ENGROSSED ORIGINAL 1 A BILL 1 2 25-425 3 4 5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6 7 _________________________ 8 9 10 To amend the Motor Vehicle Services Fees and Driver Education Support Act of 1982 to require 11 that the Department of Motor Vehicles develop a safe driving curriculum and to authorize 12 the DMV to waive outstanding fines and fees based on participation in the program; to 13 amend the Motor Vehicle Safety Responsibility Act of the District of Columbia to clarify 14 the offenses for which a conviction or bond forfeiture results in a suspension of licenses 15 and registrations and to state the requirements for the reinstatement of licenses and 16 registrations; to amend the District of Columbia Traffic Act, 1925 to allow the District to 17 tow or immobilize vehicles based on the accumulation of certain traffic infractions over 18 any consecutive 6 months, regardless of whether the associated fine is paid or unpaid, to 19 amend the definitions of reckless driving and aggravated reckless driving, to authorize 20 the Office of Attorney General to bring civil actions against drivers for speeding, reckless 21 driving, and aggravated reckless driving, to modify the requirements of the Ignition 22 Interlock Program, including the conduct for which enrollment can be required, notice 23 requirements for District agencies, hearing procedures, and the cost to participants, to 24 establish the Intelligent Speed Assistance Program, to specify that the Mayor’s general 25 authority to restrict driving privileges requires good cause and to provide the notice 26 requirements for restricting driving privileges under that authority; to amend An Act To 27 establish a code of law for the District of Columbia to clarify that negligent homicide 28 includes striking any person in a crosswalk; to amend the Anti-Drunk Driving Act of 29 1982 to require that D.C. Superior Court judges order the revocation of driver’s licenses 30 for individuals convicted of driving under the influence and to require that the 31 Department of Motor Vehicles transmit data related to revocation of driver’s licenses in 32 response to such orders to D.C. Superior Court, the Office of the Attorney General, and 33 the Council committee with oversight over the Department of Motor Vehicles; and to 34 amend the District of Columbia Revenue Act of 1937 to require that the Metropolitan 35 Police Department transit data related to stolen vehicles to the Department of Motor 36 Vehicles. 37 38 ENGROSSED ORIGINAL 2 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 39 act may be cited as the “Strengthening Traffic Enforcement, Education, and Responsibility 40 (“STEER”) Amendment Act of 2024”. 41 Sec. 2. The Motor Vehicle Services Fees and Driver Education Support Act of 1982, 42 effective April 3, 1982 (D.C. Law 4-97; 29 DCR 765), is amended by adding a new section 9a to 43 read as follows: 44 “Sec. 9a. Safe driving course; waiver of fines for completion of course. 45 “(a) The Department of Motor Vehicles (“DMV”) shall develop and administer a safe 46 driving curriculum composed of different courses related to safe driving practices and traffic 47 regulations. 48 “(b)(1) The DMV may waive any outstanding fines for violations of section 9 of the 49 District of Columbia Traffic Act, 1925, approved March 3, 1925 (34 Stat. 1123; D.C. Official 50 Code § 50–2201.04), based on an individual’s participation in, and completion of, courses 51 developed pursuant to subsection (a) of this section. 52 “(2) Waivers under this subsection shall be provided at a rate of $100 per hour of 53 participation in a completed course; provided, that the DMV shall not waive more than $500 per 54 individual in any consecutive 12-month period.”. 55 Sec. 3. The Motor Vehicle Safety Responsibility Act of the District of Columbia, 56 approved May 25, 1954 (68 Stat. 120; D.C. Official Code § 50–1301.01 et seq.), is amended as 57 follows: 58 ENGROSSED ORIGINAL 3 (a) Section 2(3)(C) (D.C. Official Code § 50–1301.02(3)(C)) is amended by striking the 59 phrase “nonresident’s operating privilege as defined herein” and inserting the phrase 60 “nonresident’s privilege to operate a motor vehicle in the District of Columbia” in its place. 61 (b) Section 34 (D.C. Official Code § 50–1301.34) is amended as follows: 62 (1) The section heading is amended by striking the phrase “of future 63 responsibility” and inserting the phrase “proof of financial responsibility” in its place. 64 (2) Strike the phrase “responsibility for the future, subject” and insert the phrase 65 “responsibility, subject” in its place. 66 (c) Section 35 (D.C. Official Code § 50–1301.35) is amended to read as follows: 67 “Sec. 35. Definitions. 68 “For the purposes of this act, the term: 69 “(1) “DMV” means the Department of Motor Vehicles established pursuant to 70 section 1822(a) of the Department of Motor Vehicles Establishment Act of 1998, effective 71 March 26, 1999 (D.C. Law 12-175; D.C. Official Code § 50–901(a)). 72 “(2) “Judgment” means any judgment which shall have become final by 73 expiration without appeal of the time within which an appeal might have been perfected, or by 74 final affirmation on appeal, rendered by a court of competent jurisdiction of any state, the 75 District of Columbia, or of the United States, upon a cause of action arising out of the ownership, 76 maintenance, or use of any vehicle of a type subject to registration under the laws of the District 77 of Columbia, for damages, including damages for care and loss of services, because of bodily 78 injury to or death of any person, or for damages because of injury to or destruction of property 79 ENGROSSED ORIGINAL 4 including the loss of use thereof, or upon a cause of action on an agreement of settlement for 80 such damages. 81 “(3) “Proof of financial responsibility” or “proof” means proof that the motor 82 vehicle subject to registration or reciprocity under the laws of the District of Columbia is an 83 insured motor vehicle under the provisions of the Compulsory/No-Fault Motor Vehicle 84 Insurance Act of 1982. 