1. law, govt and politics

MISSISSIPPI LEGISLATURE
REGULAR SESSION 2015
By:
To:
Representative Horan
Judiciary B
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1296
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TO REVISE TO AMEND SECTION 63-11-30, MISSISSIPPI CODE OF
1972, CERTAIN PROVISIONS OF THE IMPLIED CONSENT LAW; TO AMEND
SECTION 63-11-31, MISSISSIPPI CODE OF 1972, TO EXCLUDE PERSONS WHO
HAVE BEEN CONVICTED FOR CONTROLLED SUBSTANCES DUI FROM EXERCISING
THE PRIVILEGE OF DRIVING UNDER AN INTERLOCK RESTRICTED LICENSE;
AND FOR RELATED PURPOSES.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
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SECTION 1.
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amended as follows:
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63-11-30.
Section 63-11-30, Mississippi Code of 1972, is
(1)
It is unlawful for a person to drive or
otherwise operate a vehicle within this state if the person:
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(a)
Is under the influence of intoxicating liquor;
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(b)
Is under the influence of any other substance that
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has impaired the person's ability to operate a motor vehicle;
(c)
Is under the influence of any drug or controlled
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substance, the possession of which is unlawful under the
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Mississippi Controlled Substances Law; or
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(d)
Has an alcohol concentration in the person's blood,
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based upon grams of alcohol per one hundred (100) milliliters of
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blood, or grams of alcohol per two hundred ten (210) liters of
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breath, as shown by a chemical analysis of the person's breath,
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blood or urine administered as authorized by this chapter, of:
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(i)
Eight one-hundredths percent (.08%) or more
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for a person who is above the legal age to purchase alcoholic
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beverages under state law;
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(ii)
Two one-hundredths percent (.02%) or more for
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a person who is below the legal age to purchase alcoholic
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beverages under state law; or
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(iii)
Four one-hundredths percent (.04%) or more
for a person operating a commercial motor vehicle.
(2)
(a)
First offense DUI.
(i)
Except as otherwise
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provided in subsection (3) of this section, upon conviction of any
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person for the first offense of violating subsection (1) of this
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section where chemical tests provided for under Section 63-11-5
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were given, or where chemical test results are not available, the
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person shall be fined not less than Two Hundred Fifty Dollars
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($250.00) nor more than One Thousand Dollars ($1,000.00), or
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imprisoned for not more than forty-eight (48) hours in jail, or
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both; the court shall order the person to attend and complete an
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alcohol safety education program as provided in Section 63-11-32
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within one (1) year.
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victim impact panel instead of forty-eight (48) hours in jail.
The court may substitute attendance at a
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* * * Thirty (30) days after receipt of the court abstract, the
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Department of Public Safety shall suspend the driver's license and
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driving privileges of the person for ninety (90) days unless the
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person has surrendered his driver's license to be voided and
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obtained a new driver's license that is restricted to operation of
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vehicles equipped with an ignition interlock device that complies
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with Section 63-11-31; the person will not be eligible for an
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unrestricted license for ninety (90) days and until the person has
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attended and successfully completed an alcohol safety education
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program as provided in Section 63-11-32.
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(ii)
Commercial driving privileges shall be
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suspended as provided in Section 63-1-216 for a violation of
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subsection (1) of this section.
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(iii)
A qualifying first offense under subsection
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(1) of this section may be nonadjudicated by the court under
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subsection (14) of this section.
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driver's license or a commercial learning permit is ineligible for
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nonadjudication.
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(b)
Second offense DUI.
The holder of a commercial
(i)
Except as otherwise
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provided in subsection (3), upon any second conviction of any
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person violating subsection (1) of this section, the offenses
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being committed within a period of five (5) years, the person
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shall be fined not less than Six Hundred Dollars ($600.00) nor
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more than One Thousand Five Hundred Dollars ($1,500.00), shall be
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imprisoned not less than five (5) days nor more than one (1) year
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and sentenced to community service work for not less than ten (10)
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days nor more than one (1) year.
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be suspended or reduced by the court and no prosecutor shall offer
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The minimum penalties shall not
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any suspension or sentence reduction as part of a plea bargain.
