the prosecutor or prosecuting agency.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2022

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to reports of failed breath tests when using an ignition interlock device.

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

1 Ignition Interlock Program Rules; Reporting Failures to Pass Breath Test. Amend RSA 265-A:36, VI(e)-(f) to read as follows:

(e) Provide installation and service to those offenders determined by the court to be unable to pay the full cost of an interlock program by reserving for this purpose a hardship credit equal to 2 percent of the service provider’s gross receipts, excluding the purchase or rental cost of the interlock device, which credit and free service shall be reported annually to the department; [and]

(f) Provide a certificate of installation to the vehicle’s owner upon installation of the device in a form to be determined by the department’s interlock rules; and

(g) Provide reports of failures to pass the breath test to the appropriate prosecutor or prosecuting agency.

2 Effective Date. This act shall take effect 60 days after its passage.