Revision: July 20, 2017, 10:28 a.m.
CHAPTER 244
HB 448 - FINAL VERSION
04/20/2017 1404s
22Jun2017... 2190CofC
2017 SESSION
17-0428
03/04
HOUSE BILL 448
AN ACT relative to certain ignition interlock violations.
SPONSORS: Rep. Steven Smith, Sull. 11; Rep. Sykes, Graf. 13; Rep. T. Walsh, Merr. 24
COMMITTEE: Criminal Justice and Public Safety
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This bill allows the department of safety to take action for certain ignition interlock violations.
This bill was requested by the department of safety.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/20/2017 1404s
22Jun2017... 2190-CofC 17-0428
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to certain ignition interlock violations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
244:1 Restoration of License; Hearing. Amend RSA 265-A:36-a to read as follows:
265-A:36-a Department of Safety Authority to Order Ignition Interlock Device Installation or Enhanced Technology Ignition Interlock Device. The commissioner of safety may require an administrative hearing [prior to the restoration of the license or driving privilege of] for a person whose license or driving privilege was revoked or suspended pursuant to RSA 262:19 or RSA 630:2, III, where alcohol was involved, or as the result of a conviction of any offense under RSA 265-A:2, RSA 265-A:3, RSA 265:79-a where alcohol was involved, [RSA 262:19,] or RSA 630:3, II, and, upon a finding that the safety of the person and of other users of the highways would be enhanced thereby, may order the person, as a condition of restoration of his or her license or driving privilege, to install an ignition interlock device or enhanced technology ignition interlock device in any vehicle registered to that person or used by that person, for not less than 12 months nor more than 2 years, subject to the same conditions and prohibitions as if the interlock was ordered by a court under the provisions of this subdivision. Where possible, the hearing shall be conducted prior to the restoration of the license or driving privilege, although such restoration shall not prevent the commissioner from requiring the hearing.
244:2 Alcohol Ignition Interlock Circumvention. Amend RSA 265-A:37, III-a to read as follows:
III-a. Upon satisfactory proof that a person who is restricted by law to drive only a motor vehicle equipped with an ignition interlock device has attempted to start a motor vehicle equipped with an ignition interlock device while having an alcohol concentration of greater than .025, or who fails to take the retest, or who takes a retest while having an alcohol concentration of greater than .025, the department, after a hearing, may impose for each occurrence an additional period of up to one year following the expiration of the original interlock order during which the person shall be restricted to driving only a vehicle equipped with an ignition interlock device. The department may take action under this paragraph within 60 days after the ignition interlock device is removed.
244:3 Violating Interlock Order. Amend RSA 265-A:38, II to read as follows:
II. If it is found that a person required to drive a motor vehicle equipped with an ignition interlock device has failed without reasonable cause including, but not limited to, illness, hospitalization, or incarceration, to comply with any requirement for the maintenance or calibration of the device, or shows a consistent pattern of failures to pass the breath test provided by the device, or where there is evidence of tampering or circumvention of the device, or where there is an unauthorized engine start without a passed breath test, and when the unit has a power disconnect for more than 15 minutes, the commissioner after a hearing may order a further license suspension or revocation for a period of not more than 12 months. In addition, upon a complaint the court may order a show cause hearing to determine if the person should be held in contempt of court. Upon a finding of contempt, the court may sentence the defendant to up to 6 months in a county department of corrections facility, and may make such other orders as necessary to bring about compliance, and in the absence of a license suspension by the commissioner may order a further license suspension or revocation for a period of not more than 12 months. The period of suspension or revocation under this section shall be added to any previously ordered suspension or revocation.
244:4 Ignition Interlock Device Removal Protocol. Amend RSA 265-A:38-a, V to read as follows:
V. If a person, who is required to have an ignition interlock device installed in any vehicle registered to or used by that person on a regular basis, removes or has the interlock removed without first obtaining a removal certificate, the commissioner in his or her discretion may suspend that person's license or driving privilege until such time as the ignition interlock device is reinstalled and may extend the period of time for which an ignition interlock device is required by not less than a number of days equivalent to the number of days that the ignition interlock device was not in place, or not more than an additional 120 days, regardless of the date that the interlock order would otherwise expire.
VI. No person who has a court or administrative hearing pending regarding an allegation of having committed one or more ignition interlock device violations shall remove the ignition interlock device or have the ignition interlock device removed or apply for a removal certificate, and if he or she has the ignition interlock device removed during the pendency of such hearing the commissioner in his or her discretion may require the ignition interlock device to be reinstalled and may extend the period of time for which an ignition interlock device is required by a number of days equivalent to the number of days that the ignition interlock device was not in place or not more than an additional 120 days, regardless of the date that the interlock order would otherwise expire.
244:5 Effective Date. This act shall take effect upon its passage.
Approved: July 18, 2017
Effective Date: July 18, 2017