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Fifteen (15) days after receipt of the court abstract, the
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Department of Public Safety shall suspend the driver's license of
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the person for one (1) year unless the person has surrendered his
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driver's license to be voided and obtained a new driver's license
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that is restricted to operation of vehicles equipped with an
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ignition interlock device that complies with Section 63-11-31; the
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person will not be eligible for an unrestricted license until the
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person has either been subject to a full one-year suspension of
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license or has exercised the driving privilege solely under an
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interlock-restricted driver's license for one (1) full year.
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(ii)
Suspension of commercial driving privileges
shall be governed by Section 63-1-216.
(c)
Third and subsequent offense DUI.
(i)
Except as
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otherwise provided in subsection (3), for any third conviction of
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any person violating subsection (1) of this section, the offenses
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being committed within a period of five (5) years, the person
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shall be guilty of a felony and fined not less than Two Thousand
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Dollars ($2,000.00) nor more than Five Thousand Dollars
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($5,000.00), and shall serve not less than one (1) year nor more
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than five (5) years in the custody of the Department of
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Corrections.
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injury or death to any person, the sentence of incarceration may
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be served in the county jail rather than in the State Penitentiary
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at the discretion of the circuit court judge.
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For any offense that does not result in serious
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The minimum
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penalties shall not be suspended or reduced by the court and no
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prosecutor shall offer any suspension or sentence reduction as
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part of a plea bargain.
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drive only under a driver's license that is restricted to
The person may exercise the privilege to
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operation of vehicles equipped with an ignition interlock device
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that complies with Section 63-11-31 for three (3) years following
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release from incarceration and will not be eligible for an
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unrestricted driver's license for three (3) years.
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(ii)
The suspension of commercial driving
privileges shall be governed by Section 63-1-216.
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(d)
Except as otherwise provided in subsection (3), any
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person convicted of a second or subsequent violation of subsection
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(1) of this section shall receive an in-depth diagnostic
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assessment, and if as a result of the assessment is determined to
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be in need of treatment for alcohol or drug abuse, the person
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shall successfully complete treatment at a program site certified
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by the Department of Mental Health.
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diagnostic assessment shall pay a fee representing the cost of the
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assessment.
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shall pay a fee representing the cost of treatment.
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Each person who receives a
Each person who participates in a treatment program
(e)
The use of ignition interlock devices shall be as
provided in Section 63-11-31.
(3)
Zero Tolerance for Minors.
(a)
This subsection shall
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be known and may be cited as Zero Tolerance for Minors.
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provisions of this subsection shall apply only when a person under
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The
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the age of twenty-one (21) years has a blood alcohol concentration
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of two one-hundredths percent (.02%) or more, but lower than eight
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one-hundredths percent (.08%).
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concentration is eight one-hundredths percent (.08%) or more, the
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provisions of subsection (2) shall apply.
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(b)
(i)
If the person's blood alcohol
A person under the age of twenty-one (21) is
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eligible for nonadjudication of a qualifying first offense by the
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court pursuant to subsection (14) of this section.
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(ii)
Upon conviction of any person under the age
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of twenty-one (21) years for the first offense of violating
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subsection (1) of this section where chemical tests provided for
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under Section 63-11-5 were given, or where chemical test results
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are not available, the person shall be fined Two Hundred Fifty
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Dollars ($250.00); the court shall order the person to attend and
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complete an alcohol safety education program as provided in
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Section 63-11-32 within one (1) year.
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receipt of the court abstract, the Department of Public Safety
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shall suspend the driver's license and driving privileges of the
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person for ninety (90) days unless the person has surrendered his
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driver's license to be voided and obtained a new driver's license
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that is restricted to operation of vehicles equipped with an
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ignition interlock device that complies with Section 63-11-31; the
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person will not be eligible for any other form of license for
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ninety (90) days.
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victim impact panel.
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Fifteen (15) days after
The court may also require attendance at a
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(c)
A person under the age of twenty-one (21) years who
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is convicted of a second violation of subsection (1) of this
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section, the offenses being committed within a period of five (5)
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years, shall be fined not more than Five Hundred Dollars
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($500.00).
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the Department of Public Safety shall suspend the driver's license
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of the person for one (1) year unless the person has surrendered
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his driver's license to be voided and obtained a new driver's
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license that is restricted to operation of vehicles equipped with
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an ignition interlock device that complies with Section 63-11-31;
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the person will not be eligible for an unrestricted license until
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the person has either been subject to a full one-year suspension
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or has exercised the driving privilege solely under an interlock
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restricted license for one (1) full year.