85 “(4) “State” means any state, territory, or possession of the United States or any 86 province or territory of Canada.”. 87 (d) Section 36 (D.C. Official Code § 50–1301.36) is repealed. 88 (e) Section 37 (D.C. Official Code § 50-1301.37) is amended to read as follows: 89 “Sec. 37. Suspension of license and registration upon conviction of certain offenses; 90 exceptions; transmission of judgments. 91 “(a) The DMV shall suspend, in accordance with the requirements of section 38, the 92 license and registration of any person who was convicted or adjudicated a juvenile delinquent by 93 a final order or judgment for, or who forfeited any bond or collateral given to secure their 94 appearance for trial for a violation of, the following offenses: 95 “(1) Driving under the influence (DUI) of alcohol or a drug, as described in 96 section 3b of the Anti-Drunk Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; 97 D.C. Official Code § 50–2206.11); 98 ENGROSSED ORIGINAL 5 “(2) Driving under the influence of alcohol or a drug; commercial vehicle, as 99 described in section 3c of the Anti-Drunk Driving Act of 1982, effective April 27, 2013 (D.C. 100 Law 19-266; D.C. Official Code § 50–2206.12); 101 “(3) Operating a vehicle while impaired, as described in section 3e of the Anti-102 Drunk Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code § 103 50–2206.14); 104 “(4) Any homicide resulting from a person being struck by a motor vehicle, 105 including: 106 “(A) Murder in the first degree, as described in sections 798 of An Act To 107 establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1321; 108 D.C. Official Code § 22–2101); 109 “(B) Murder in the second degree, as described in section 800 of An Act 110 To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1321; 111 D.C. Official Code § 22–2103); 112 “(C) Manslaughter; and 113 “(D) Negligent homicide, as described in section 802(a) of An Act To 114 establish a code of law for the District of Columbia, approved March 3, 1901 (49 Stat. 385; D.C. 115 Official Code § 50–2203.01); 116 “(5) Leaving after colliding, as described in section 10c of the District of 117 Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1124; D.C. Official Code § 50–118 2201.05c); 119 ENGROSSED ORIGINAL 6 “(6) Aggravated reckless driving, as described in section 9(b-1) of the District of 120 Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1123; D.C. Official Code § 50–121 2201.04(b-1)); 122 “(7) Any felony in the commission of which a motor vehicle is used; or 123 “(8) Any offense committed in another state which, if committed in the District of 124 Columbia, would constitute one of the offenses listed in paragraphs (1) through (7) of this 125 subsection. 126 “(b) Notwithstanding subsection (a) of this section, the DMV shall not suspend 127 registrations as described in subsection (a) of this section in cases where the conviction was 128 based on: 129 “(1) A person’s operation of a vehicle owned by or leased to the United States, the 130 District of Columbia, another state, or a political subdivision thereof; and 131 “(2) The person was acting as an agent of the United States, the District of 132 Columbia, another state, or a political subdivision thereof. 133 “(c)(1)(A) Whenever a judgment of conviction for any offenses listed in subsection (a) of 134 this section has become final, the Superior Court of the District of Columbia shall transmit a 135 record of the conviction to the DMV. 136 “(B) A judgment of conviction shall be deemed to have become final for 137 the purposes of this subsection if: 138 “(i) No appeal is taken from the judgment, upon the expiration of 139 the time within which an appeal could have been taken; or 140 ENGROSSED ORIGINAL 7 “(ii) An appeal is taken from the judgment, the date upon which 141 the judgment, having been sustained, can no longer be appealed from or reviewed on a writ of 142 certiorari. 143 “(2) If the DMV receives a record of a conviction of a nonresident, the DMV shall 144 transmit the record to the state or territorial agency that issued the nonresident’s license. 145 “(d) Nothing in this section shall limit the power of a judge of the Superior Court for the 146 District of Columbia to limit or restrict a defendant’s driving privileges as a condition of a pre-147 trial release or as a component of the defendant’s sentence.”. 148 (f) Section 38 (D.C. Official Code § 50–1301.38) is amended to read as follows: 149 “Sec. 38. Requirements for reinstatement of license and registration. 150 “(a) For any person whose license and registration was suspended pursuant to section 37, 151 the person’s license and registration shall remain suspended, and the person shall be ineligible 152 for a new or renewed license or registration, until the person: 153 “(1) Completes a 6-month period of license and registration suspension; 154 “(2) Provides and maintains proof of financial responsibility; 155 “(3) Pays a $100 reinstatement fee; 156 “(4) If the person committed a covered offense, as that term is defined in section 157 10a(a) of the District of Columbia Traffic Act, 1925, effective April 3, 2001 (D.C. Law 13-238; 158 D.C. Official Code § 50–2201.05a(a)) (“Traffic Act of 1925”), successfully completes the period 159 of enrollment in the Ignition Interlock Program as required by section 10a of the Traffic Act of 160 1925; and 161 ENGROSSED ORIGINAL 8 “(5) If the person was traveling 20 miles per hour or more over the speed limit 162 during the commission of the offense, successfully completes the period of enrollment in the 163 Intelligent Speed Assistance Program as required by section 10a-1 of the District of Columbia 164 Traffic Act, 1925, as approved by the Committee on Transportation and the Environment on 165 December 6, 2023 (Committee print of Bill 25-425). 