103 | | - | “(3) “Proof of financial responsibility” or “proof” means proof that the motor |
---|
104 | | - | vehicle subject to registration or reciprocity under the laws of the District of Columbia is an |
---|
105 | | - | insured motor vehicle under the provisions of the Compulsory/No-Fault Motor Vehicle |
---|
106 | | - | Insurance Act of 1982, effective September 18, 1982 (D.C. Law 4-155; D.C. Official Code § 31- |
---|
107 | | - | 2401 et seq.). |
---|
108 | | - | “(4) “State” means any state, territory, or possession of the United States or any |
---|
109 | | - | province or territory of Canada.”. |
---|
110 | | - | (d) Section 36 (D.C. Official Code § 50–1301.36) is repealed. |
---|
111 | | - | (e) Section 37 (D.C. Official Code § 50-1301.37) is amended to read as follows: |
---|
112 | | - | “Sec. 37. Suspension of license and registration upon conviction of certain offenses; |
---|
113 | | - | exceptions; transmission of judgments. |
---|
114 | | - | “(a) The DMV shall suspend, in accordance with the requirements of section 38, the |
---|
115 | | - | license and registration of any person who was convicted or adjudicated a juvenile delinquent by |
---|
116 | | - | a final order or judgment for, or who forfeited any bond or collateral given to secure their |
---|
117 | | - | appearance for trial for a violation of, the following offenses: |
---|
118 | | - | “(1) Driving under the influence (DUI) of alcohol or a drug, as described in |
---|
119 | | - | section 3b of the Anti-Drunk Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; |
---|
120 | | - | D.C. Official Code § 50–2206.11); |
---|
121 | | - | “(2) Driving under the influence of alcohol or a drug; commercial vehicle, as |
---|
122 | | - | described in section 3c of the Anti-Drunk Driving Act of 1982, effective April 27, 2013 (D.C. |
---|
123 | | - | Law 19-266; D.C. Official Code § 50–2206.12); |
---|
124 | | - | “(3) Operating a vehicle while impaired, as described in section 3e of the Anti- |
---|
125 | | - | Drunk Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code § |
---|
126 | | - | 50–2206.14); |
---|
127 | | - | “(4) Any homicide resulting from a person being struck by a motor vehicle, |
---|
128 | | - | including: |
---|
129 | | - | “(A) Murder in the first degree, as described in sections 798 of An Act To |
---|
130 | | - | establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1321; |
---|
131 | | - | D.C. Official Code § 22–2101); |
---|
132 | | - | “(B) Murder in the second degree, as described in section 800 of An Act |
---|
133 | | - | To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1321; |
---|
134 | | - | D.C. Official Code § 22–2103); |
---|
135 | | - | “(C) Manslaughter; and |
---|
136 | | - | “(D) Negligent homicide, as described in section 802(a) of An Act To |
---|
137 | | - | establish a code of law for the District of Columbia, approved March 3, 1901 (49 Stat. 385; D.C. |
---|
138 | | - | Official Code § 50–2203.01); |
---|
139 | | - | “(5) Leaving after colliding, as described in section 10c of the District of |
---|
140 | | - | Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1124; D.C. Official Code § 50– |
---|
141 | | - | 2201.05c); |
---|
142 | | - | “(6) Aggravated reckless driving, as described in section 9(b-1) of the District of |
---|
143 | | - | Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1123; D.C. Official Code § 50– |
---|
144 | | - | 2201.04(b-1)); |
---|
| 78 | + | (a) Section 2(3)(C) (D.C. Official Code § 50–1301.02(3)(C)) is amended by striking the 59 |
---|
| 79 | + | phrase “nonresident’s operating privilege as defined herein” and inserting the phrase 60 |
---|
| 80 | + | “nonresident’s privilege to operate a motor vehicle in the District of Columbia” in its place. 61 |
---|
| 81 | + | (b) Section 34 (D.C. Official Code § 50–1301.34) is amended as follows: 62 |
---|
| 82 | + | (1) The section heading is amended by striking the phrase “of future 63 |
---|
| 83 | + | responsibility” and inserting the phrase “proof of financial responsibility” in its place. 64 |
---|
| 84 | + | (2) Strike the phrase “responsibility for the future, subject” and insert the phrase 65 |
---|
| 85 | + | “responsibility, subject” in its place. 66 |
---|
| 86 | + | (c) Section 35 (D.C. Official Code § 50–1301.35) is amended to read as follows: 67 |
---|
| 87 | + | “Sec. 35. Definitions. 68 |
---|
| 88 | + | “For the purposes of this act, the term: 69 |
---|
| 89 | + | “(1) “DMV” means the Department of Motor Vehicles established pursuant to 70 |
---|
| 90 | + | section 1822(a) of the Department of Motor Vehicles Establishment Act of 1998, effective 71 |
---|
| 91 | + | March 26, 1999 (D.C. Law 12-175; D.C. Official Code § 50–901(a)). 72 |
---|
| 92 | + | “(2) “Judgment” means any judgment which shall have become final by 73 |
---|
| 93 | + | expiration without appeal of the time within which an appeal might have been perfected, or by 74 |
---|
| 94 | + | final affirmation on appeal, rendered by a court of competent jurisdiction of any state, the 75 |
---|
| 95 | + | District of Columbia, or of the United States, upon a cause of action arising out of the ownership, 76 |
---|
| 96 | + | maintenance, or use of any vehicle of a type subject to registration under the laws of the District 77 |
---|
| 97 | + | of Columbia, for damages, including damages for care and loss of services, because of bodily 78 |
---|
| 98 | + | injury to or death of any person, or for damages because of injury to or destruction of property 79 |
---|
151 | | - | “(7) Any felony in the commission of which a motor vehicle is used; or |
---|
152 | | - | “(8) Any offense committed in another state which, if committed in the District of |
---|
153 | | - | Columbia, would constitute one of the offenses listed in paragraphs (1) through (7) of this |
---|
154 | | - | subsection. |
---|
155 | | - | “(b) Notwithstanding subsection (a) of this section, the DMV shall not suspend |
---|
156 | | - | registrations as described in subsection (a) of this section in cases where the conviction was |
---|
157 | | - | based on: |
---|
158 | | - | “(1) A person’s operation of a vehicle owned by or leased to the United States, the |
---|
159 | | - | District of Columbia, another state, or a political subdivision thereof; and |
---|
160 | | - | “(2) The person was acting as an agent of the United States, the District of |
---|
161 | | - | Columbia, another state, or a political subdivision thereof. |
---|
162 | | - | “(c)(1)(A) Whenever a judgment of conviction for any offense listed in subsection (a) of |
---|
163 | | - | this section has become final, the Superior Court of the District of Columbia shall transmit a |
---|
164 | | - | record of the conviction to the DMV. |
---|
165 | | - | “(B) A judgment of conviction shall be deemed to have become final for |
---|
166 | | - | the purposes of this subsection if: |
---|
167 | | - | “(i) No appeal is taken from the judgment upon the expiration of |
---|
168 | | - | the time within which an appeal could have been taken; or |
---|
169 | | - | “(ii) An appeal is taken from the judgment, the date upon which |
---|
170 | | - | the judgment, having been sustained, can no longer be appealed from or reviewed on a writ of |
---|
171 | | - | certiorari. |
---|
172 | | - | “(2) If the DMV receives a record of a conviction of a nonresident, the DMV shall |
---|
173 | | - | transmit the record to the state or territorial agency that issued the nonresident’s license. |
---|
174 | | - | “(d) Nothing in this section shall limit the power of a judge of the Superior Court of the |
---|
175 | | - | District of Columbia to limit or restrict a defendant’s driving privileges as a condition of a pre- |
---|
176 | | - | trial release or as a component of the defendant’s sentence.”. |
---|
177 | | - | (f) Section 38 (D.C. Official Code § 50–1301.38) is amended to read as follows: |
---|
178 | | - | “Sec. 38. Requirements for reinstatement of license and registration. |
---|
179 | | - | “(a) For a person whose license and registration was suspended pursuant to section 37, |
---|
180 | | - | the person’s license and registration shall remain suspended, and the person shall be ineligible |
---|
181 | | - | for a new or renewed license or registration, until the person: |
---|
182 | | - | “(1) Completes a 6-month period of license and registration suspension; |
---|
183 | | - | “(2) Provides and maintains proof of financial responsibility; |
---|
184 | | - | “(3) Pays a $100 reinstatement fee; |
---|
185 | | - | “(4) If the person committed a covered offense, as that term is defined in section |
---|
186 | | - | 10a(a) of the District of Columbia Traffic Act, 1925, effective April 3, 2001 (D.C. Law 13-238; |
---|
187 | | - | D.C. Official Code § 50–2201.05a(a)) (“Traffic Act of 1925”), successfully completes the period |
---|
188 | | - | of enrollment in the Ignition Interlock Program as required by section 10a of the Traffic Act of |
---|
189 | | - | 1925; and |
---|
190 | | - | “(5) If the person was traveling 20 miles per hour or more over the speed limit |
---|
191 | | - | during the commission of the offense, successfully completes the period of enrollment in the |
---|
192 | | - | Intelligent Speed Assistance Program as required by section 10a-1 of the Traffic Act of 1925. |
---|
| 105 | + | including the loss of use thereof, or upon a cause of action on an agreement of settlement for 80 |
---|
| 106 | + | such damages. 81 |
---|
| 107 | + | “(3) “Proof of financial responsibility” or “proof” means proof that the motor 82 |
---|
| 108 | + | vehicle subject to registration or reciprocity under the laws of the District of Columbia is an 83 |
---|
| 109 | + | insured motor vehicle under the provisions of the Compulsory/No-Fault Motor Vehicle 84 |
---|
| 110 | + | Insurance Act of 1982. 85 |
---|
| 111 | + | “(4) “State” means any state, territory, or possession of the United States or any 86 |
---|
| 112 | + | province or territory of Canada.”. 87 |
---|
| 113 | + | (d) Section 36 (D.C. Official Code § 50–1301.36) is repealed. 88 |
---|
| 114 | + | (e) Section 37 (D.C. Official Code § 50-1301.37) is amended to read as follows: 89 |
---|
| 115 | + | “Sec. 37. Suspension of license and registration upon conviction of certain offenses; 90 |
---|
| 116 | + | exceptions; transmission of judgments. 91 |
---|
| 117 | + | “(a) The DMV shall suspend, in accordance with the requirements of section 38, the 92 |
---|
| 118 | + | license and registration of any person who was convicted or adjudicated a juvenile delinquent by 93 |