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Fifteen (15) days after receipt of the court abstract,
(d)
A person under the age of twenty-one (21) years who
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is convicted of a third or subsequent violation of subsection (1)
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of this section, the offenses being committed within a period of
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five (5) years, shall be fined not more than One Thousand Dollars
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($1,000.00) and, upon receipt of the court abstract, the
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Department of Public Safety shall suspend the driver's license of
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the person until the person reaches the age of twenty-one (21) or
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for two (2) years, whichever is longer.
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(e)
Any person under the age of twenty-one (21) years
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convicted of a second violation of subsection (1) of this section,
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may have the period of driver's license suspension reduced to six
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(6) months if the person receives an in-depth diagnostic
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assessment, and as a result of the assessment is determined to be
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in need of treatment for alcohol or drug abuse and successfully
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completes treatment for alcohol or drug abuse at a program site
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certified by the Department of Mental Health.
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receives a diagnostic assessment shall pay a fee representing the
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cost of such assessment.
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treatment program shall pay a fee representing the cost of such
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treatment.
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(f)
Each person who
Each person who participates in a
Any person under the age of twenty-one (21) years
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convicted of a third or subsequent violation of subsection (1) of
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this section shall complete treatment of an alcohol or drug abuse
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program at a site certified by the Department of Mental Health.
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(4)
DUI test refusal.
In addition to the other penalties
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provided in this section, every person refusing a law enforcement
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officer's request to submit to a chemical test of the person's
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breath as provided in this chapter, or who was unconscious at the
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time of a chemical test and refused to consent to the introduction
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of the results of the test in any prosecution, shall suffer an
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additional administrative suspension of driving privileges as set
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forth in Section 63-11-23 unless the person surrenders his
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driver's license to be voided and obtains a new driver's license
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that is restricted to operation of vehicles equipped with an
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ignition interlock device that complies with Section 63-11-31; the
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person will be limited to exercise of the driving privilege only
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under an interlock-restricted driver's license for twice the
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period imposed for administrative driver's license suspension
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under Section 63-11-23.
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suspension imposed upon the person under this chapter will run
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consecutively and not concurrently with the administrative
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suspension for test refusal imposed under this section or Section
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63-11-23.
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(5)
Aggravated DUI.
Any other license restriction or
(a)
Every person who operates any
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motor vehicle in violation of the provisions of subsection (1) of
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this section and who in a negligent manner causes the death of
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another or mutilates, disfigures, permanently disables or destroys
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the tongue, eye, lip, nose or any other limb, organ or member of
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another shall, upon conviction, be guilty of a separate felony for
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each victim who suffers death, mutilation, disfigurement or other
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injury and shall be committed to the custody of the State
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Department of Corrections for a period of time of not less than
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five (5) years and not to exceed twenty-five (25) years for each
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death, mutilation, disfigurement or other injury, and the
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imprisonment for the second or each subsequent conviction, in the
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discretion of the court, shall commence either at the termination
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of the imprisonment for the preceding conviction or run
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concurrently with the preceding conviction.
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with causing the death of another as described in this subsection
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shall be required to post bail before being released after arrest.
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Any person charged
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(b)
The court may order an ignition-interlock
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restriction on the offender's privilege to drive as a condition of
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probation or post-release supervision not to exceed four (4)
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years.
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(6)
DUI citations.
Upon conviction of any violation of
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subsection (1) of this section, the trial judge shall sign in the
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place provided on the traffic ticket, citation or affidavit
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stating that the person arrested either employed an attorney or
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waived his right to an attorney after having been properly
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advised.
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address and telephone number of the attorney shall be written on
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the ticket, citation or affidavit.
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copy of the traffic ticket, citation or affidavit, and any other
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pertinent documents concerning the conviction or other order of
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the court, to the Department of Public Safety.
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traffic ticket, citation or affidavit and any other pertinent
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documents, having been attested as true and correct by the
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Commissioner of Public Safety, or his designee, shall be
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sufficient proof of the conviction for purposes of determining the
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enhanced penalty for any subsequent convictions of violations of
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subsection (1) of this section.
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(7)
If the person arrested employed an attorney, the name,
The court clerk shall send a
Out-of-state prior convictions.