166 “(b) If a person is required to be enrolled indefinitely in the Ignition Interlock Program 167 pursuant to section 10a(h)(1)(D) of the Traffic Act of 1925, or is required to be enrolled 168 indefinitely in the Intelligent Speed Assistant Program pursuant to section 10a-1(c)(4) of the 169 Traffic Act of 1925, the person shall not be issued a license and, instead, shall only be issued a 170 restricted license subject to the condition that the person remain enrolled in the Ignition Interlock 171 Program or Intelligent Speed Assistant Program, respectively. 172 “(c) The DMV may, through rulemaking, adopt additional requirements that must be 173 satisfied before a person’s license is reinstated as described in subsection (a) of this section.”. 174 (g) Section 39 (D.C. Official Code § 50–1301.39) is repealed. 175 (h) Section 40 (D.C. Official Code § 50–1301.40) is repealed. 176 (i) Section 52 (D.C Official Code § 50–1301.52) is amended by striking the phrase 177 “responsibility for the future unless” and inserting the phrase “responsibility unless” in its place. 178 Sec. 4. The District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 179 1119; D.C. Official Code § 50–2201.01 et seq.), is amended as follows: 180 (a) Section 2 (D.C. Official Code § 50–2201.02) is amended as follows: 181 ENGROSSED ORIGINAL 9 (1) The lead-in language is amended by striking the phrase “this chapter,” and 182 inserting the phrase “this chapter, and all rules issued thereunder,” in its place. 183 (2) New paragraphs (8A) and (8B) are added to read as follows: 184 “(8A) “Immobilization device” means any device or mechanism that, when 185 equipped to a motor vehicle, prevents the motor vehicle’s operation but causes no damage to the 186 motor vehicle unless the motor vehicle is moved while such device or mechanism is in place. 187 “(8B) “Immobilization-eligible vehicle” means any unattended vehicle found 188 parked on any public highway in the District of Columbia against which: 189 “(A) There are 2 or more unpaid notices of infraction or vehicle 190 conveyance fees that the owner was deemed to have admitted or that were sustained after a 191 hearing, pursuant to section 305 or section 306 of the District of Columbia Traffic Adjudication 192 Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2303.05 or 193 § 50-2303.06), or section 902 of the Fiscal Year 1997 Budget Support Act of 1996, effective 194 April 9, 1997 (D.C. Law 11-198; D.C. Official Code 50-2209.02); 195 “(B) There have been issued 2 or more warrants; or 196 “(C) The Mayor has assessed 10 or more points under this subparagraph 197 based on convictions, sustained notices of infractions, including infractions detected by the 198 automated traffic enforcement system described in section 901 of the Fiscal Year 1997 Budget 199 Support Act, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50–2209.01), or 200 adjudications as a juvenile delinquent, within any consecutive 6-month period beginning after 201 the effective date of the Strengthening Traffic Enforcement, Education, and Responsibility 202 ENGROSSED ORIGINAL 10 (“STEER”) Amendment Act of 2024, passed on 1st reading on January 9, 2024 (Engrossed 203 Version of Bill 25-425), in accordance with the following table: 204 Infractions / Offenses Points Speeding 11-15 miles per hour over the speed limit 2 Speedling 16-19 miles per hour over the speed limit 3 Speeding 20 miles per hour or more over the speed limit 5 Reckless Driving 5 Aggravated Reckless Driving 10 .”. 205 (3) Paragraph (15) is repealed. 206 (b) Section 6(k) (D.C. Official Code § 50–2201.03(k)) is amended as follows: 207 (1) Paragraph (1) is amended to read as follows: 208 “(1) The Mayor and the United States Park Police may take the following actions 209 against an immobilization-eligible vehicle: 210 “(A) Remove the vehicle, through towing or other means, and transport 211 the vehicle to any place designated by the Mayor for impoundment; or 212 “(B) Immobilize the vehicle using an immobilization device.”. 213 (2) Paragraph (5) is amended by striking the period and inserting the phrase “; 214 provided, that in the case of an immobilization or impoundment made pursuant to section 215 2(8B)(C), the owners shall also provide evidence of completion of a safe driving course created 216 pursuant to section 9a(a) of the Motor Vehicle Services Fees and Driver Education Support Act 217 ENGROSSED ORIGINAL 11 of 1982, as approved by the Committee on Transportation and the Environment on December 6, 218 2023 (Committee Print of Bill 25-425).” in its place. 219 (c) Section 9 (D.C. Official Code § 50–2201.04) is amended to read as follows: 220 “Sec. 9. Speeding and reckless driving. 221 “(a) No vehicle shall be operated at a greater rate of speed than permitted by the 222 regulations adopted under the authority of this act. 223 “(b) A person commits the offense of reckless driving if the person drives a motor vehicle 224 on any highway in the District: 225 “(1) At a speed of 20 miles per hour or more in excess of the speed limit; or 226 “(2) In any other manner that displays a conscious disregard of the risk of causing 227 property damage or bodily injury to any person. 228 “(c) A person commits the offense of aggravated reckless driving if the person drives a 229 motor vehicle on any highway in the District: 230 “(1) At a speed of 30 miles per hour or more above the speed limit; or 231 “(2) At a speed of 20 miles per hour or more above the speed limit; and 232 “(A) Causes bodily injury to any other person; 233 “(B) Collides with another motor vehicle; or 234 “(C) Causes $1,000 or more in property damage. 