---|
| 119 | + | a final order or judgment for, or who forfeited any bond or collateral given to secure their 94 |
---|
| 120 | + | appearance for trial for a violation of, the following offenses: 95 |
---|
| 121 | + | “(1) Driving under the influence (DUI) of alcohol or a drug, as described in 96 |
---|
| 122 | + | section 3b of the Anti-Drunk Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; 97 |
---|
| 123 | + | D.C. Official Code § 50–2206.11); 98 |
---|
| 157 | + | “(6) Aggravated reckless driving, as described in section 9(b-1) of the District of 120 |
---|
| 158 | + | Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1123; D.C. Official Code § 50–121 |
---|
| 159 | + | 2201.04(b-1)); 122 |
---|
| 160 | + | “(7) Any felony in the commission of which a motor vehicle is used; or 123 |
---|
| 161 | + | “(8) Any offense committed in another state which, if committed in the District of 124 |
---|
| 162 | + | Columbia, would constitute one of the offenses listed in paragraphs (1) through (7) of this 125 |
---|
| 163 | + | subsection. 126 |
---|
| 164 | + | “(b) Notwithstanding subsection (a) of this section, the DMV shall not suspend 127 |
---|
| 165 | + | registrations as described in subsection (a) of this section in cases where the conviction was 128 |
---|
| 166 | + | based on: 129 |
---|
| 167 | + | “(1) A person’s operation of a vehicle owned by or leased to the United States, the 130 |
---|
| 168 | + | District of Columbia, another state, or a political subdivision thereof; and 131 |
---|
| 169 | + | “(2) The person was acting as an agent of the United States, the District of 132 |
---|
| 170 | + | Columbia, another state, or a political subdivision thereof. 133 |
---|
| 171 | + | “(c)(1)(A) Whenever a judgment of conviction for any offenses listed in subsection (a) of 134 |
---|
| 172 | + | this section has become final, the Superior Court of the District of Columbia shall transmit a 135 |
---|
| 173 | + | record of the conviction to the DMV. 136 |
---|
| 174 | + | “(B) A judgment of conviction shall be deemed to have become final for 137 |
---|
| 175 | + | the purposes of this subsection if: 138 |
---|
| 176 | + | “(i) No appeal is taken from the judgment, upon the expiration of 139 |
---|
| 177 | + | the time within which an appeal could have been taken; or 140 |
---|
| 178 | + | |
---|
| 179 | + | ENGROSSED ORIGINAL |
---|
| 180 | + | |
---|
| 181 | + | |
---|
| 182 | + | |
---|
| 183 | + | 7 |
---|
| 184 | + | “(ii) An appeal is taken from the judgment, the date upon which 141 |
---|
| 185 | + | the judgment, having been sustained, can no longer be appealed from or reviewed on a writ of 142 |
---|
| 186 | + | certiorari. 143 |
---|
| 187 | + | “(2) If the DMV receives a record of a conviction of a nonresident, the DMV shall 144 |
---|
| 188 | + | transmit the record to the state or territorial agency that issued the nonresident’s license. 145 |
---|
| 189 | + | “(d) Nothing in this section shall limit the power of a judge of the Superior Court for the 146 |
---|
| 190 | + | District of Columbia to limit or restrict a defendant’s driving privileges as a condition of a pre-147 |
---|
| 191 | + | trial release or as a component of the defendant’s sentence.”. 148 |
---|
| 192 | + | (f) Section 38 (D.C. Official Code § 50–1301.38) is amended to read as follows: 149 |
---|
| 193 | + | “Sec. 38. Requirements for reinstatement of license and registration. 150 |
---|
| 194 | + | “(a) For any person whose license and registration was suspended pursuant to section 37, 151 |
---|
| 195 | + | the person’s license and registration shall remain suspended, and the person shall be ineligible 152 |
---|
| 196 | + | for a new or renewed license or registration, until the person: 153 |
---|
| 197 | + | “(1) Completes a 6-month period of license and registration suspension; 154 |
---|
| 198 | + | “(2) Provides and maintains proof of financial responsibility; 155 |
---|
| 199 | + | “(3) Pays a $100 reinstatement fee; 156 |
---|
| 200 | + | “(4) If the person committed a covered offense, as that term is defined in section 157 |
---|
| 201 | + | 10a(a) of the District of Columbia Traffic Act, 1925, effective April 3, 2001 (D.C. Law 13-238; 158 |
---|
| 202 | + | D.C. Official Code § 50–2201.05a(a)) (“Traffic Act of 1925”), successfully completes the period 159 |
---|
| 203 | + | of enrollment in the Ignition Interlock Program as required by section 10a of the Traffic Act of 160 |
---|
| 204 | + | 1925; and 161 |
---|
| 205 | + | |
---|
| 206 | + | ENGROSSED ORIGINAL |
---|
| 207 | + | |
---|
| 208 | + | |
---|
| 209 | + | |
---|
| 210 | + | 8 |
---|
| 211 | + | “(5) If the person was traveling 20 miles per hour or more over the speed limit 162 |
---|
| 212 | + | during the commission of the offense, successfully completes the period of enrollment in the 163 |
---|
| 213 | + | Intelligent Speed Assistance Program as required by section 10a-1 of the District of Columbia 164 |
---|
| 214 | + | Traffic Act, 1925, as approved by the Committee on Transportation and the Environment on 165 |
---|
| 215 | + | December 6, 2023 (Committee print of Bill 25-425). 166 |
---|
| 216 | + | “(b) If a person is required to be enrolled indefinitely in the Ignition Interlock Program 167 |
---|
| 217 | + | pursuant to section 10a(h)(1)(D) of the Traffic Act of 1925, or is required to be enrolled 168 |
---|
| 218 | + | indefinitely in the Intelligent Speed Assistant Program pursuant to section 10a-1(c)(4) of the 169 |
---|
| 219 | + | Traffic Act of 1925, the person shall not be issued a license and, instead, shall only be issued a 170 |
---|
| 220 | + | restricted license subject to the condition that the person remain enrolled in the Ignition Interlock 171 |
---|
| 221 | + | Program or Intelligent Speed Assistant Program, respectively. 172 |
---|
| 222 | + | “(c) The DMV may, through rulemaking, adopt additional requirements that must be 173 |
---|
| 223 | + | satisfied before a person’s license is reinstated as described in subsection (a) of this section.”. 174 |
---|
| 224 | + | (g) Section 39 (D.C. Official Code § 50–1301.39) is repealed. 175 |
---|
| 225 | + | (h) Section 40 (D.C. Official Code § 50–1301.40) is repealed. 176 |
---|
| 226 | + | (i) Section 52 (D.C Official Code § 50–1301.52) is amended by striking the phrase 177 |
---|
| 227 | + | “responsibility for the future unless” and inserting the phrase “responsibility unless” in its place. 178 |
---|
| 228 | + | Sec. 4. The District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 179 |
---|
| 229 | + | 1119; D.C. Official Code § 50–2201.01 et seq.), is amended as follows: 180 |
---|
| 230 | + | (a) Section 2 (D.C. Official Code § 50–2201.02) is amended as follows: 181 |
---|
| 231 | + | |
---|
| 232 | + | ENGROSSED ORIGINAL |
---|
| 233 | + | |
---|
| 234 | + | |
---|
| 235 | + | |
---|
| 236 | + | 9 |
---|
| 237 | + | (1) The lead-in language is amended by striking the phrase “this chapter,” and 182 |
---|
| 238 | + | inserting the phrase “this chapter, and all rules issued thereunder,” in its place. 183 |
---|
| 239 | + | (2) New paragraphs (8A) and (8B) are added to read as follows: 184 |
---|
| 240 | + | “(8A) “Immobilization device” means any device or mechanism that, when 185 |
---|
| 241 | + | equipped to a motor vehicle, prevents the motor vehicle’s operation but causes no damage to the 186 |
---|
| 242 | + | motor vehicle unless the motor vehicle is moved while such device or mechanism is in place. 187 |
---|
| 243 | + | “(8B) “Immobilization-eligible vehicle” means any unattended vehicle found 188 |
---|
| 244 | + | parked on any public highway in the District of Columbia against which: 189 |
---|
| 245 | + | “(A) There are 2 or more unpaid notices of infraction or vehicle 190 |
---|
| 246 | + | conveyance fees that the owner was deemed to have admitted or that were sustained after a 191 |
---|
| 247 | + | hearing, pursuant to section 305 or section 306 of the District of Columbia Traffic Adjudication 192 |
---|
| 248 | + | Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2303.05 or 193 |
---|
| 249 | + | § 50-2303.06), or section 902 of the Fiscal Year 1997 Budget Support Act of 1996, effective 194 |
---|
| 250 | + | April 9, 1997 (D.C. Law 11-198; D.C. Official Code 50-2209.02); 195 |
---|
| 251 | + | “(B) There have been issued 2 or more warrants; or 196 |
---|
| 252 | + | “(C) The Mayor has assessed 10 or more points under this subparagraph 197 |
---|
| 253 | + | based on convictions, sustained notices of infractions, including infractions detected by the 198 |
---|
| 254 | + | automated traffic enforcement system described in section 901 of the Fiscal Year 1997 Budget 199 |
---|
| 255 | + | Support Act, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50–2209.01), or 200 |
---|
| 256 | + | adjudications as a juvenile delinquent, within any consecutive 6-month period beginning after 201 |
---|
| 257 | + | the effective date of the Strengthening Traffic Enforcement, Education, and Responsibility 202 |
---|
| 258 | + | |
---|
| 259 | + | ENGROSSED ORIGINAL |
---|
| 260 | + | |
---|
| 261 | + | |
---|
| 262 | + | |
---|
| 263 | + | 10 |
---|
| 264 | + | (“STEER”) Amendment Act of 2024, passed on 1st reading on January 9, 2024 (Engrossed 203 |
---|
| 265 | + | Version of Bill 25-425), in accordance with the following table: 204 |
---|
| 266 | + | Infractions / Offenses Points |
---|
| 267 | + | Speeding 11-15 miles per hour over the speed limit 2 |
---|
287 | | - | ENROLLED ORIGINAL |
---|
288 | | - | |
---|
289 | | - | |
---|
290 | | - | |
---|
291 | | - | 7 |
---|
292 | | - | “(2) For a third or subsequent conviction for reckless driving within a 2-year |
---|
293 | | - | period, be fined no more than the amount set forth in section 101 of the Criminal Fine |
---|
294 | | - | Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. |
---|
295 | | - | Official Code § 22-3571.01), or incarcerated for no more than one year, or both. |
---|
296 | | - | “(e) A person convicted of aggravated reckless driving shall be: |
---|
297 | | - | “(1) For a first or second conviction of aggravated reckless driving, be fined no |
---|
298 | | - | more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment |
---|
299 | | - | Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or |
---|
300 | | - | incarcerated for no more than 180 days, or both; and |
---|
301 | | - | “(2) For a third or subsequent conviction for aggravated reckless driving within a |
---|