A copy of the
Convictions in another
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state, territory or possession of the United States, or under the
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law of a federally recognized Native American tribe, of violations
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for driving or operating a vehicle while under the influence of an
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intoxicating liquor or while under the influence of any other
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substance that has impaired the person's ability to operate a
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motor vehicle occurring within five (5) years before an offense
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shall be counted for the purposes of determining if a violation of
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subsection (1) of this section is a second, third or subsequent
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offense and the penalty that shall be imposed upon conviction for
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a violation of subsection (1) of this section.
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(8)
Charging of subsequent offenses.
For the purposes of
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determining how to impose the sentence for a second, third or
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subsequent conviction under this section, the affidavit or
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indictment shall not be required to enumerate previous
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convictions.
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indictment state the number of times that the defendant has been
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convicted and sentenced within the past five (5) years under this
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section to determine if an enhanced penalty shall be imposed.
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amount of fine and imprisonment imposed in previous convictions
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shall not be considered in calculating offenses to determine a
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second, third or subsequent offense of this section.
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(9)
It shall only be necessary that the affidavit or
License eligibility for underage offenders.
The
Any person
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under the legal age to obtain a license to operate a motor vehicle
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convicted under this section shall not be eligible to receive a
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driver's license until the person reaches the age of eighteen (18)
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years.
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(10)
License suspensions and restrictions to run
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consecutively.
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Suspension or restriction of driving privileges
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for any person convicted of or nonadjudicated for violations of
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subsection (1) of this section shall run consecutively and not
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concurrently.
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(11)
Ignition interlock.
* * * If the court orders
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installation and use of an ignition interlock device as provided
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in Section 63-11-31 for every vehicle operated by a person
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convicted or nonadjudicated under this section the device shall be
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installed as provided in Section 63-11-31.
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(12)
DUI child endangerment.
A person over the age of
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twenty-one (21) who violates subsection (1) of this section while
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transporting in a motor vehicle a child under the age of sixteen
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(16) years is guilty of the separate offense of endangering a
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child by driving under the influence of alcohol or any other
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substance which has impaired the person's ability to operate a
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motor vehicle.
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under the influence of alcohol or any other substance which has
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impaired the person's ability to operate a motor vehicle shall not
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be merged with an offense of violating subsection (1) of this
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section for the purposes of prosecution and sentencing.
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offender who is convicted of a violation of this subsection shall
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be punished as follows:
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(a)
The offense of endangering a child by driving
An
A person who commits a violation of this subsection
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which does not result in the serious injury or death of a child
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and which is a first conviction shall be guilty of a misdemeanor
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and, upon conviction, shall be fined not more than One Thousand
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Dollars ($1,000.00) or shall be imprisoned for not more than
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twelve (12) months, or both;
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(b)
A person who commits a violation of this subsection
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which does not result in the serious injury or death of a child
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and which is a second conviction shall be guilty of a misdemeanor
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and, upon conviction, shall be fined not less than One Thousand
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Dollars ($1,000.00) nor more than Five Thousand Dollars
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($5,000.00) or shall be imprisoned for one (1) year, or both;
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(c)
A person who commits a violation of this subsection
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which does not result in the serious injury or death of a child
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and which is a third or subsequent conviction shall be guilty of a
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felony and, upon conviction, shall be fined not less than Ten
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Thousand Dollars ($10,000.00) or shall be imprisoned for not less
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than one (1) year nor more than five (5) years, or both; and
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(d)
A person who commits a violation of this subsection
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which results in the serious injury or death of a child, without
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regard to whether the offense was a first, second, third or
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subsequent offense, shall be guilty of a felony and, upon
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conviction, shall be punished by a fine of not less than Ten
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Thousand Dollars ($10,000.00) and shall be imprisoned for not less
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than five (5) years nor more than twenty-five (25) years.
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(13)
Expunction.
(a)
Any person convicted under subsection
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(2) or (3) of this section of a first offense of driving under the
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influence and who was not the holder of a commercial driver's
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license or a commercial learning permit may petition the circuit
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court of the county in which the conviction was had for an order
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to expunge the record of the conviction at least five (5) years
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after successful completion of all terms and conditions of the
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sentence imposed for the conviction.
