SB 212 - AS INTRODUCED
SENATE BILL 212
SPONSORS: Sen. Watters, Dist 4; Sen. Birdsell, Dist 19; Rep. Sykes, Graf. 13; Rep. Steven Smith, Sull. 11
This bill clarifies the requirements for issuance of a driver's license with limited driving privileges.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
263:57-b Limited Driving Privilege After Revocation or Suspension.
I. Notwithstanding any provision of law to the contrary, if a person is convicted of a first offense under RSA 265-A:2, I, not including any conviction involving driving a commercial motor vehicle, he or she may petition the court for [a restoration of] his or her operator's license with limited driving privileges. To qualify for consideration, the person shall submit proof of financial responsibility in accordance with RSA 265-A:28 and an application that demonstrates the need for the license. Satisfactory evidence of at least one of the following must be presented, including satisfactory proof from the employer, program, medical treatment facility, state-approved educational institution, or other destination:
(a) That the person must operate a motor vehicle as a requisite of the person's occupation or employment.
(b) That the person must operate a motor vehicle to seek employment or to get to and from a place of employment.
(c) That the person must operate a motor vehicle to get to or from an alcohol or drug treatment or rehabilitation program.
(d) That the person or a member of the person's immediate family requires medical treatment on a regular basis and the person must operate a motor vehicle in order that the treatment may be obtained.
(e) That the person must operate a motor vehicle to continue his or her education.
(f) That the person must operate a motor vehicle to attend job training.
II. A license [restored] issued under this section shall limit the person's driving privileges:
(a) To the times, places, and days determined to be necessary for the person to seek or retain employment, to attend any alcohol or drug treatment or rehabilitation program, to continue his or her education, to attend job training, or to obtain required medical treatment for the person or a member of the person's immediate family.
(b) To times, places, and days that are specifically stated.
(c) To vehicles equipped with enhanced technology ignition interlock devices.
III. A license [restored] issued under this section shall not be effective until the person's drivers license has been suspended or revoked, either pursuant to criminal penalty or administrative suspension, for at least 45 days and shall expire on the date specified by the court and shall not exceed the suspension period ordered by the court.
IV. A violation of this section or the terms of the license [restored] issued under this section shall be considered a violation of RSA 263:64 and the license shall be revoked.
V. A person granted a limited privilege license under this section shall deliver a copy of the court order granting the limited privilege license to the law enforcement agency in the city or town in which he or she resides. Before operating a motor vehicle, the person must apply for and be issued a limited privilege license by the division of motor vehicles. [When operating a motor vehicle, a] A person [granted] with a limited privilege license issued under this section shall have a copy of the court order granting the limited privilege license upon his or her person [or in some easily accessible place within the] anytime the person is operating a vehicle.
VI. As a condition of receiving a limited privilege license, the person shall agree to be subject to the ignition interlock program for the duration of the limited privilege and one year immediately following full restoration of driving privileges.
|Jan. 3, 2019||Introduced 01/03/2019 and Referred to Judiciary; SJ 4|
|March 19, 2019||Hearing: 03/19/2019, Room 100, SH, 09:00 am; SC 13|
|March 19, 2019||Senate||Hearing|