302 | | - | 2-year period, be fined no more than the amount set forth in section 101 of the Criminal Fine |
---|
303 | | - | Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. |
---|
304 | | - | Official Code § 22-3571.01), or incarcerated for no more than 2 years, or both. |
---|
305 | | - | “(f) When determining whether a defendant has a prior conviction for reckless driving or |
---|
306 | | - | aggravated reckless driving, the Court shall include convictions for any offense from another |
---|
307 | | - | state or territory of the United States which, if committed in the District of Columbia, would |
---|
308 | | - | constitute reckless driving or aggravated reckless driving, respectively. |
---|
309 | | - | “(g)(1) The Attorney General may bring a civil cause of action in the Superior Court of |
---|
310 | | - | the District of Columbia: |
---|
311 | | - | “(A) In personam, against any driver who is suspected of violating this |
---|
312 | | - | section; or |
---|
313 | | - | “(B) In rem, against any motor vehicle operated by a driver in a manner |
---|
314 | | - | that violates this section. |
---|
315 | | - | “(2) The Attorney General shall not bring a civil cause of action as described in |
---|
316 | | - | paragraph (1) of this subsection against any person or motor vehicle: |
---|
317 | | - | “(A) Regarding a violation of this section for which the fine imposed |
---|
318 | | - | pursuant to regulations adopted under subsection (a) of this section: |
---|
319 | | - | “(i) Is being contested or appealed; |
---|
320 | | - | “(ii) Is not yet due; |
---|
321 | | - | “(iii) Has been paid by the defendant; or |
---|
322 | | - | “(iv) Is subject to a payment plan through which the defendant is |
---|
323 | | - | making timely payments; or |
---|
324 | | - | “(B) Who is currently serving or has completed serving the sentence |
---|
325 | | - | imposed pursuant to subsection (d) or subsection (e) of this section. |
---|
326 | | - | “(3) In civil actions brought pursuant to paragraph (1) of this subsection, the |
---|
327 | | - | Attorney General may seek: |
---|
328 | | - | “(A) Payment of any portion of the person’s outstanding fines; |
---|
329 | | - | “(B) Reasonable attorney’s fees; |
---|
330 | | - | “(C) For a defendant with a driver’s license issued by: |
---|
331 | | - | “(i) The District, the suspension or revocation of the defendant’s |
---|
332 | | - | driver’s license; or |
---|
333 | | - | |
---|
334 | | - | ENROLLED ORIGINAL |
---|
335 | | - | |
---|
336 | | - | |
---|
337 | | - | |
---|
338 | | - | 8 |
---|
339 | | - | “(ii) Another jurisdiction, the suspension or revocation of the |
---|
340 | | - | defendant’s privilege to drive in the District; and |
---|
341 | | - | “(D) The immobilization of the motor vehicle through booting or towing |
---|
342 | | - | and impoundment. |
---|
343 | | - | “(4) If a court orders the immobilization of a motor vehicle through booting or |
---|
344 | | - | towing and impounding pursuant to paragraph (3)(D) of this subsection, the court’s order: |
---|
345 | | - | “(A) Shall include a procedure to have the boot removed or the motor |
---|
346 | | - | vehicle reclaimed from impoundment that is consistent with the requirements of section 9 of the |
---|
347 | | - | Removal and Disposition of Abandoned and Other Unlawfully Parked Vehicles Reform Act of |
---|
348 | | - | 2003, effective October 28, 2003 (D.C. Law 15-35; D.C Official Code § 50-2421.09) |
---|
349 | | - | (“Impoundment Act”) and District government policy; and |
---|
350 | | - | “(B) May state a date after which, if the order has not been with, the |
---|
351 | | - | Mayor may auction or scrap the motor vehicle consistent with sections 8 and 10 of the |
---|
352 | | - | Impoundment Act. |
---|
353 | | - | “(5) The Attorney General may seek to enforce any final judgment in a case |
---|
354 | | - | brought pursuant to paragraph (1) of this subsection in any court of competent jurisdiction. |
---|
355 | | - | “(6) The Attorney General may retain outside counsel to perform any of the |
---|
356 | | - | functions described in this subsection.”. |
---|
357 | | - | (d) Section 10a (D.C. Official Code § 50–2201.05a) is amended to read as follows: |
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358 | | - | “Sec. 10a. Establishment of Ignition Interlock System Program. |
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359 | | - | “(a) For the purposes of this section, the term “covered offense” means: |
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360 | | - | “(1) Driving under the influence (DUI) of alcohol or a drug, as described in |
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361 | | - | section 3b of the Anti-Drink Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; |
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362 | | - | D.C. Official Code § 50–2206.11); |
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363 | | - | “(2) Driving under the influence of alcohol or a drug; commercial vehicle, as |
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364 | | - | described in section 3c of the Anti-Drink Driving Act of 1982, effective April 27, 2013 (D.C. |
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365 | | - | Law 19-266; D.C. Official Code § 50–2206.12); |
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366 | | - | “(3) Operating a vehicle while impaired, as described in section 3e of the Anti- |
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367 | | - | Drink Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code § |
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368 | | - | 50–2206.14); |
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369 | | - | “(4) Refusal to submit to chemical testing as required under section 4b of the |
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370 | | - | District of Columbia Implied Consent Act, approved October 21, 1972 (86 Stat. 1017; D.C. |
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371 | | - | Official Code § 50–1904.02); or |
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372 | | - | “(5) Any other offense or conduct committed in another jurisdiction, including |
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373 | | - | foreign jurisdictions and military jurisdictions, which, if committed in the District of Columbia, |
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374 | | - | would be one of the offenses listed in paragraphs (1) through (4) of this subsection. |
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375 | | - | “(b) There is established within the Department of Motor Vehicles (“DMV”) an Ignition |
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376 | | - | Interlock Program that shall install, and monitor compliance with, ignition interlock systems in |
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377 | | - | the vehicle of any person: |
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378 | | - | “(1) Found to have committed a covered offense as described in subsections (c) |
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379 | | - | through (f) of this section; or |
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380 | | - | |
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381 | | - | ENROLLED ORIGINAL |
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382 | | - | |
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383 | | - | |
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384 | | - | |
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385 | | - | 9 |
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386 | | - | “(2) Convicted of an offense requiring enrollment as a condition of reinstatement |
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387 | | - | pursuant to section 38(a)(4) of the Motor Vehicle Safety Responsibility Act of the District of |
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388 | | - | Columbia, approved May 25, 1954 (68 Stat. 130; D.C. Official Code § 50–1301.38(a)(4)). |
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389 | | - | “(c) Law enforcement officers shall for any person the officer has probable cause to |
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390 | | - | believe committed a covered offense: |
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391 | | - | “(1) Immediately provide notice to the person, that: |
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392 | | - | “(A) The DMV shall seek the revocation of the person’s license and, for a |
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393 | | - | person with a license issued by the DMV, require that the person enroll in the Ignition Interlock |
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394 | | - | Program established pursuant to subsection (b) of this section to receive a restricted license; |
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395 | | - | “(B) The person has 10 business days from receipt of the notice to request |
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396 | | - | a hearing with the DMV to contest the revocation of their license or the requirement to enroll in |
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397 | | - | the Ignition Interlock Program; and |
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398 | | - | “(C) Failure to request a hearing within 10 business days shall result in the |
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399 | | - | immediate revocation of the person’s license; except, that the person may receive a restricted |
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400 | | - | license if they are permitted to, and enroll in, the Ignition Interlock Program; and |
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401 | | - | “(2) Within 72 hours provide the DMV with: |
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402 | | - | “(A) The driver’s name and license information; |
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403 | | - | “(B) The officer’s name and badge number; |
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404 | | - | “(C) A description of the covered offense for which the officer has |
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405 | | - | probable cause; and |
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406 | | - | “(D) Hearing dates and times for which the officer is available. |