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subsection will only be available to a person:
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(i)
Who has successfully completed all terms and
conditions of the sentence imposed for the conviction;
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Expunction under this
(ii)
Who did not refuse to submit to a test of his
blood or breath;
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(iii)
Whose blood alcohol concentration tested
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below sixteen one-hundredths percent (.16%) if test results are
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available;
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(iv)
have pending any other offense of driving under the influence; and
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Who has not been convicted of and does not
(v)
Who has provided the court with justification
as to why the conviction should be expunged.
(b)
A person is eligible for only one (1) expunction
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under this subsection, and the Department of Public Safety shall
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maintain a confidential registry of all cases of expunction under
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this subsection for the sole purpose of determining a person's
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eligibility as a first offender under this section.
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(c)
The court in its order of expunction shall state in
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writing the justification for which the expunction was granted and
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forward the order to the Department of Public Safety within five
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(5) days of the entry of the order.
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(14)
Nonadjudication.
(a)
For the purposes of this
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chapter, "nonadjudication" means that the court withholds
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adjudication of guilt, either at the conclusion of a trial on the
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merits, or upon the entry of a plea of guilt by a defendant.
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Nonadjudication must be conditioned upon the successful completion
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of any conditions imposed by the court under this subsection.
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(b)
The court may rule that a * * * first offense under
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subsection (1) or (3) of this section be nonadjudicated.
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is eligible for nonadjudication only one (1) time under any
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provision of a law that authorizes nonadjudication.
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(c)
A person
* * *
Nonadjudication may be initiated upon the filing of a
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petition for nonadjudication or at any stage of the proceedings
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before conviction in the discretion of the court; the court may
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withhold adjudication of guilt, defer sentencing, and enter an
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order imposing requirements on the offender.
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(i)
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Pay the nonadjudication fee imposed under
2.
Pay all fines, penalties and assessments
that would have been imposed for conviction;
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1.
Section 63-11-31;
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The court shall order the person to:
3.
Attend and complete an alcohol safety
education program as provided in Section 63-11-32;
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4.
(A)
Install an ignition interlock device
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on every motor vehicle driven by the person, obtain an interlock
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restricted license, and maintain that license for one hundred
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twenty (120) days; or (B)
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suspension of the person's driver's license, whether such license
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is an in-state or out-of-state license.
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* * *
(ii)
Suffer a One Hundred Twenty (120) day
Other conditions to be imposed by the
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court may include, but are not limited to, alcohol or drug
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screening, or both, proof that the person has not committed any
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other traffic violations while under court supervision, proof of
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immobilization or impoundment of vehicles owned by the offender if
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required, and attendance at a victim-impact panel.
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(d)
The court may enter an order of nonadjudication
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only if the court finds, after a hearing, that the offender has
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successfully completed all conditions imposed by law and previous
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orders of the court.
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cases involving nonadjudication for a period of not more than two
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(2) years.
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(e)
The court shall retain jurisdiction over
The clerk shall forward a record of every
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nonadjudicated case to the Department of Public Safety which shall
387
maintain a confidential registry of all cases that are
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nonadjudicated as provided in this subsection (14).
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clerks and prosecutors involved in the trial of implied consent
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violations shall have access to the confidential registry for the
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purpose of determining whether a person has previously been the
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subject of a nonadjudicated case and is therefore ineligible for
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another nonadjudication.
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department shall have access to the confidential registry for the
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Judges,
The Driver Services Bureau of the
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purpose of determining whether a person is eligible for a form of
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license not restricted to operating a vehicle equipped with an
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ignition interlock device.
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SECTION 2.
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amended as follows:
400
63-11-31.
401
402
Section 63-11-31, Mississippi Code of 1972, is
(1)
(a)
The provisions of this section are
supplemental to the provisions of Section 63-11-30.
(b)
(i)
"Ignition interlock device" means a device
403
approved by the Department of Public Safety that connects a motor
404
vehicle ignition system to a breath-alcohol analyzer and prevents
405
a motor vehicle ignition from starting if the driver's blood
406
alcohol level exceeds the calibrated setting on the device.
407
(ii)
"Interlock restricted license" means a
408
driver's license bearing a restriction that limits the person to
409
operation of vehicles equipped with an ignition interlock device.