235 “(d) Any person convicted of reckless driving shall: 236 “(1) For a first or second conviction of reckless driving, be fined no more than the 237 amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 238 ENGROSSED ORIGINAL 12 effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for 239 no more than 90 days, or both; and 240 “(2) For a third or subsequent conviction for reckless driving within a 2-year 241 period, be fined no more than the amount set forth in section 101 of the Criminal Fine 242 Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 243 Official Code § 22-3571.01), or incarcerated for no more than one year, or both. 244 “(e) Any person convicted of aggravated reckless driving shall be: 245 “(1) For a first or second conviction of aggravated reckless driving, be fined no 246 more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment 247 Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or 248 incarcerated for no more than 180 days, or both; and 249 “(2) For a third or subsequent conviction for aggravated reckless driving within a 250 2-year period, be fined no more than the amount set forth in section 101 of the Criminal Fine 251 Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 252 Official Code § 22-3571.01), or incarcerated for no more than 2 years, or both. 253 “(f) When determining whether a defendant has a prior conviction for reckless driving or 254 aggravated reckless driving, the Court shall include convictions for any offense from another 255 state or territory of the United States which, if committed in the District of Columbia, would 256 constitute reckless driving or aggravated reckless driving, respectively. 257 “(g)(1) The Attorney General may bring a civil cause of action in the Superior Court of 258 the District of Columbia: 259 ENGROSSED ORIGINAL 13 “(A) In personam, against any driver who is suspected of violating this 260 section; or 261 “(B) In rem, against any motor vehicle operated by a driver in a manner 262 that violates this section. 263 “(2) The Attorney General shall not bring a civil cause of action as described in 264 paragraph (1) of this subsection against any person or motor vehicle: 265 “(A) Regarding a violation of this section for which the fine imposed 266 pursuant to regulations adopted under subsection (a) of this section: 267 “(i) Is being contested or appealed; 268 “(ii) Is not yet due; 269 “(iii) Has been paid by the defendant; or 270 “(iv) Is subject to a payment plan through which the defendant is 271 making timely payments; or 272 “(B) Who is currently serving or has completed serving the sentence 273 imposed pursuant to subsection (d) or subsection (e) of this section. 274 “(3) In civil actions brought pursuant to paragraph (1) of this subsection, the 275 Attorney General may seek: 276 “(A) Payment of any portion of the person’s outstanding fines; 277 “(B) Reasonable attorney’s fees; 278 “(C) For a defendant with a driver’s license issued by: 279 ENGROSSED ORIGINAL 14 “(i) The District, the suspension or revocation of the defendant’s 280 driver’s license; or 281 “(ii) Another jurisdiction, the suspension or revocation of the 282 defendant’s privilege to drive in the District; and 283 “(D) The immobilization of the motor vehicle through booting or towing 284 and impoundment. 285 “(4) If a court orders the immobilization of a motor vehicle through booting or 286 towing and impounding pursuant to paragraph (3)(D) of this subsection, the court’s order: 287 “(A) Shall include a procedure to have the boot removed or the motor 288 vehicle reclaimed from impoundment that is consistent with the requirements of section 9 of the 289 Removal and Disposition of Abandoned and Other Unlawfully Parked Vehicles Reform Act of 290 2003, effective October 28, 2003 (D.C. Law 15-35; D.C Official Code § 50-2421.09) 291 (“Impoundment Act”) and District government policy; and 292 “(B) May state a date after which, if the order has not been with, the 293 Mayor may auction or scrap the motor vehicle consistent with sections 8 and 10 of the 294 Impoundment Act. 295 “(5) The Attorney General may seek to enforce any final judgment in a case 296 brought pursuant to paragraph (1) of this subsection in any court of competent jurisdiction. 297 “(6) The Attorney General may retain outside counsel to perform any of the 298 functions described in this subsection.”. 299 (d) Section 10a (D.C. Official Code § 50–2201.05a) is amended to read as follows: 300 ENGROSSED ORIGINAL 15 “Sec. 10a. Establishment of Ignition Interlock System Program. 301 “(a) For the purposes of this section, the term “covered offense” means: 302 “(1) Driving under the influence (DUI) of alcohol or a drug, as described in 303 section 3b of the Anti-Drink Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; 304 D.C. Official Code § 50–2206.11); 305 “(2) Driving under the influence of alcohol or a drug; commercial vehicle, as 306 described in section 3c of the Anti-Drink Driving Act of 1982, effective April 27, 2013 (D.C. 307 Law 19-266; D.C. Official Code § 50–2206.12); 308 “(3) Operating a vehicle while impaired, as described in section 3e of the Anti-309 Drink Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code § 310 50–2206.14); 311 “(4) Refusal to submit to chemical testing as required under section 4b of the 312 District of Columbia Implied Consent Act, approved October 21, 1972 (86 Stat. 1017; D.C. 313 Official Code § 50–1904.02); or 314 “(5) Any other offense or conduct committed in another jurisdiction, including 315 foreign jurisdictions and military jurisdictions, which, if committed in the District of Columbia, 316 would be one of the offenses listed in paragraphs (1) through (4) of this subsection. 317 “(b) There is established within the Department of Motor Vehicles (“DMV”) an Ignition 318 Interlock Program that shall install, and monitor compliance with, ignition interlock systems in 319 the vehicle of any person: 320 ENGROSSED ORIGINAL 16 “(1) Found to have committed a covered offense as described in subsections (c) 321 through (f) of this section; or 322 “(2) Convicted of an offense requiring enrollment as a condition of reinstatement 323 pursuant to section 38(a)(4) of the Motor Vehicle Safety Responsibility Act of the District of 324 Columbia, approved May 25, 1954 (68 Stat. 130; D.C. Official Code § 50–1301.38(a)(4)). 