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407 | | - | “(d)(1) A person who has received notice of the DMV’s proposed revocation of their |
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408 | | - | license or requirement to enroll in the Ignition Interlock Program as described in subsection |
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409 | | - | (c)(1) of this section may request a hearing with the DMV within 10 business days after being |
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410 | | - | provided notice. |
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411 | | - | “(2) For the purposes of this subsection, the person shall be considered to have |
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412 | | - | been provided notice upon receipt of a letter containing the information described in subsection |
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413 | | - | (c)(1) of this section that is either: |
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414 | | - | “(A) Hand delivered to the person; or |
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415 | | - | “(B) Delivered by certified mail to the address listed on the person’s |
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416 | | - | license. |
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417 | | - | “(e) The DMV, upon receipt of the information from the Metropolitan Police Department |
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418 | | - | as described in subsection (c)(2) of this section, or from any agency that issues licenses in |
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419 | | - | another state, shall: |
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420 | | - | “(1) If the person has requested a hearing within 10 business days, schedule a |
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421 | | - | hearing within 10 business days from the date of the person’s request or, if extenuating |
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422 | | - | circumstances exist, 30 business days; or |
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423 | | - | “(2) If the person has not requested a hearing within 10 business days, revoke the |
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424 | | - | person’s license; except, that the person may receive a restricted license if they are permitted to, |
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425 | | - | and enroll in, the Ignition Interlock Program. |
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426 | | - | “(f)(1) At any hearing scheduled pursuant to subsection (e)(1) of this section, the DMV |
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427 | | - | shall determine whether, by clear and convincing evidence, the person committed a covered |
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428 | | - | |
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429 | | - | ENROLLED ORIGINAL |
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430 | | - | |
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431 | | - | |
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432 | | - | |
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433 | | - | 10 |
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434 | | - | offense and the person’s participation in the Ignition Interlock Program will adequately ensure |
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435 | | - | for the safety of the person and the public. |
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436 | | - | “(2) If the DMV determines that the person committed the covered offense at |
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437 | | - | issue, the DMV shall revoke the person’s license. |
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438 | | - | “(3) If, after determining that the person committed the covered office at issue, |
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439 | | - | the DMV determines that the person’s participation in the Ignition Interlock Program will: |
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440 | | - | “(A) Adequately ensure the safety of the person and the public, the DMV |
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441 | | - | shall require the person to enroll in the Ignition Interlock Program for the periods described in |
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442 | | - | subsection (h) of this section as a condition for obtaining and maintaining a restricted license; or |
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443 | | - | “(B) Not adequately ensure the safety of the person and the public, the |
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444 | | - | person shall not be permitted to enroll in the Ignition Interlock Program and the person’s license |
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445 | | - | shall remain revoked for the periods described in subsection (h) of this subsection. |
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446 | | - | “(4) If the DMV determines that the person did not commit the covered offense at |
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447 | | - | issue, the DMV shall not take any action on the person’s license. |
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448 | | - | “(g)(1) Upon receipt of notice of a person who must enroll in the Ignition Interlock |
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449 | | - | Program pursuant to subsection (b)(2) of this section, the DMV shall: |
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450 | | - | “(A) Require the person’s enrollment in the Ignition Interlock Program as |
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451 | | - | a condition for obtaining and maintain a restricted license; |
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452 | | - | “(B) Permit the person to enroll in the Ignition Interlock Program; |
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453 | | - | “(C) Revoke the person’s license and issue the person a restricted license |
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454 | | - | that notes their participation in the Ignition Interlock Program and the requirements thereof; and |
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455 | | - | “(D) Not issue the person a license, other than a restricted license as |
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456 | | - | described in subparagraph (A), until the person successfully completes a period of enrollment as |
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457 | | - | described in subsection (h) of this section. |
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458 | | - | (2)(A) The DMV shall provide notice to the person of the requirements of |
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459 | | - | paragraph (1) of this subsection. |
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460 | | - | “(B) For the purposes of this paragraph, the person shall be considered to |
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461 | | - | have been provided notice upon receipt of a letter containing the information required by |
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462 | | - | subparagraph (A) of this paragraph that is either: |
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463 | | - | “(i) Hand delivered to the person; or |
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464 | | - | “(ii) Delivered by certified mail to the address listed on the |
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465 | | - | person’s license. |
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466 | | - | “(h)(1) A person’s license shall remain revoked pursuant to subsection (f)(2) or |
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467 | | - | subsection (g)(1)(C) of this section, and a person’s enrollment in the Ignition Interlock Program |
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468 | | - | shall remain a condition for obtaining and maintain a restricted license pursuant to subsection |
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469 | | - | (f)(3)(A) or subsection (g)(1)(A) of this section, for the following periods: |
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470 | | - | “(A) For the first commission of a covered offense or conviction requiring |
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471 | | - | enrollment, one year; |
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472 | | - | “(B) For the second commission of a covered offense or conviction |
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473 | | - | requiring enrollment, 2 years; |
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474 | | - | “(C) For the third commission of a covered offense or conviction requiring |
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475 | | - | enrollment, 3 years; and |
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476 | | - | |
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477 | | - | ENROLLED ORIGINAL |
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| 286 | + | ENGROSSED ORIGINAL |
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482 | | - | “(D) For a fourth or subsequent commission of a covered offense or |
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483 | | - | conviction requiring enrollment, indefinitely. |
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484 | | - | “(2) The DMV shall consider both previous commissions of a covered offense |
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485 | | - | and previous convictions requiring enrollment under subsection (b) of this section when |
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486 | | - | computing the period of enrollment required by paragraph (1) of this subsection. |
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487 | | - | “(3) When determining whether a person has been enrolled in the Ignition |
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488 | | - | Interlock Program for the period required by paragraph (1) of this subsection, the DMV shall |
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489 | | - | give credit to the person for any time spent enrolled in that program, prior to the person’s |
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490 | | - | conviction, for the same conduct that is the basis of the conviction for which the person is |
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491 | | - | required to enroll in the program pursuant to paragraph (1) of this subsection. |
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492 | | - | “(i) A person enrolled in the Ignition Interlock Program pursuant to subsection (f)(3)(A) |
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493 | | - | or subsection (g)(1)(A) of this section shall: |
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494 | | - | “(1) Install an ignition interlock system on each motor vehicle owned by or |
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495 | | - | registered to the person; and |
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496 | | - | “(2) Not operate a motor vehicle that is not equipped with a functioning, certified |
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497 | | - | ignition interlock system. |
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498 | | - | “(j) If a person fails to comply with the Ignition Interlock Program’s requirements as |
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499 | | - | described in subsection (i) of this section, the DMV shall immediately revoke the person’s |
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500 | | - | restricted license and: |
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501 | | - | “(1) For a person required to enroll in the program pursuant to section 38(a)(4) of |
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502 | | - | the Motor Vehicle Safety Responsibility Act of the District of Columbia, approved May 25, 1954 |
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503 | | - | (68 Stat. 130; D.C. Official Code § 50–1301.38(a)(4) as a condition of reinstatement, prohibit the |
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504 | | - | person from re-enrolling in the Ignition Interlock Program for 6 months; or |
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505 | | - | “(2) For any other person, prohibit the person from re-enrolling in the Ignition |
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506 | | - | Interlock Program. |
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507 | | - | “(k)(1) A person enrolled in the Ignition Interlock Program shall pay all costs associated |
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508 | | - | with enrolling and participating in the Ignition Interlock Program except in cases where the |
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509 | | - | Ignition Interlock Program determines the person is indigent as described in paragraph (2) of this |
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510 | | - | subsection. |
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511 | | - | “(2)(A) Before a participant enrolls in the Ignition Interlock Program, the DMV |
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512 | | - | shall determine whether a participant is indigent. |
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513 | | - | “(B) If a participant is determined to be indigent, the DMV shall pay all |
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514 | | - | costs associated with that person's enrollment and participation in the Ignition Interlock Program |
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515 | | - | for one year resulting from the first commission of a covered offense. |
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516 | | - | “(3) For the purposes of paragraph (2) of this subsection, the term “indigent” |
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517 | | - | means a person who receives an annual income, after taxes, of 150% or less of the federal |
---|
518 | | - | poverty guidelines as updated periodically in the Federal Register by the United States |
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519 | | - | Department of Health and Human Services pursuant to section 673(2) of the Community |
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520 | | - | Services Block Grant Act, approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2)).”. |
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521 | | - | (e) A new section 10a-1 is added to read as follows: |
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522 | | - | “Sec. 10a-1. Establishment of Intelligent Speed Assistance Program. |
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| 291 | + | of 1982, as approved by the Committee on Transportation and the Environment on December 6, 218 |
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| 292 | + | 2023 (Committee Print of Bill 25-425).” in its place. 219 |
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| 293 | + | (c) Section 9 (D.C. Official Code § 50–2201.04) is amended to read as follows: 220 |
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| 294 | + | “Sec. 9. Speeding and reckless driving. 221 |
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| 295 | + | “(a) No vehicle shall be operated at a greater rate of speed than permitted by the 222 |
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| 296 | + | regulations adopted under the authority of this act. 223 |
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| 297 | + | “(b) A person commits the offense of reckless driving if the person drives a motor vehicle 224 |
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| 298 | + | on any highway in the District: 225 |
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| 299 | + | “(1) At a speed of 20 miles per hour or more in excess of the speed limit; or 226 |
---|
| 300 | + | “(2) In any other manner that displays a conscious disregard of the risk of causing 227 |
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| 301 | + | property damage or bodily injury to any person. 228 |
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| 302 | + | “(c) A person commits the offense of aggravated reckless driving if the person drives a 229 |
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| 303 | + | motor vehicle on any highway in the District: 230 |
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| 304 | + | “(1) At a speed of 30 miles per hour or more above the speed limit; or 231 |
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| 305 | + | “(2) At a speed of 20 miles per hour or more above the speed limit; and 232 |
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| 306 | + | “(A) Causes bodily injury to any other person; 233 |
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| 307 | + | “(B) Collides with another motor vehicle; or 234 |
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| 308 | + | “(C) Causes $1,000 or more in property damage. 235 |
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| 309 | + | “(d) Any person convicted of reckless driving shall: 236 |
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| 310 | + | “(1) For a first or second conviction of reckless driving, be fined no more than the 237 |
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| 311 | + | amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 238 |
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529 | | - | “(a) There is established within the Department of Motor Vehicles (“DMV”) an |
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530 | | - | Intelligent Speed Assistance Program that shall install, and monitor compliance with, intelligent |
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531 | | - | speed assistance systems that limit the speed at which a motor vehicle can travel based on the |
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532 | | - | applicable speed limit in the vehicle of any person that is convicted of an offense requiring |
---|
533 | | - | enrollment as a condition of reinstatement pursuant to section 38(a)(5) of the Motor Vehicle |
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534 | | - | Safety Responsibility Act of the District of Columbia, approved May 25, 1954 (68 Stat. 120; |
---|
535 | | - | D.C. Official Code § 50-1301.38(a)(5)). |
---|
536 | | - | “(b)(1) Upon receipt of notice of a person who must enroll in the Intelligent Speed |
---|
537 | | - | Assistance Program pursuant to subsection (a) of this section, the DMV shall: |
---|
538 | | - | “(A) Require the person’s enrollment in the Intelligent Speed Assistance |
---|
539 | | - | Program as a condition for obtaining and maintain a restricted license; |
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540 | | - | “(B) Permit the person to enroll in the Intelligent Speed Assistance |
---|
541 | | - | Program; |
---|
542 | | - | “(C) Revoke the person’s license and issue the person a restricted license |
---|
543 | | - | that notes their participation in the Intelligent Speed Assistance and the requirements thereof; |
---|
544 | | - | and |
---|
545 | | - | “(D) Not issue the person a license, other than a restricted license as |
---|
546 | | - | described in subparagraph (A), until the person successfully completes a period of enrollment as |
---|
547 | | - | described in subsection (c) of this section. |
---|
548 | | - | (2)(A) The DMV shall provide notice to the person of the requirements of |
---|
549 | | - | paragraph (1) of this subsection. |
---|
550 | | - | “(B) For the purposes of this paragraph, the person shall be considered to |
---|
551 | | - | have been provided notice upon receipt of a letter containing the information required by |
---|
552 | | - | subparagraph (A) of this paragraph that is either: |
---|
553 | | - | “(i) Hand delivered to the person; or |
---|
554 | | - | “(ii) Delivered by certified mail to the address listed on the |
---|
555 | | - | person’s license. |
---|
556 | | - | “(c) A person’s license shall remain revoked pursuant to subsection (b)(1)(C) of this |
---|
557 | | - | section, and a person’s enrollment in the Intelligent Speed Assistance Program shall remain a |
---|
558 | | - | condition for obtaining and maintain a restricted license pursuant to subsection (b)(1)(A) of this |
---|
559 | | - | section, for the following periods: |
---|
560 | | - | “(1) For the first conviction requiring enrollment, one year; |
---|
561 | | - | “(2) For the second conviction requiring enrollment, 2 years; |
---|
562 | | - | “(3) For the third conviction requiring enrollment, 3 years; and |
---|
563 | | - | “(4) For a fourth conviction requiring enrollment, indefinitely. |
---|
564 | | - | “(d) A person enrolled in the Intelligent Speed Assistance pursuant to subsection (a) of |
---|
565 | | - | this section, shall: |
---|
566 | | - | “(1) Install an intelligent speed assistance system on each motor vehicle owned by |
---|
567 | | - | or registered to the person; and |
---|
568 | | - | “(2) Not operate a motor vehicle that is not equipped with a functioning, certified |
---|
569 | | - | intelligent speed assistance system. |
---|
| 318 | + | effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for 239 |
---|
| 319 | + | no more than 90 days, or both; and 240 |
---|
| 320 | + | “(2) For a third or subsequent conviction for reckless driving within a 2-year 241 |
---|
| 321 | + | period, be fined no more than the amount set forth in section 101 of the Criminal Fine 242 |
---|
| 322 | + | Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 243 |
---|
| 323 | + | Official Code § 22-3571.01), or incarcerated for no more than one year, or both. 244 |
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| 324 | + | “(e) Any person convicted of aggravated reckless driving shall be: 245 |
---|
| 325 | + | “(1) For a first or second conviction of aggravated reckless driving, be fined no 246 |
---|
| 326 | + | more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment 247 |
---|
| 327 | + | Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or 248 |
---|
| 328 | + | incarcerated for no more than 180 days, or both; and 249 |
---|
| 329 | + | “(2) For a third or subsequent conviction for aggravated reckless driving within a 250 |
---|
| 330 | + | 2-year period, be fined no more than the amount set forth in section 101 of the Criminal Fine 251 |
---|
| 331 | + | Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. 252 |
---|
| 332 | + | Official Code § 22-3571.01), or incarcerated for no more than 2 years, or both. 253 |
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| 333 | + | “(f) When determining whether a defendant has a prior conviction for reckless driving or 254 |
---|
| 334 | + | aggravated reckless driving, the Court shall include convictions for any offense from another 255 |
---|
| 335 | + | state or territory of the United States which, if committed in the District of Columbia, would 256 |
---|
| 336 | + | constitute reckless driving or aggravated reckless driving, respectively. 257 |
---|
| 337 | + | “(g)(1) The Attorney General may bring a civil cause of action in the Superior Court of 258 |
---|
| 338 | + | the District of Columbia: 259 |
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576 | | - | “(e) If a person fails to comply with the Intelligent Speed Assistance Program's |
---|
577 | | - | requirements as described in subsection (d) of this section, the DMV shall immediately revoke |
---|
578 | | - | the person’s restricted license and prohibit the person from re-enrolling in the Intelligent Speed |
---|
579 | | - | Assistance Program for 6 months. |
---|
580 | | - | “(d)(1) A person enrolled in the Intelligent Speed Assistance Program shall pay all costs |
---|
581 | | - | associated with enrolling and participating in the Intelligent Speed Assistance Program except in |
---|
582 | | - | cases where the Intelligent Speed Assistance Program determines the person is indigent as |
---|
583 | | - | described in paragraph (2) of this section. |
---|
584 | | - | “(2)(A) Before a participant enrolls in the Intelligent Speed Assistance Program, |
---|
585 | | - | the DMV shall determine whether a participant is indigent. |
---|
586 | | - | “(B) If a participant is determined to be indigent, the DMV shall pay all |
---|
587 | | - | costs associated with that person’s enrollment and participation in the Intelligent Speed |
---|
588 | | - | Assistance Program for one year resulting from the first conviction requiring enrollment. |
---|
589 | | - | “(3) For the purposes of this subsection, the term “indigent” means a person who |
---|
590 | | - | receives an annual income, after taxes, of 150% or less of the federal poverty guidelines as |
---|
591 | | - | updated periodically in the Federal Register by the United States Department of Health and |
---|
592 | | - | Human Services pursuant to section 673(2) of the Community Services Block Grant Act, |
---|
593 | | - | approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2)).”. |
---|
594 | | - | (f) Section 13 (D.C. Official Code § 50-1403.01) is amended to read as follows: |
---|
595 | | - | “Sec. 13. Department of Motor Vehicles’ authority to restrict, suspend, or revoke driving |
---|
596 | | - | privileges for good cause; reciprocity; penalties. |
---|
597 | | - | “(a) In addition to any other authority provided under District law, the DMV may for |
---|
598 | | - | good cause: |
---|
599 | | - | “(1) Suspend or revoke a person’s license; or |
---|
600 | | - | “(2) Suspend or revoke a nonresident person’s privilege to operate a motor |
---|
601 | | - | vehicle in the District of Columbia. |
---|
602 | | - | “(b)(1) Prior to taking any action pursuant subsection (a) of this section, the DMV shall: |
---|
603 | | - | “(A) Provide notice to the person: |
---|
604 | | - | “(i) That the DMV is seeking to take one of the actions described |
---|
605 | | - | in subsection (a) of this section; |
---|
606 | | - | “(ii) Of the DMV’s rationale for taking the proposed action; |
---|
607 | | - | “(iii) That the person has 10 business days from the time of notice |
---|
608 | | - | to request a hearing with the DMV to contest the proposed action; and |
---|
609 | | - | “(iv) That failure to request a hearing within 10 business days shall |
---|
610 | | - | result in the proposed action being taken. |
---|
611 | | - | “(B) In cases where the DMV is seeking to revoke a nonresident person’s |
---|
612 | | - | privilege to operate a motor vehicle in the District of Columbia as described in subsection (a)(2) |
---|
613 | | - | of this section, notify the state or territorial agency that has issued the nonresident person’s |
---|
614 | | - | license. |
---|
615 | | - | “(2) For the purposes of this subsection, the person shall be considered to have |
---|
616 | | - | been provided notice upon receipt of a letter containing the information described in paragraph |
---|
617 | | - | (1)(A) of this subsection that is either: |
---|
| 345 | + | “(A) In personam, against any driver who is suspected of violating this 260 |
---|
| 346 | + | section; or 261 |
---|
| 347 | + | “(B) In rem, against any motor vehicle operated by a driver in a manner 262 |
---|
| 348 | + | that violates this section. 263 |
---|
| 349 | + | “(2) The Attorney General shall not bring a civil cause of action as described in 264 |
---|
| 350 | + | paragraph (1) of this subsection against any person or motor vehicle: 265 |
---|
| 351 | + | “(A) Regarding a violation of this section for which the fine imposed 266 |
---|
| 352 | + | pursuant to regulations adopted under subsection (a) of this section: 267 |
---|
| 353 | + | “(i) Is being contested or appealed; 268 |
---|
| 354 | + | “(ii) Is not yet due; 269 |
---|
| 355 | + | “(iii) Has been paid by the defendant; or 270 |
---|
| 356 | + | “(iv) Is subject to a payment plan through which the defendant is 271 |
---|
| 357 | + | making timely payments; or 272 |
---|
| 358 | + | “(B) Who is currently serving or has completed serving the sentence 273 |
---|
| 359 | + | imposed pursuant to subsection (d) or subsection (e) of this section. 274 |
---|
| 360 | + | “(3) In civil actions brought pursuant to paragraph (1) of this subsection, the 275 |
---|
| 361 | + | Attorney General may seek: 276 |
---|
| 362 | + | “(A) Payment of any portion of the person’s outstanding fines; 277 |
---|
| 363 | + | “(B) Reasonable attorney’s fees; 278 |
---|
| 364 | + | “(C) For a defendant with a driver’s license issued by: 279 |
---|
672 | | - | “(A) Upon receipt of an order revoking a defendant’s license or privilege |
---|
673 | | - | to operate a motor vehicle pursuant to paragraph (1) of this subsection or section 3f(c-1)(1), |
---|
674 | | - | revoke the defendant’s driver’s license or privilege to operate a motor vehicle within 10 business |
---|
675 | | - | days; and |
---|
676 | | - | “(B)(i) On January 1, 2025, and monthly thereafter submit a report to the |
---|
677 | | - | Superior Court of the District of Columbia and the Office of the Attorney General listing the |
---|
678 | | - | revocations of a driver’s license or privilege to operate a motor vehicle the DMV has made in |
---|
679 | | - | response to orders transmitted pursuant to paragraph (1) of this subsection since the most recent |
---|
680 | | - | report submitted pursuant to this sub-subparagraph; and |
---|
681 | | - | “(ii) On January 1, 2025, and every 6 months thereafter, submit to |
---|
682 | | - | the Council committee with oversight of the DMV a report listing the number of revocations of a |
---|
683 | | - | driver’s license or privilege to operate a motor vehicle the DMV has made in response to orders |
---|
684 | | - | transmitted pursuant to paragraph (1) of this subsection since the most recent report submitted |
---|
685 | | - | pursuant to this sub-subparagraph; provided, that the report submitted pursuant to this sub- |
---|
686 | | - | subparagraph shall not include any personally identifying information.”. |
---|
687 | | - | (b) Section 3f(c-1)(1) (D.C. Official § 50–2206.15(c-1)(1)) is amended to read as |
---|
688 | | - | follows: |
---|
689 | | - | “(c-1)(1) In addition to any other penalty provided by law, and notwithstanding section |
---|
690 | | - | 10a of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1119; D.C. |
---|
691 | | - | Official Code § 50–2201.05a et seq.), and section 38 of the Motor Vehicle Safety Responsibility |
---|
692 | | - | Act of the District of Columbia, approved May 25, 1954 (68 Stat. 130; D.C. Official Code § 50- |
---|
693 | | - | 1301.38), the sentencing judge shall, upon conviction for violating any provision of section 3e, |
---|
694 | | - | when the person has been convicted of 2 prior offenses under section 3b, 3c, or 3e within the past |
---|
695 | | - | 5 years, order the revocation of the defendant’s driver’s license or privilege to operate a motor |
---|
696 | | - | vehicle in the District of Columbia until the DMV reinstates the person’s driver's license or |
---|
697 | | - | privilege to operate a motor vehicle in the District as described in paragraph (2) of this |
---|
698 | | - | subsection, and transmit a copy of that order to the agency which issued the driver’s license or |
---|
699 | | - | privilege to operate a motor vehicle.”. |
---|
700 | | - | (c) Section 3t (D.C. Official Code § 50–2206.55) is repealed. |
---|
| 398 | + | “Sec. 10a. Establishment of Ignition Interlock System Program. 301 |
---|
| 399 | + | “(a) For the purposes of this section, the term “covered offense” means: 302 |
---|
| 400 | + | “(1) Driving under the influence (DUI) of alcohol or a drug, as described in 303 |
---|
| 401 | + | section 3b of the Anti-Drink Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; 304 |
---|
| 402 | + | D.C. Official Code § 50–2206.11); 305 |
---|
| 403 | + | “(2) Driving under the influence of alcohol or a drug; commercial vehicle, as 306 |
---|
| 404 | + | described in section 3c of the Anti-Drink Driving Act of 1982, effective April 27, 2013 (D.C. 307 |
---|
| 405 | + | Law 19-266; D.C. Official Code § 50–2206.12); 308 |
---|
| 406 | + | “(3) Operating a vehicle while impaired, as described in section 3e of the Anti-309 |
---|
| 407 | + | Drink Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code § 310 |
---|
| 408 | + | 50–2206.14); 311 |
---|
| 409 | + | “(4) Refusal to submit to chemical testing as required under section 4b of the 312 |
---|
| 410 | + | District of Columbia Implied Consent Act, approved October 21, 1972 (86 Stat. 1017; D.C. 313 |
---|
| 411 | + | Official Code § 50–1904.02); or 314 |
---|
| 412 | + | “(5) Any other offense or conduct committed in another jurisdiction, including 315 |
---|
| 413 | + | foreign jurisdictions and military jurisdictions, which, if committed in the District of Columbia, 316 |
---|
| 414 | + | would be one of the offenses listed in paragraphs (1) through (4) of this subsection. 317 |
---|
| 415 | + | “(b) There is established within the Department of Motor Vehicles (“DMV”) an Ignition 318 |
---|
| 416 | + | Interlock Program that shall install, and monitor compliance with, ignition interlock systems in 319 |
---|
| 417 | + | the vehicle of any person: 320 |
---|
| 528 | + | 20 |
---|
| 529 | + | “(A) For the first commission of a covered offense or conviction requiring 402 |
---|
| 530 | + | enrollment, one year; 403 |
---|
| 531 | + | “(B) For the second commission of a covered offense or conviction 404 |
---|
| 532 | + | requiring enrollment, 2 years; 405 |
---|
| 533 | + | “(C) For the third commission of a covered offense or conviction requiring 406 |
---|
| 534 | + | enrollment, 3 years; and 407 |
---|
| 535 | + | “(D) For a fourth or subsequent commission of a covered offense or 408 |
---|
| 536 | + | conviction requiring enrollment, indefinitely. 409 |
---|
| 537 | + | “(2) The DMV shall consider both previous commissions of a covered offense 410 |
---|
| 538 | + | and previous convictions requiring enrollment under subsection (b) of this section when 411 |
---|
| 539 | + | computing the period of enrollment required by paragraph (1) of this subsection. 412 |
---|
| 540 | + | “(3) When determining whether a person has been enrolled in the Ignition 413 |
---|
| 541 | + | Interlock Program for the period required by paragraph (1) of this subsection, the DMV shall 414 |
---|
| 542 | + | give credit to a person for any time spent enrolled in that program, prior to the person’s 415 |
---|
| 543 | + | conviction, for the same conduct that is the basis of the conviction for which the person is 416 |
---|
| 544 | + | required to enroll in the program pursuant to paragraph (1) of this subsection.”. 417 |
---|
| 545 | + | “(i) Any person enrolled in the Ignition Interlock Program pursuant to subsection 418 |
---|
| 546 | + | (f)(3)(A) or subsection (g)(1)(A) of this section shall: 419 |
---|
| 547 | + | “(1) Install an ignition interlock system on each motor vehicle owned by or 420 |
---|
| 548 | + | registered to the person; and 421 |
---|
| 549 | + | |
---|
| 550 | + | ENGROSSED ORIGINAL |
---|
| 551 | + | |
---|
| 552 | + | |
---|
| 553 | + | |
---|
| 554 | + | 21 |
---|
| 555 | + | “(2) Not operate a motor vehicle that is not equipped with a functioning, certified 422 |
---|
| 556 | + | ignition interlock system. 423 |
---|
| 557 | + | “(j) If a person fails to comply with the Ignition Interlock Program’s requirements as 424 |
---|
| 558 | + | described in subsection (i) of this section, the DMV shall immediately revoke the person’s 425 |
---|
| 559 | + | restricted license and: 426 |
---|
| 560 | + | “(1) For any person required to enroll in the program pursuant to section 38(a)(4) 427 |
---|
| 561 | + | of the Motor Vehicle Safety Responsibility Act of the District of Columbia, approved May 25, 428 |
---|
| 562 | + | 1954 (68 Stat. 130; D.C. Official Code § 50–1301.38(a)(4) as a condition of reinstatement, 429 |
---|
| 563 | + | prohibit the person from re-enrolling in the Ignition Interlock Program for 6 months; or 430 |
---|
| 564 | + | “(2) For any other person, prohibit the person from re-enrolling in the Ignition 431 |
---|
| 565 | + | Interlock Program. 432 |
---|
| 566 | + | “(k)(1) A person enrolled in the Ignition Interlock Program shall pay all costs associated 433 |
---|
| 567 | + | with enrolling and participating in the Ignition Interlock Program except in cases where the 434 |
---|
| 568 | + | Ignition Interlock Program determines the person is indigent as described in paragraph (2) of this 435 |
---|
| 569 | + | subsection. 436 |
---|
| 570 | + | “(2)(A) Before a participant enrolls in the Ignition Interlock Program, the DMV 437 |
---|
| 571 | + | shall determine whether a participant is indigent. 438 |
---|
| 572 | + | “(B) If a participant is determined to be indigent, the DMV shall pay all 439 |
---|
| 573 | + | costs associated with that person's enrollment and participation in the Ignition Interlock Program 440 |
---|
| 574 | + | for one year resulting from the first commission of a covered offense. 441 |
---|
| 575 | + | |
---|
| 576 | + | ENGROSSED ORIGINAL |
---|
| 577 | + | |
---|
| 578 | + | |
---|
| 579 | + | |
---|
| 580 | + | 22 |
---|
| 581 | + | “(3) For the purposes of paragraph (2) of this subsection, the term “indigent” 442 |
---|
| 582 | + | means a person who receives an annual income, after taxes, of 150% or less of the federal 443 |
---|
| 583 | + | poverty guidelines as updated periodically in the Federal Register by the United States 444 |
---|
| 584 | + | Department of Health and Human Services pursuant to section 673(2) of the Community 445 |
---|
| 585 | + | Services Block Grant Act, approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2)).”. 446 |
---|
| 586 | + | (e) A new section 10a-1 is added to read as follows: 447 |
---|
| 587 | + | “Sec. 10a-1. Establishment of Intelligent Speed Assistance Program. 448 |
---|
| 588 | + | “(a) There is established within the Department of Motor Vehicles (“DMV”) an 449 |
---|
| 589 | + | Intelligent Speed Assistance Program that shall install, and monitor compliance with, intelligent 450 |
---|
| 590 | + | speed assistance systems that limit the speed at which a motor vehicle can travel based on the 451 |
---|
| 591 | + | applicable speed limit in the vehicle of any person that is convicted of an offense requiring 452 |
---|
| 592 | + | enrollment as a condition of reinstatement pursuant to section 38(a)(5) of the Motor Vehicle 453 |
---|
| 593 | + | Safety Responsibility Act of the District of Columbia, approved May 25, 1954 (68 Stat. 120; 454 |
---|
| 594 | + | D.C. Official Code § 50-1301.38(a)(5)). 455 |
---|
| 595 | + | “(b)(1) Upon receipt of notice of a person who must enroll in the Intelligent Speed 456 |
---|
| 596 | + | Assistance Program pursuant to subsection (a) of this section, the DMV shall: 457 |
---|
| 597 | + | “(A) Require the person’s enrollment in the Intelligent Speed Assistance 458 |
---|
| 598 | + | Program as a condition for obtaining and maintain a restricted license; 459 |
---|
| 599 | + | “(B) Permit the person to enroll in the Intelligent Speed Assistance 460 |
---|
| 600 | + | Program; 461 |
---|
| 601 | + | |
---|
| 602 | + | ENGROSSED ORIGINAL |
---|
| 603 | + | |
---|
| 604 | + | |
---|
| 605 | + | |
---|
| 606 | + | 23 |
---|
| 607 | + | “(C) Revoke the person’s license and issue the person a restricted license 462 |
---|
| 608 | + | that notes their participation in the Intelligent Speed Assistance and the requirements thereof; 463 |
---|
| 609 | + | “(D) Not issue the person a license, other than a restricted license as 464 |
---|
| 610 | + | described in subparagraph (A), until the person successfully completes a period of enrollment as 465 |
---|
| 611 | + | described in subsection (c) of this section; and 466 |
---|
| 612 | + | (2)(A) The DMV shall provide notice to the person of the requirements of 467 |
---|
| 613 | + | paragraph (1) of this subsection. 468 |
---|
| 614 | + | “(B) For the purposes of this paragraph, the person shall be considered to 469 |
---|
| 615 | + | have been provided notice upon receipt of a letter containing the information required by 470 |
---|
| 616 | + | subparagraph (A) of this paragraph that is either: 471 |
---|
| 617 | + | “(i) Hand delivered to the person; or 472 |
---|
| 618 | + | “(ii) Delivered by certified mail to the address listed on the 473 |
---|
| 619 | + | person’s license. 474 |
---|
| 620 | + | “(c) A person’s license shall remain revoked pursuant to subsection (b)(1)(C) of this 475 |
---|
| 621 | + | section, and a person’s enrollment in the Intelligent Speed Assistance Program shall remain a 476 |
---|
| 622 | + | condition for obtaining and maintain a restricted license pursuant to subsection (b)(1)(A) of this 477 |
---|
| 623 | + | section, for the following periods: 478 |
---|
| 624 | + | “(1) For the first conviction requiring enrollment, one year; 479 |
---|
| 625 | + | “(2) For the second conviction requiring enrollment, 2 years; 480 |
---|
| 626 | + | “(3) For the third conviction requiring enrollment, 3 years; and 481 |
---|
| 627 | + | “(4) For a fourth conviction requiring enrollment, indefinitely. 482 |
---|
| 628 | + | |
---|
| 629 | + | ENGROSSED ORIGINAL |
---|
| 630 | + | |
---|
| 631 | + | |
---|
| 632 | + | |
---|
| 633 | + | 24 |
---|
| 634 | + | “(d) Any person enrolled in the Intelligent Speed Assistance pursuant to subsection (a) of 483 |
---|
| 635 | + | this section, shall: 484 |
---|
| 636 | + | “(1) Install an intelligent speed assistance system on each motor vehicle owned by 485 |
---|
| 637 | + | or registered to the person; and 486 |
---|
| 638 | + | “(2) Not operate a motor vehicle that is not equipped with a functioning, certified 487 |
---|
