Bill Text: VA HB1299 | 2024 | Regular Session | Prefiled
Bill Title: Ignition interlock systems; definition of "alcohol-related violations."
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-13 - Left in Courts of Justice [HB1299 Detail]
Download: Virginia-2024-HB1299-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-270.1 of the Code of Virginia is amended and reenacted as follows:
§18.2-270.1. Ignition interlock systems; penalty.
A. For purposes of this section and §18.2-270.2:
"Alcohol-related violations" means
1. Operating a motor vehicle not equipped with a functioning, certified ignition interlock system as required by the court or while such a restriction is in effect.
2. Attempting to start a vehicle equipped with an ignition interlock system for someone prohibited from operating a vehicle without such a system.
3. Tampering with or attempting to circumvent the operation of an ignition interlock system or a remote alcohol monitoring device.
4. Knowingly providing or furnishing a vehicle without a functioning ignition interlock system to a person prohibited from operating a vehicle without such a system.
5. Failing to provide required proof of installation of the ignition interlock system or use of a remote alcohol monitoring device.
"Commission" means the Commission on
VASAP.
"Department" means the Department of
Motor Vehicles.
"Ignition interlock system" means a
device that (i) connects a motor vehicle ignition system to an analyzer that
measures a driver's blood alcohol content; (ii) prevents a motor vehicle
ignition from starting if a driver's blood alcohol content exceeds 0.02
percent; and (iii) is equipped with the ability to perform a rolling retest and
to electronically log the blood alcohol content during ignition, attempted
ignition, and rolling retest.
"Remote alcohol monitoring device" means
an unsupervised mobile testing device with the ability to confirm the location
and presence of alcohol in a person and that is capable of scheduled, random,
and on-demand tests that provide immediate, or as-requested, results. A testing
device may be worn or used by persons ordered by the court to provide
measurements of the presence of alcohol in their blood.
"Rolling retest" means a test of the
vehicle operator's blood alcohol content required at random intervals during
operation of the vehicle, which triggers the sounding of the horn and flashing
of lights if (i) the test indicates that the operator has a blood alcohol
content which exceeds 0.02 percent or (ii) the operator fails to take the test.
B. In addition to any penalty provided by law for a
conviction under §18.2-51.4 or clauses (i), (ii), or (iv) of §18.2-266 or a
substantially similar ordinance of any county, city, or town, any court of
proper jurisdiction shall, as a condition of a restricted license, prohibit an
offender from operating a motor vehicle that is not equipped with a
functioning, certified ignition interlock system for any period of time not to
exceed the period of license suspension and restriction, not less than six
consecutive months without alcohol-related violations of the interlock
requirements. In addition to any penalty provided by law for a conviction under
clauses (iii) or (v) of §18.2-266 or a substantially similar ordinance of any
county, city, or town, any court of proper jurisdiction may, for a first
offense, as a condition of a restricted license, prohibit an offender from
operating a motor vehicle that is not equipped with a functioning, certified
ignition interlock system for any period of time not to exceed the period of
license suspension and restriction, not less than six consecutive months
without alcohol-related violations of the interlock requirements. The court
shall, as a condition of a restricted license for a conviction under §
18.2-51.4, a second or subsequent offense of §18.2-266 or a substantially
similar ordinance of any county, city, or town, or as a condition of license
restoration pursuant to subsection C of §18.2-271.1 or §46.2-391, require
that such a system be installed on each motor vehicle, as defined in §
46.2-100, owned by or registered to the offender, in whole or in part, for any
period of time not less than six consecutive months without alcohol-related
violations of the interlock requirements. Such condition shall be in addition
to any purposes for which a restricted license may be issued pursuant to §
18.2-271.1. Whenever an ignition interlock system is required, the court may
order the installation of an ignition interlock system to commence immediately
upon conviction. A fee of $20 to cover court and administrative costs related
to the ignition interlock system shall be paid by any such offender to the
clerk of the court. The court shall require the offender to install an
electronic log device with the ignition interlock system on a vehicle
designated by the court to measure the blood alcohol content at each attempted
ignition and random rolling retest during operation of the vehicle. The
offender shall be enrolled in and supervised by an alcohol safety action
program pursuant to §18.2-271.1 and to conditions established by regulation
under §18.2-270.2 by the Commission during the period for which the court has
ordered installation of the ignition interlock system. The offender shall be
further required to provide to such program, at least quarterly during the
period of court ordered ignition interlock installation, a printout from such
electronic log indicating the offender's blood alcohol content during such
ignitions, attempted ignitions, and rolling retests, and showing attempts to
circumvent or tamper with the equipment. The period of time during which the offender
(i) is prohibited from operating a motor vehicle that is not equipped with an
ignition interlock system or (ii) is required to have an ignition interlock
system installed on each motor vehicle owned by or registered to the offender,
in whole or in part, shall be calculated from the date the offender is issued a
restricted license by the court; however, such period of time shall be tolled
upon the expiration of the restricted license issued by the court until such
time as the person is issued a restricted license by the Department.