325 “(c) Law enforcement officers shall for any person the officer has probable cause to 326 believe committed a covered offense: 327 “(1) Immediately provide notice to the person, that: 328 “(A) The DMV shall seek the revocation of the person’s license and, for 329 person’s with a license issued by the DMV, require that the person enroll in the Ignition 330 Interlock Program established pursuant to subsection (b) of this section to receive a restricted 331 license; 332 “(B) The person has 10 business days from receipt of the notice to request 333 a hearing with the DMV to contest the revocation of their license or the requirement to enroll in 334 the Ignition Interlock Program; and 335 “(C) Failure to request a hearing within 10 business days shall result in the 336 immediate revocation of the person’s license; provided that, the person may receive a restricted 337 license if they are permitted to, and enroll in, the Ignition Interlock Program; and 338 “(2) Within 72 hours provide the DMV with: 339 “(A) The driver’s name and license information; 340 “(B) The officer’s name and badge number; 341 ENGROSSED ORIGINAL 17 “(C) A description of the covered offense for which the officer has 342 probable cause; and 343 “(D) Hearing dates and times for which the officer is available. 344 “(d)(1) Any person who has received notice of the DMV’s proposed revocation of their 345 license or requirement to enroll in the Ignition Interlock Program as described in subsection 346 (c)(1) of this section may request a hearing with the DMV within 10 business days after being 347 provided notice. 348 “(2) For the purposes of this subsection, the person shall be considered to have 349 been provided notice upon receipt of a letter containing the information described in subsection 350 (c)(1) of this section that is either: 351 “(A) Hand delivered to the person; or 352 “(B) Delivered by certified mail to the address listed on the person’s 353 license. 354 “(e) The DMV, upon receipt of the information from the Metropolitan Police Department 355 as described in subsection (c)(2) of this section, or from any agency that issues licenses in 356 another state, shall: 357 “(1) If the person has requested a hearing within 10 business days, schedule a 358 hearing within 10 business days from the date of the person’s request or, if extenuating 359 circumstances exist, 30 business days; or 360 ENGROSSED ORIGINAL 18 “(2) If the person has not requested a hearing within 10 business days, revoke the 361 person’s license; provided that, the person may receive a restricted license if they are permitted 362 to, and enroll in, the Ignition Interlock Program. 363 “(f)(1) At any hearing scheduled pursuant to subsection (e)(1) of this section, the DMV 364 shall determine whether, by clear and convincing evidence, the person committed a covered 365 offense and the person’s participation in the Ignition Interlock Program will adequately ensure 366 for the safety of the person and the public. 367 “(2) If the DMV determines that the person committed the covered offense at 368 issue, the DMV shall revoke the person’s license. 369 “(3) If, after determining that the person committed the covered office at issue, 370 the DMV determines that the person’s participation in the Ignition Interlock Program will: 371 “(A) Adequately ensure the safety of the person and the public, the DMV 372 shall require the person to enroll in the Ignition Interlock Program for the periods described in 373 subsection (h) of this section as a condition for obtaining and maintaining a restricted license; or 374 “(B) Not adequately ensure the safety of the person and the public, the 375 person shall not be permitted to enroll in the Ignition Interlock Program and the person’s license 376 shall remain revoked for the periods described in subsection (h) of this subsection. 377 “(4) If the DMV determines that the person did not commit the covered offense at 378 issue, the DMV shall not take any action on the person’s license. 379 “(g)(1) Upon receipt of notice of a person who must enroll in the Ignition Interlock 380 Program pursuant to subsection (b)(2) of this section, the DMV shall: 381 ENGROSSED ORIGINAL 19 “(A) Require the person’s enrollment in the Ignition Interlock Program as 382 a condition for obtaining and maintain a restricted license; 383 “(B) Permit the person to enroll in the Ignition Interlock Program; 384 “(C) Revoke the person’s license and issue the person a restricted license 385 that notes their participation in the Ignition Interlock Program and the requirements thereof; 386 “(D) Not issue the person a license, other than a restricted license as 387 described in subparagraph (A), until the person successfully completes a period of enrollment as 388 described in subsection (h) of this section; and 389 (2)(A) The DMV shall provide notice to the person of the requirements of 390 paragraph (1) of this subsection. 391 “(B) For the purposes of this paragraph, the person shall be considered to 392 have been provided notice upon receipt of a letter containing the information required by 393 subparagraph (A) of this paragraph that is either: 394 “(i) Hand delivered to the person; or 395 “(ii) Delivered by certified mail to the address listed on the 396 person’s license. 397 “(h)(1) A person’s license shall remain revoked pursuant to subsection (f)(2) or (g)(1)(C) 398 of this section, and a person’s enrollment in the Ignition Interlock Program shall remain a 399 condition for obtaining and maintain a restricted license pursuant to subsection (f)(3)(A) or 400 (g)(1)(A) of this section, for the following periods: 401 ENGROSSED ORIGINAL 20 “(A) For the first commission of a covered offense or conviction requiring 402 enrollment, one year; 403 “(B) For the second commission of a covered offense or conviction 404 requiring enrollment, 2 years; 405 “(C) For the third commission of a covered offense or conviction requiring 406 enrollment, 3 years; and 407 “(D) For a fourth or subsequent commission of a covered offense or 408 conviction requiring enrollment, indefinitely. 