CHAPTER 118
SB 236-FN – FINAL VERSION
2015 SESSION
15-1000
03/06
SENATE BILL 236-FN
AN ACT relative to alcohol ignition interlock requirements.
SPONSORS: Sen. Bradley, Dist 3; Rep. Packard, Rock 5
This bill makes various changes relating to enforcement of alcohol ignition interlock requirements.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-1000
03/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to alcohol ignition interlock requirements.
Be it Enacted by the Senate and House of Representatives in General Court convened:
118:1 Alcohol Ignition Interlock Circumvention. Amend RSA 265-A:37, II to read as follows:
II. No person who is subject to an interlock order of the court or of the commissioner and no person who is conspiring with or attempting to permit a person subject to such an interlock order to circumvent the order shall tamper with, or in any way attempt to circumvent the operation of an ignition interlock device that has been installed in a motor vehicle, and no person who is subject to an interlock order shall knowingly drive a vehicle in which the interlock device has been circumvented or otherwise illegally tampered with. As a condition of having a vehicle equipped with an ignition interlock device, the vehicle owner assents to an inspection of the device by a representative of the director at reasonable times upon prior notice in order to determine that the interlock has not been subject to tampering or circumvention.
118:2 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 [.02] .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.
118:3 Violating Order. Amend RSA 265-A:38 to read as follows:
265-A:38 Violating [Court] Interlock Order.
I. Upon written notice, by affidavit, that any person has violated an order of the court or the commissioner with regard to the installation of an ignition interlock device after the period of revocation or suspension imposed in RSA 265-A:18, 265:79, or 630:3, a hearing shall be scheduled within 14 business days of the notice. Pending the hearing and upon a finding of probable cause that a violation has occurred based upon the affidavit, the [court] commissioner shall immediately suspend the defendant’s privilege to drive a motor vehicle. After the hearing and upon a finding of violation by a preponderance of the evidence, the privilege to drive shall not be restored until the [court] commissioner is satisfied that the person is in compliance with [its] the order.
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, 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.
118:4 New Subparagraph; Interlock Violations. Amend RSA 265-A:38-a, I by inserting after subparagraph (h) the following new subparagraph:
(i) More than one attempt to start the vehicle with a breath alcohol concentration of 0.05 or above.
118:5 New Paragraph; Removal Protocol. Amend RSA 265:38-a, by inserting after paragraph IV the following new paragraph:
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 may suspend that person’s license or driving privilege until such time as the ignition interlock device is reinstalled.
118:6 Effective Date. This act shall take effect January 1, 2016.
Approved: June 8, 2015
Effective Date: January 1, 2016