410
411
(c)
A person who can exercise the privilege of driving
only under an interlock restricted license:
412
(i)
Must have an ignition interlock device
413
installed and operating on all motor vehicles driven by the
414
person; or
415
(ii)
If the person does not obtain an interlock
416
restricted license within fifteen (15) days after the department
417
receives the court abstract of a conviction or other order
418
affecting the person's privilege to drive under Section 63-11-30:
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419
1.
The Department of Public Safety must
420
suspend the person's driving privilege; notice of the suspension
421
shall be given as provided in Section 63-1-52; and
422
2.
For a second or subsequent violation of
423
Section 63-11-30, all motor vehicles owned by the person must be
424
either impounded or immobilized as provided in subsection (6) of
425
this section.
426
(iii)
Must not be charged under Section 63-11-30
427
for driving under the influence of any drug or controlled
428
substance under the Mississippi Controlled Substances Law.
429
(d)
A person who installs an ignition interlock device
430
and obtains an interlock restricted license before conviction or
431
nonadjudication shall be given credit for the time period the
432
ignition interlock device has been in use at the time of
433
sentencing or nonadjudication.
434
(2)
(a)
The cost of installation and operation of an
435
ignition interlock device shall be borne by the person to whom an
436
interlock-restricted driver's license is issued unless the person
437
is determined to be indigent.
438
(b)
(i)
A person convicted under Section 63-11-30
439
shall be assessed by the court, in addition to the criminal fines,
440
penalties and assessments provided by law for violations of
441
Section 63-11-30, a fee of Fifty Dollars ($50.00), to be deposited
442
in the Interlock Device Fund in the State Treasury.
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443
(ii)
A person nonadjudicated under Section
444
63-11-30 shall be assessed by the court, in addition to the
445
criminal fines, penalties and assessments provided by law for
446
violations of Section 63-11-30, a fee of Two Hundred Fifty Dollars
447
($250.00) to be deposited in the Interlock Device Fund in the
448
State Treasury.
449
(3)
(a)
The Department of Public Safety shall promulgate
450
rules and regulations for the use of an ignition interlock device.
451
The Department of Public Safety shall approve which vendors shall
452
be used to furnish the systems, may assess fees to the vendors,
453
and shall prescribe the maximum costs to the offender for
454
installation, removal, monthly operation, periodic inspections,
455
calibrations and repairs.
456
457
(b)
A person who has an ignition interlock device
installed in a vehicle shall:
458
(i)
Provide proof of the installation of the
459
device and periodic reporting for verification of the proper
460
operation of the device;
461
462
(ii)
Have the system monitored for proper use and
accuracy as required by departmental regulation;
463
(iii)
Pay the reasonable cost of leasing or
464
buying, monitoring, and maintaining the device unless the person
465
is determined to be indigent.
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466
(4)
(a)
(i)
A person who is limited to driving only under
467
an interlock restricted driver's license shall not operate a
468
vehicle that is not equipped with an ignition interlock device.
469
(ii)
A person prohibited from operating a motor
470
vehicle that is not equipped with an ignition interlock device may
471
not solicit or have another person attempt to start or start a
472
motor vehicle equipped with such a device.
473
(iii)
A person may not start or attempt to start a
474
motor vehicle equipped with an ignition interlock device for the
475
purpose of providing an operable motor vehicle to a person who is
476
prohibited from operating a motor vehicle that is not equipped
477
with an ignition interlock device.
478
(iv)
A person may not tamper with, or in any way
479
attempt to circumvent, the operation of an ignition interlock
480
device that has been installed in a motor vehicle.
481
(v)
A person may not knowingly provide a motor
482
vehicle not equipped with a functioning ignition interlock device
483
to another person who the provider of the vehicle knows or should
484
know is prohibited from operating a motor vehicle not equipped
485
with an ignition interlock device.
486
(b)
A violation of this subsection (4) is a misdemeanor
487
and upon conviction the violator shall be fined an amount not less
488
than Two Hundred Fifty Dollars ($250.00) nor more than One
489
Thousand Dollars ($1,000.00) or imprisoned for not more than one
490
(1) year, or both, unless the starting of a motor vehicle equipped
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491
with an ignition interlock device is done for the purpose of
492
safety or mechanical repair of the device or the vehicle, and the
493
person subject to the restriction does not operate the vehicle.