409 “(2) The DMV shall consider both previous commissions of a covered offense 410 and previous convictions requiring enrollment under subsection (b) of this section when 411 computing the period of enrollment required by paragraph (1) of this subsection. 412 “(3) When determining whether a person has been enrolled in the Ignition 413 Interlock Program for the period required by paragraph (1) of this subsection, the DMV shall 414 give credit to a person for any time spent enrolled in that program, prior to the person’s 415 conviction, for the same conduct that is the basis of the conviction for which the person is 416 required to enroll in the program pursuant to paragraph (1) of this subsection.”. 417 “(i) Any person enrolled in the Ignition Interlock Program pursuant to subsection 418 (f)(3)(A) or subsection (g)(1)(A) of this section shall: 419 “(1) Install an ignition interlock system on each motor vehicle owned by or 420 registered to the person; and 421 ENGROSSED ORIGINAL 21 “(2) Not operate a motor vehicle that is not equipped with a functioning, certified 422 ignition interlock system. 423 “(j) If a person fails to comply with the Ignition Interlock Program’s requirements as 424 described in subsection (i) of this section, the DMV shall immediately revoke the person’s 425 restricted license and: 426 “(1) For any person required to enroll in the program pursuant to section 38(a)(4) 427 of the Motor Vehicle Safety Responsibility Act of the District of Columbia, approved May 25, 428 1954 (68 Stat. 130; D.C. Official Code § 50–1301.38(a)(4) as a condition of reinstatement, 429 prohibit the person from re-enrolling in the Ignition Interlock Program for 6 months; or 430 “(2) For any other person, prohibit the person from re-enrolling in the Ignition 431 Interlock Program. 432 “(k)(1) A person enrolled in the Ignition Interlock Program shall pay all costs associated 433 with enrolling and participating in the Ignition Interlock Program except in cases where the 434 Ignition Interlock Program determines the person is indigent as described in paragraph (2) of this 435 subsection. 436 “(2)(A) Before a participant enrolls in the Ignition Interlock Program, the DMV 437 shall determine whether a participant is indigent. 438 “(B) If a participant is determined to be indigent, the DMV shall pay all 439 costs associated with that person's enrollment and participation in the Ignition Interlock Program 440 for one year resulting from the first commission of a covered offense. 441 ENGROSSED ORIGINAL 22 “(3) For the purposes of paragraph (2) of this subsection, the term “indigent” 442 means a person who receives an annual income, after taxes, of 150% or less of the federal 443 poverty guidelines as updated periodically in the Federal Register by the United States 444 Department of Health and Human Services pursuant to section 673(2) of the Community 445 Services Block Grant Act, approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2)).”. 446 (e) A new section 10a-1 is added to read as follows: 447 “Sec. 10a-1. Establishment of Intelligent Speed Assistance Program. 448 “(a) There is established within the Department of Motor Vehicles (“DMV”) an 449 Intelligent Speed Assistance Program that shall install, and monitor compliance with, intelligent 450 speed assistance systems that limit the speed at which a motor vehicle can travel based on the 451 applicable speed limit in the vehicle of any person that is convicted of an offense requiring 452 enrollment as a condition of reinstatement pursuant to section 38(a)(5) of the Motor Vehicle 453 Safety Responsibility Act of the District of Columbia, approved May 25, 1954 (68 Stat. 120; 454 D.C. Official Code § 50-1301.38(a)(5)). 455 “(b)(1) Upon receipt of notice of a person who must enroll in the Intelligent Speed 456 Assistance Program pursuant to subsection (a) of this section, the DMV shall: 457 “(A) Require the person’s enrollment in the Intelligent Speed Assistance 458 Program as a condition for obtaining and maintain a restricted license; 459 “(B) Permit the person to enroll in the Intelligent Speed Assistance 460 Program; 461 ENGROSSED ORIGINAL 23 “(C) Revoke the person’s license and issue the person a restricted license 462 that notes their participation in the Intelligent Speed Assistance and the requirements thereof; 463 “(D) Not issue the person a license, other than a restricted license as 464 described in subparagraph (A), until the person successfully completes a period of enrollment as 465 described in subsection (c) of this section; and 466 (2)(A) The DMV shall provide notice to the person of the requirements of 467 paragraph (1) of this subsection. 468 “(B) For the purposes of this paragraph, the person shall be considered to 469 have been provided notice upon receipt of a letter containing the information required by 470 subparagraph (A) of this paragraph that is either: 471 “(i) Hand delivered to the person; or 472 “(ii) Delivered by certified mail to the address listed on the 473 person’s license. 474 “(c) A person’s license shall remain revoked pursuant to subsection (b)(1)(C) of this 475 section, and a person’s enrollment in the Intelligent Speed Assistance Program shall remain a 476 condition for obtaining and maintain a restricted license pursuant to subsection (b)(1)(A) of this 477 section, for the following periods: 478 “(1) For the first conviction requiring enrollment, one year; 479 “(2) For the second conviction requiring enrollment, 2 years; 480 “(3) For the third conviction requiring enrollment, 3 years; and 481 “(4) For a fourth conviction requiring enrollment, indefinitely. 