Revision: Dec. 8, 2017, 12:02 p.m.
SB 346 - AS INTRODUCED
2018 SESSION
18-2875
03/05
SENATE BILL 346
AN ACT relative to requiring enhanced technology ignition interlock devices.
SPONSORS: Sen. Birdsell, Dist 19; Sen. D'Allesandro, Dist 20; Sen. Watters, Dist 4; Sen. Carson, Dist 14; Rep. Welch, Rock. 13; Rep. Green, Rock. 13; Rep. Torosian, Rock. 14
COMMITTEE: Transportation
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ANALYSIS
This bill requires that all ignition interlock devices required to be installed after the effective date of the bill be enhanced technology ignition interlock devices. This bill also eliminates the authority of the department of safety to order installation of an ignition interlock device in DWI cases not involving alcohol.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2875
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to requiring enhanced technology ignition interlock devices.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Words and Phrases Defined; Enhanced Technology Interlock Device. Amend RSA 259:28-b to read as follows:
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] capturing and encoding as events occur a digital or photographic image of the vehicle driver including the time, date, and breath alcohol level of all breath attempts and storing images and data in the device's memory to be downloaded and stored by the manufacturer for 3 years.
2 New Paragraph; Alcohol Ignition Interlock Program. Amend RSA 265-A:36 by inserting after paragraph V the following new paragraph:
IV-a. Wherever the term "alcohol ignition interlock device" or "ignition interlock device" is referred to in this chapter or in department administrative rules, it shall mean an enhanced technology ignition interlock device, as defined in RSA 259:28-b. A device installed on or before January 1, 2019 that is not an enhanced technology ignition interlock device may continue to be operated in the vehicle in which it was installed until January 1, 2022 or such time as the vehicle is replaced with a different vehicle, whichever occurs first, at which time it shall be replaced with an enhanced technology ignition interlock device.
3 Department of Safety Authority. 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 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, or RSA 265:79-a where alcohol was involved, 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.
4 Effective Date. This act shall take effect January 1, 2019.