C. However, upon motion of an offender, if (i) a
conviction was under §18.2-266 or a substantially similar ordinance of any
county, city, or town; (ii) the conviction was for a first offense; (iii) the
offender was an adult at the time of the offense; and (iv) the offender's blood
alcohol content was less than 0.15, the only restriction of a restricted
license that the court shall impose is to prohibit the offender from operating
a motor vehicle that is not equipped with a functioning, certified ignition
interlock system for not less than 12 consecutive months without
alcohol-related violations of the interlock requirements.
D. In any case in which the court requires the
installation of an ignition interlock system, the court shall order the
offender not to operate any motor vehicle that is not equipped with such a
system for the period of time that the interlock restriction is in effect. The
clerk of the court shall file with the Department of Motor Vehicles a copy of
the order, which shall become a part of the offender's operator's license
record maintained by the Department. The Department shall issue to the offender
for the period during which the interlock restriction is imposed a restricted
license which shall appropriately set forth the restrictions required by the
court under this subsection and any other restrictions imposed upon the
offender's driving privilege, and shall also set forth any exception granted by
the court under subsection I.
E. The court may, upon motion of an offender who is
ineligible to receive a restricted license in accordance with subsection C,
order that the offender (i) use a remote alcohol monitoring device for a period
of time coextensive with the period of time of the prohibition imposed under subsection
B and (ii) refrain from alcohol consumption during such period of time.
Additionally, upon such motion and pursuant to §18.2-271.1, the court may
issue a restricted license to operate a motor vehicle for any purpose to a
person who is prohibited from operating a motor vehicle that is not equipped
with a functioning, certified ignition interlock system when such person is
ordered to use a remote alcohol monitoring device pursuant to this subsection
and has a functioning, certified ignition interlock system installed on each
motor vehicle, as defined in §46.2-100, owned by or registered to the
offender, in whole or in part.
A fee of $20 to cover court and administrative
costs related to the remote alcohol monitoring device shall be paid by any such
offender to the clerk of the court. The offender shall be enrolled in and
supervised by an alcohol safety action program pursuant to §18.2-271.1 and
shall comply with all conditions established by regulation under §18.2-270.2
by the Commission during the period for which the court has ordered the use of
a remote alcohol monitoring device. The offender shall be further required to
provide to such program, at least quarterly during the period of time the
offender is ordered to use a remote alcohol monitoring device, a copy of the
data from such device indicating the offender's blood alcohol content and
showing attempts to circumvent or tamper with the device. The period of time
during which the offender is required to use a remote alcohol monitoring device
shall be calculated from the date the offender is issued a restricted license
by the court; however, such period of time shall be tolled upon the expiration
of the restricted license issued by the court until such time as the person is
issued a restricted license by the Department.
F. The offender shall be ordered to provide the
appropriate ASAP program, within 30 days of the effective date of the order of
court, proof of the installation of the ignition interlock system, and, if
applicable, proof that the offender is using a remote alcohol monitoring
device. The Program shall require the offender to have the system and device
monitored and calibrated for proper operation at least every 30 days by an
entity approved by the Commission under the provisions of §18.2-270.2 and to
demonstrate proof thereof. The offender shall pay the cost of leasing or buying
and monitoring and maintaining the ignition interlock system and the remote
alcohol monitoring device. Absent good cause shown, the court may revoke the offender's
driving privilege for failing to (i) timely install such system or use such
device or (ii) have the system or device properly monitored and calibrated.
G. No person shall start or attempt to start a
motor vehicle equipped with an ignition interlock system for the purpose of
providing an operable motor vehicle to a person who is prohibited under this
section from operating a motor vehicle that is not equipped with an ignition
interlock system. No person shall tamper with, or in any way attempt to circumvent
the operation of, an ignition interlock system that has been installed in the
motor vehicle of a person under this section. Except as authorized in
subsection I, no person shall knowingly furnish a motor vehicle not equipped
with a functioning ignition interlock system to any person prohibited under
subsection B from operating any motor vehicle that is not equipped with such
system. A violation of this subsection is punishable as a Class 1 misdemeanor.
The venue for the prosecution of a violation of this subsection shall be where
the offense occurred or the jurisdiction in which the order entered pursuant to
subsection B was entered.
H. No person shall tamper with, or in any way
attempt to circumvent the operation of, a remote alcohol monitoring device that
an offender is ordered to use under this section. A violation of this
subsection is punishable as a Class 1 misdemeanor.
Any person who violates this subsection shall have
his restricted license issued pursuant to subsection E, as it shall become effective
on July 1, 2021, revoked. The court may, in its discretion and for good cause
shown, provide that such person be issued a restricted permit to operate a
motor vehicle in accordance with the terms of a restricted license issued
pursuant to subsection E of §18.2-271.1.
I. Any person prohibited from operating a motor
vehicle under subsection B may, solely in the course of his employment, operate
a motor vehicle that is owned or provided by his employer without installation
of an ignition interlock system, if the court expressly permits such operation
as a condition of a restricted license at the request of the employer; such
person shall not be permitted to operate any other vehicle without a
functioning ignition interlock system and, in no event, shall such person be
permitted to operate a school bus, school vehicle, or a commercial motor
vehicle as defined in §46.2-341.4. This subsection shall not apply if such
employer is an entity wholly or partially owned or controlled by the person
otherwise prohibited from operating a vehicle without an ignition interlock
system.
J. The Commission shall promulgate such regulations
and forms as are necessary to implement the procedures outlined in this
section.
