Bill Text - HB1128 (2012)

(New Title) relative to ignition interlock device recalibration and data reports.


Revision: April 27, 2012, midnight

HB 1128 – AS AMENDED BY THE SENATE

15Feb2012… 0425h

04/25/12 1756s

2012 SESSION

12-2022

03/10

HOUSE BILL 1128

AN ACT relative to ignition interlock device recalibration and data reports.

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

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill establishes recalibration requirements for enhanced technology ignition interlock devices and requires that ignition interlock device rules require interlock service providers to report data specified in the rules and make it available through a secure web-based portal.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Feb2012… 0425h

04/25/12 1756s

12-2022

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to ignition interlock device recalibration and data reports.

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

1 Ignition Interlock Program Rules; Recalibration. Amend RSA 265-A:36, VI(a) to read as follows:

(a) Provide recalibration of each device within 30 days of installation and every 60 days thereafter, unless otherwise ordered by the court, or every 180 days when an enhanced technology ignition interlock device is being used;

2 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 to the department when data specified in department rules becomes available. The department shall make data from the reports available to the director of the division of motor vehicles, appropriate prosecutor, prosecuting agency, treatment provider, probation officer, and defense attorney by means of authorizing the interlock provider to provide these entities with secure electronic access to the data via the interlock provider’s web-based portal.

3 New Section; Definition Added; Enhanced Technology Ignition Interlock Device. Amend RSA 259 by inserting after section 28-a the following new section:

259:28-b Enhanced Technology Ignition Interlock Device. “Enhanced technology ignition interlock device” shall mean an ignition interlock device equipped with a camera and which is capable of transmitting data as events occur.

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

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