494
495
(5)
(a)
In order to obtain an interlock restricted license,
a person must:
496
(i)
Be otherwise qualified to operate a motor
497
vehicle, and will be subject to all other restrictions on the
498
privilege to drive provided by law;
499
(ii)
Submit proof that an ignition interlock
500
device is installed and operating on all motor vehicles driven by
501
the person; and
502
503
(iii)
Pay the fee set forth in Section 63-1-43 to
obtain the license.
504
(b)
(i)
If the person's privilege to drive has been
505
suspended due to the person's violation of Section 63-11-30, the
506
person must also pay the reinstatement fee set forth in Section
507
63-1-46(2)(a).
508
(ii)
If the person obtains an interlock restricted
509
license before suspension of the driving privilege is imposed, the
510
reinstatement fee will not be assessed.
511
(6)
(a)
In addition to the penalties authorized for any
512
second or subsequent conviction under Section 63-11-30, the court
513
shall order that all vehicles owned by the offender that are not
514
equipped with an ignition interlock device must be either
515
impounded or immobilized pending further order of the court
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516
lifting the offender's driving restriction.
517
municipality, sheriff's department or the Department of Public
518
Safety shall be required to keep, store, maintain, serve as a
519
bailee or otherwise exercise custody over a motor vehicle
520
impounded under the provisions of this section.
521
associated with any impoundment or immobilization shall be paid by
522
the person convicted without regard to ability to pay.
523
(b)
However, no county,
The cost
A person may not tamper with, or in any way attempt
524
to circumvent, vehicle immobilization or impoundment ordered by
525
the court under this section.
526
is a misdemeanor and upon conviction the violator shall be fined
527
an amount not less than Two Hundred Fifty Dollars ($250.00) nor
528
more than One Thousand Dollars ($1,000.00) or imprisoned for not
529
more than one (1) year, or both.
530
(7)
(a)
A violation of this paragraph (b)
The Department of Public Safety shall promulgate
531
rules and regulations for the use of monies in the Interlock
532
Device Fund to offset the cost of device installation and
533
operation by indigent offenders.
534
(b)
Indigence shall be determined based on proof of
535
enrollment in one or more of the following types of public
536
assistance:
537
538
(i)
Temporary Assistance for Needy Families
(TANF);
539
(ii)
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540
541
(iii)
Program (SNAP), also known as "food stamps";
542
(iv)
543
(v)
544
The Supplemental Nutritional Assistance
Supplemental security income (SSI);
Participation in a federal food distribution
program;
545
(vi)
546
(vii)
547
(viii)
548
(c)
Federal housing assistance;
Unemployment compensation; or
Other criteria approved by the department.
No more than ten percent (10%) of the money in the
549
Interlock Device Fund in any fiscal year shall be expended by the
550
department for the purpose of administering the fund.
551
(d)
(i)
Money in the Interlock Device Fund will be
552
appropriated to the department to cover part of the costs of
553
installing, removing and leasing ignition interlock devices for
554
indigent people who are required, pursuant to a conviction or
555
nonadjudication under Section 63-11-30, to install an ignition
556
interlock device in all vehicles driven by the person.
557
(ii)
If money is available in the Interlock Device
558
Fund, the department shall pay to the vendor, for one (1) vehicle
559
per offender, up to Fifty Dollars ($50.00) for the cost of
560
installation, up to Fifty Dollars ($50.00) for the cost of
561
removal, and up to Thirty Dollars ($30.00) monthly for verified
562
active usage of the ignition interlock device.
563
shall not pay any amount above what an offender would be required
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564
to pay for the installation, removal or usage of an ignition
565
interlock device.
566
(8)
In order to reinstate a form of driver's license that is
567
not restricted to operation of an ignition interlock equipped
568
vehicle, the person must:
569
(a)
Submit proof of successful completion of an alcohol
570
safety program as provided in Section 63-11-32 if so ordered by
571
the court;
572
573
(b)
63-1-46(1)(a);
574
(c)
575
63-1-43.
576
(9)
577
578
579
Pay the reinstatement fee required under Section
Pay the driver's license fee required under Section
Offenses prescribed by this section shall be prosecuted
in the court of original jurisdiction.
SECTION 3.
This act shall take effect and be in force from
and after July 1, 2015.
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Implied Consent Law; revise.
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ST: