HB 557-FN - AS INTRODUCED
2015 SESSION
15-0814
03/04
HOUSE BILL 557-FN
AN ACT relative to penalties for driving while intoxicated, third and fourth offenses.
SPONSORS: Rep. Estevez, Hills 37; Rep. Manning, Rock 8; Rep. Elliott, Rock 8
COMMITTEE: Criminal Justice and Public Safety
This bill increases the minimum license revocation period for driving while intoxicated, third and fourth offenses.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0814
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to penalties for driving while intoxicated, third and fourth offenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Intoxication or Under Influence of Drugs Offenses; Penalties. Amend RSA 265-A:18, IV(b)-(c) to read as follows:
(b) For a third offense, any person convicted under this paragraph shall be subject to all the penalties of subparagraph (a) except that:
(1) The person’s driver’s license or privilege to drive shall be revoked indefinitely and shall not be restored for at least [5] 10 years. At the end of the [5-year] 10-year minimum revocation period the person may petition the court for eligibility to reapply for a driver’s license and the court, for good cause shown, may grant such eligibility subject to such terms and conditions as the court may prescribe. Any untimely petition under this subparagraph shall be dismissed without a hearing. If such petition is granted and the person is otherwise eligible for license restoration, the person may then apply to the director for restoration of driver’s license, but the license shall not be restored until all requirements under law are met. The person’s driver’s license or privilege to drive shall not be restored by the department until the person shall have completed the service plan developed by the IDCMP, and paid all relevant fees.
(2) The person shall be sentenced to a mandatory sentence of not less than 180 consecutive days of which 150 shall be suspended. The court shall refer the person to an IDCMP to schedule a full substance use disorder evaluation. A condition of the suspension shall be that upon release from serving the 30 days in the county correctional facility, the person shall schedule a substance use disorder evaluation within 30 days of release, complete the required substance use disorder evaluation within 60 days of release, and comply with the service plan developed. The IDCMP shall administer the substance use disorder evaluation and shall develop the service plan from that substance use disorder evaluation. Any portion of the suspended sentence to the county correctional facility may be imposed if the defendant does not comply with all of the requirements of this subparagraph or becomes noncompliant with the service plan during the suspension period. The remainder of the sentence may be deferred for a period of up to 2 years. The court may, at the satisfactory completion of any required treatment, suspend any remaining deferred sentence.
(c) For a fourth or subsequent offense, any person convicted under this paragraph shall be subject to all the penalties of subparagraphs (a) and (b) except that the person shall be guilty of a felony, and the person’s driver’s license or privilege to drive shall be revoked indefinitely and the person shall not petition for eligibility to reapply for a driver’s license as provided in subparagraph (b)(1) for at least [7] 15 years.
2 Effective Date. This act shall take effect January 1, 2016.
LBAO
15-0814
1/23/2015
HB 557-FN - FISCAL NOTE
AN ACT relative to penalties for driving while intoxicated, third and fourth offenses.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2015 through 2019.