482 ENGROSSED ORIGINAL 24 “(d) Any person enrolled in the Intelligent Speed Assistance pursuant to subsection (a) of 483 this section, shall: 484 “(1) Install an intelligent speed assistance system on each motor vehicle owned by 485 or registered to the person; and 486 “(2) Not operate a motor vehicle that is not equipped with a functioning, certified 487 intelligent speed assistance system. 488 “(e) If any person fails to comply with the Intelligent Speed Assistance Program's 489 requirements as described in subsection (d) of this section, the DMV shall immediately revoke 490 the person’s restricted license and prohibit the person from re-enrolling in the Intelligent Speed 491 Assistance Program for six months. 492 “(d)(1) Any person enrolled in the Intelligent Speed Assistance Program shall pay all 493 costs associated with enrolling and participating in the Intelligent Speed Assistance Program 494 except in cases where the Intelligent Speed Assistance Program determines the person is indigent 495 as described in paragraph (2) of this section. 496 “(2)(A) Before a participant enrolls in the Intelligent Speed Assistance Program, 497 the DMV shall determine whether a participant is indigent. 498 “(B) If a participant is determined to be indigent, the DMV shall pay all 499 costs associated with that person’s enrollment and participation in the Intelligent Speed 500 Assistance Program for one year resulting from the first conviction requiring enrollment. 501 “(3) For the purposes of this subsection, the term “indigent” means a person who 502 receives an annual income, after taxes, of 150% or less of the federal poverty guidelines as 503 ENGROSSED ORIGINAL 25 updated periodically in the Federal Register by the United States Department of Health and 504 Human Services pursuant to section 673(2) of the Community Services Block Grant Act, 505 approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2)).”. 506 (e) Section 13 (D.C. Official Code § 50-1403.01) is amended to read as follows: 507 “Sec. 13. Department of Motor Vehicles’ authority to restrict, suspend, or revoke driving 508 privileges for good cause; reciprocity; penalties. 509 “(a) In addition to any other authority provided under District law, the DMV may for 510 good cause: 511 “(1) Suspend or revoke a person’s license; or 512 “(2) Suspend or revoke a nonresident person’s privilege to operate a motor 513 vehicle in the District of Columbia. 514 “(b)(1) Prior to taking any action pursuant subsection (a) of this section, the DMV shall: 515 “(A) Provide notice to the person: 516 “(i) That the DMV is seeking to take one of the actions described 517 in subsection (a) of this section; 518 “(ii) Of the DMV’s rationale for taking the proposed action; 519 “(iii) That the person has 10 business days from the time of notice 520 to request a hearing with the DMV to contest the proposed action; and 521 “(iv) That failure to request a hearing within 10 business days shall 522 result in the proposed action being taken. 523 ENGROSSED ORIGINAL 26 “(B) In cases where the DMV is seeking to revoke a nonresident person’s 524 privilege to operate a motor vehicle in the District of Columbia as described in subsection (a)(4) 525 of this section, notify the state or territorial agency that has issued the nonresident person’s 526 license. 527 “(2) For the purposes of this subsection, the person shall be considered to have 528 been provided notice upon receipt of a letter containing the information described in paragraph 529 (1)(A) of this subsection that is either: 530 “(A) Hand delivered to the person; or 531 “(B) Delivered by certified mail to the address listed on the person’s 532 license. 533 “(c) The DMV shall suspend the license and registrations of any District resident if: 534 “(1) The DMV receives a certification from any state that it has suspended or 535 revoked the operating privilege of that District resident; and 536 “(2) The suspension or revocation was based on a conviction for, or a forfeiture of 537 any bond or collateral related to, an offense that, if committed in the District, would require the 538 DMV to suspend a nonresident’s operating privilege. 539 “(d) Any restriction, suspension, or revocation of a license imposed under this section 540 shall be for a period determined by the DMV but shall not exceed 5 years. 541 “(e) This section shall be subject to the requirements of the District of Columbia 542 Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 543 2–501 et seq.). 544 ENGROSSED ORIGINAL 27 “(f) Any individual found guilty of operating a motor vehicle in the District during the 545 period for which the individual’s license is revoked or suspended, or for which his right to 546 operate is suspended or revoked, shall, for each such offense, be fined no more than the amount 547 set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective 548 June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more 549 than one year, or both.”. 550 Sec. 5. Section 802(a) of An Act To establish a code of law for the District of Columbia, 551 approved March 3, 1901 (31 Stat. 1189; D.C. Official Code § 50–2203.01), is amended by 552 striking the phrase “a pedestrian” and inserting the phrase “any person” in its place. 553 Sec. 6. The Anti-Drunk Driving Act of 1982, effective September 14, 1982 (D.C. Law 4-554 145; D.C. Official Code § 50–2205.01 et seq.), is amended as follows: 555 (a) Section 3d(d-1) (D.C. Official Code § 50–2206.13(d-1)) is amended as follows: 556 (1) Paragraph (1) is amended to read as follows: 557 “(1) In addition to any other penalty provided by law, and notwithstanding section 558 10a of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1119; D.C. 559 Official Code § 50–2201.05a et seq.), and section 38 of the Motor Vehicle Safety Responsibility 560 Act of the District of Columbia, approved May 25, 1954 (68 Stat. 130; D.C. Official Code § 50-561 1301.38), the sentencing judge shall, upon conviction for violating any provision of section 3b or 562 section 3c, when the person has been convicted of 2 prior offenses under section 3b, 3c, or 3e 563 within the past 5 years, order the revocation of the defendant’s driver’s license or privilege to 564 operate a motor vehicle in the District of Columbia until the DMV reinstates the person’s driver's 565 ENGROSSED ORIGINAL 28 license or privilege to operate a motor vehicle in the District as described in paragraph (2) of this 566 subsection, and transmit a copy of that order to the agency which issued the driver’s license or 567 privilege to operate a motor vehicle.”. 568 (2) A new paragraph (1A) is added to read as follows: 569 “(1A) The Department of Motor Vehicles (“DMV”) shall: 570 “(A) Upon receipt of an order revoking a defendant’s license or privilege 571 to operate a motor vehicle pursuant to paragraph (1) of this subsection or section 3f(c-1)(1), 572 revoke the defendant’s driver’s license or privilege to operate a motor vehicle within 10 business 573 days; and 574 “(B)(i) On January 1, 2025, and monthly thereafter submit a report to the 575 Superior Court for the District of Columbia and the Office of the Attorney General listing the 576 revocations of a driver’s license or privilege to operate a motor vehicle the DMV has made in 577 response to orders transmitted pursuant to paragraph (1) of this subsection since the most recent 578 report submitted pursuant to this sub-subparagraph; and 579 “(ii) On January 1, 2025, and every 6 months thereafter, submit to 580 the Council committee with oversight of the DMV a report listing the number of revocations of a 581 driver’s license or privilege to operate a motor vehicle the DMV has made in response to orders 582 transmitted pursuant to paragraph (1) of this subsection since the most recent report submitted 583 pursuant to this sub-subparagraph; provided, that the report submitted pursuant to this sub-584 subparagraph shall not include any personally identifying information.”. 585 ENGROSSED ORIGINAL 29 (b) Section 3f(c-1)(1) (D.C. Official § 50–2206.15(c-1)(1)) is amended to read as 586 follows: 587 “(c-1)(1) In addition to any other penalty provided by law, and notwithstanding section 588 10a of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1119; D.C. 589 Official Code § 50–2201.05a et seq.), and section 38 of the Motor Vehicle Safety Responsibility 590 Act of the District of Columbia, approved May 25, 1954 (68 Stat. 130; D.C. Official Code § 50-591 1301.38), the sentencing judge shall, upon conviction for violating any provision of section 3e, 592 when the person has been convicted of 2 prior offenses under section 3b, 3c, or 3e within the past 593 5 years, order the revocation of the defendant’s driver’s license or privilege to operate a motor 594 vehicle in the District of Columbia until the DMV reinstates the person’s driver's license or 595 privilege to operate a motor vehicle in the District as described in paragraph (2) of this 596 subsection, and transmit a copy of that order to the agency which issued the driver’s license or 597 privilege to operate a motor vehicle.”. 598 (c) Section 3t (D.C. Official Code § 50–2206.55) is repealed. 599 Sec. 7. Section 2 of the District of Columbia Revenue Act of 1937, approved August 17, 600 1937 (50 Stat. 680; D.C. Official Code § 50–1501.02), is amended by adding a new subsection 601 (l) to read as follows: 602 “(l)(1) Upon receipt of a report for a stolen motor vehicle registered in the District that 603 MPD reasonably believes to be true, MPD shall transmit the following information to the District 604 Department of Transportation (“DDOT”), the Department of Motor Vehicles (“DMV”), and the 605 Department of Public Works (“DPW”) within 5 business days: 606 ENGROSSED ORIGINAL 30 “(A) The name, contact information, and driver’s license number or 607 identification card number of the stolen motor vehicle’s owner; 608 “(B) The make, model, year, vehicle identification number, and plate 609 number of the stolen motor vehicle; and 610 “(C) The dates during which the motor vehicle was or is alleged to have 611 been stolen. 612 “(2) If, after transmitting information as described in paragraph (1) of this 613 subsection, MPD subsequently determines that it no longer reasonably believes a report of a 614 stolen motor vehicle to be true, it shall notify the DMV of that determination within 5 business 615 days. 616 “(3) DDOT shall not issue a notice of infraction for a moving violation detected 617 by the automated traffic enforcement system authorized pursuant to section 901(a) of Fiscal Year 618 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code 619 § 50–2209.01(a)) if: 620 “(A) DDOT has received notice that the motor vehicle captured by the 621 automated traffic enforcement system was stolen at the time of the violation as described in 622 paragraph (1) of this subsection; and 623 “(B) MPD has not subsequently notified the DMV that it no longer 624 reasonably believes the report of a stolen motor vehicle to be true. 625 “(4) DPW shall not issue a notice of infraction for any parking violation detected 626 by a District agency if: 627 ENGROSSED ORIGINAL 31 “(A) DPW has received notice that the motor vehicle was stolen at the 628 time of the violation under paragraph (1) of this subsection; and 629 “(B) MPD has not subsequently notified DPW that it no longer reasonably 630 believes the report of a stolen motor vehicle to be true.”. 631 Sec. 8. Fiscal impact statement. 632 The Council adopts the fiscal impact statement in the committee report as the fiscal 633 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 634 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 635 Sec. 9. Effective date. 636 This act shall take effect after approval by the Mayor (or in the event of veto by the 637 Mayor, action by the Council to override the veto), a 30-day period of congressional review as 638 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 639 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 640 Columbia Register. 641