| 639 | + | intelligent speed assistance system. 488 |
---|
| 640 | + | “(e) If any person fails to comply with the Intelligent Speed Assistance Program's 489 |
---|
| 641 | + | requirements as described in subsection (d) of this section, the DMV shall immediately revoke 490 |
---|
| 642 | + | the person’s restricted license and prohibit the person from re-enrolling in the Intelligent Speed 491 |
---|
| 643 | + | Assistance Program for six months. 492 |
---|
| 644 | + | “(d)(1) Any person enrolled in the Intelligent Speed Assistance Program shall pay all 493 |
---|
| 645 | + | costs associated with enrolling and participating in the Intelligent Speed Assistance Program 494 |
---|
| 646 | + | except in cases where the Intelligent Speed Assistance Program determines the person is indigent 495 |
---|
| 647 | + | as described in paragraph (2) of this section. 496 |
---|
| 648 | + | “(2)(A) Before a participant enrolls in the Intelligent Speed Assistance Program, 497 |
---|
| 649 | + | the DMV shall determine whether a participant is indigent. 498 |
---|
| 650 | + | “(B) If a participant is determined to be indigent, the DMV shall pay all 499 |
---|
| 651 | + | costs associated with that person’s enrollment and participation in the Intelligent Speed 500 |
---|
| 652 | + | Assistance Program for one year resulting from the first conviction requiring enrollment. 501 |
---|
| 653 | + | “(3) For the purposes of this subsection, the term “indigent” means a person who 502 |
---|
| 654 | + | receives an annual income, after taxes, of 150% or less of the federal poverty guidelines as 503 |
---|
| 655 | + | |
---|
| 656 | + | ENGROSSED ORIGINAL |
---|
| 657 | + | |
---|
| 658 | + | |
---|
| 659 | + | |
---|
| 660 | + | 25 |
---|
| 661 | + | updated periodically in the Federal Register by the United States Department of Health and 504 |
---|
| 662 | + | Human Services pursuant to section 673(2) of the Community Services Block Grant Act, 505 |
---|
| 663 | + | approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2)).”. 506 |
---|
| 664 | + | (e) Section 13 (D.C. Official Code § 50-1403.01) is amended to read as follows: 507 |
---|
| 665 | + | “Sec. 13. Department of Motor Vehicles’ authority to restrict, suspend, or revoke driving 508 |
---|
| 666 | + | privileges for good cause; reciprocity; penalties. 509 |
---|
| 667 | + | “(a) In addition to any other authority provided under District law, the DMV may for 510 |
---|
| 668 | + | good cause: 511 |
---|
| 669 | + | “(1) Suspend or revoke a person’s license; or 512 |
---|
| 670 | + | “(2) Suspend or revoke a nonresident person’s privilege to operate a motor 513 |
---|
| 671 | + | vehicle in the District of Columbia. 514 |
---|
| 672 | + | “(b)(1) Prior to taking any action pursuant subsection (a) of this section, the DMV shall: 515 |
---|
| 673 | + | “(A) Provide notice to the person: 516 |
---|
| 674 | + | “(i) That the DMV is seeking to take one of the actions described 517 |
---|
| 675 | + | in subsection (a) of this section; 518 |
---|
| 676 | + | “(ii) Of the DMV’s rationale for taking the proposed action; 519 |
---|
| 677 | + | “(iii) That the person has 10 business days from the time of notice 520 |
---|
| 678 | + | to request a hearing with the DMV to contest the proposed action; and 521 |
---|
| 679 | + | “(iv) That failure to request a hearing within 10 business days shall 522 |
---|
| 680 | + | result in the proposed action being taken. 523 |
---|
| 681 | + | |
---|
| 682 | + | ENGROSSED ORIGINAL |
---|
| 683 | + | |
---|
| 684 | + | |
---|
| 685 | + | |
---|
| 686 | + | 26 |
---|
| 687 | + | “(B) In cases where the DMV is seeking to revoke a nonresident person’s 524 |
---|
| 688 | + | privilege to operate a motor vehicle in the District of Columbia as described in subsection (a)(4) 525 |
---|
| 689 | + | of this section, notify the state or territorial agency that has issued the nonresident person’s 526 |
---|
| 690 | + | license. 527 |
---|
| 691 | + | “(2) For the purposes of this subsection, the person shall be considered to have 528 |
---|
| 692 | + | been provided notice upon receipt of a letter containing the information described in paragraph 529 |
---|
| 693 | + | (1)(A) of this subsection that is either: 530 |
---|
| 694 | + | “(A) Hand delivered to the person; or 531 |
---|
| 695 | + | “(B) Delivered by certified mail to the address listed on the person’s 532 |
---|
| 696 | + | license. 533 |
---|
| 697 | + | “(c) The DMV shall suspend the license and registrations of any District resident if: 534 |
---|
| 698 | + | “(1) The DMV receives a certification from any state that it has suspended or 535 |
---|
| 699 | + | revoked the operating privilege of that District resident; and 536 |
---|
| 700 | + | “(2) The suspension or revocation was based on a conviction for, or a forfeiture of 537 |
---|
| 701 | + | any bond or collateral related to, an offense that, if committed in the District, would require the 538 |
---|
| 702 | + | DMV to suspend a nonresident’s operating privilege. 539 |
---|
| 703 | + | “(d) Any restriction, suspension, or revocation of a license imposed under this section 540 |
---|
| 704 | + | shall be for a period determined by the DMV but shall not exceed 5 years. 541 |
---|
| 705 | + | “(e) This section shall be subject to the requirements of the District of Columbia 542 |
---|
| 706 | + | Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 543 |
---|
| 707 | + | 2–501 et seq.). 544 |
---|
| 708 | + | |
---|
| 709 | + | ENGROSSED ORIGINAL |
---|
| 710 | + | |
---|
| 711 | + | |
---|
| 712 | + | |
---|
| 713 | + | 27 |
---|
| 714 | + | “(f) Any individual found guilty of operating a motor vehicle in the District during the 545 |
---|
| 715 | + | period for which the individual’s license is revoked or suspended, or for which his right to 546 |
---|
| 716 | + | operate is suspended or revoked, shall, for each such offense, be fined no more than the amount 547 |
---|
| 717 | + | set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective 548 |
---|
| 718 | + | June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more 549 |
---|
| 719 | + | than one year, or both.”. 550 |
---|
| 720 | + | Sec. 5. Section 802(a) of An Act To establish a code of law for the District of Columbia, 551 |
---|
| 721 | + | approved March 3, 1901 (31 Stat. 1189; D.C. Official Code § 50–2203.01), is amended by 552 |
---|
| 722 | + | striking the phrase “a pedestrian” and inserting the phrase “any person” in its place. 553 |
---|
| 723 | + | Sec. 6. The Anti-Drunk Driving Act of 1982, effective September 14, 1982 (D.C. Law 4-554 |
---|
| 724 | + | 145; D.C. Official Code § 50–2205.01 et seq.), is amended as follows: 555 |
---|
| 725 | + | (a) Section 3d(d-1) (D.C. Official Code § 50–2206.13(d-1)) is amended as follows: 556 |
---|
| 726 | + | (1) Paragraph (1) is amended to read as follows: 557 |
---|
| 727 | + | “(1) In addition to any other penalty provided by law, and notwithstanding section 558 |
---|
| 728 | + | 10a of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1119; D.C. 559 |
---|
| 729 | + | Official Code § 50–2201.05a et seq.), and section 38 of the Motor Vehicle Safety Responsibility 560 |
---|
| 730 | + | Act of the District of Columbia, approved May 25, 1954 (68 Stat. 130; D.C. Official Code § 50-561 |
---|
| 731 | + | 1301.38), the sentencing judge shall, upon conviction for violating any provision of section 3b or 562 |
---|
| 732 | + | section 3c, when the person has been convicted of 2 prior offenses under section 3b, 3c, or 3e 563 |
---|
| 733 | + | within the past 5 years, order the revocation of the defendant’s driver’s license or privilege to 564 |
---|
| 734 | + | operate a motor vehicle in the District of Columbia until the DMV reinstates the person’s driver's 565 |
---|
| 735 | + | |
---|
| 736 | + | ENGROSSED ORIGINAL |
---|
| 737 | + | |
---|
| 738 | + | |
---|
| 739 | + | |
---|
| 740 | + | 28 |
---|
| 741 | + | license or privilege to operate a motor vehicle in the District as described in paragraph (2) of this 566 |
---|
| 742 | + | subsection, and transmit a copy of that order to the agency which issued the driver’s license or 567 |
---|
| 743 | + | privilege to operate a motor vehicle.”. 568 |
---|
| 744 | + | (2) A new paragraph (1A) is added to read as follows: 569 |
---|
| 745 | + | “(1A) The Department of Motor Vehicles (“DMV”) shall: 570 |
---|
| 746 | + | “(A) Upon receipt of an order revoking a defendant’s license or privilege 571 |
---|
| 747 | + | to operate a motor vehicle pursuant to paragraph (1) of this subsection or section 3f(c-1)(1), 572 |
---|
| 748 | + | revoke the defendant’s driver’s license or privilege to operate a motor vehicle within 10 business 573 |
---|
| 749 | + | days; and 574 |
---|
| 750 | + | “(B)(i) On January 1, 2025, and monthly thereafter submit a report to the 575 |
---|
| 751 | + | Superior Court for the District of Columbia and the Office of the Attorney General listing the 576 |
---|
| 752 | + | revocations of a driver’s license or privilege to operate a motor vehicle the DMV has made in 577 |
---|
| 753 | + | response to orders transmitted pursuant to paragraph (1) of this subsection since the most recent 578 |
---|
| 754 | + | report submitted pursuant to this sub-subparagraph; and 579 |
---|
| 755 | + | “(ii) On January 1, 2025, and every 6 months thereafter, submit to 580 |
---|
| 756 | + | the Council committee with oversight of the DMV a report listing the number of revocations of a 581 |
---|
| 757 | + | driver’s license or privilege to operate a motor vehicle the DMV has made in response to orders 582 |
---|
| 758 | + | transmitted pursuant to paragraph (1) of this subsection since the most recent report submitted 583 |
---|
| 759 | + | pursuant to this sub-subparagraph; provided, that the report submitted pursuant to this sub-584 |
---|
| 760 | + | subparagraph shall not include any personally identifying information.”. 585 |
---|
| 761 | + | |
---|
| 762 | + | ENGROSSED ORIGINAL |
---|
| 763 | + | |
---|
| 764 | + | |
---|
| 765 | + | |
---|
| 766 | + | 29 |
---|
| 767 | + | (b) Section 3f(c-1)(1) (D.C. Official § 50–2206.15(c-1)(1)) is amended to read as 586 |
---|
| 768 | + | follows: 587 |
---|
| 769 | + | “(c-1)(1) In addition to any other penalty provided by law, and notwithstanding section 588 |
---|
| 770 | + | 10a of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1119; D.C. 589 |
---|
| 771 | + | Official Code § 50–2201.05a et seq.), and section 38 of the Motor Vehicle Safety Responsibility 590 |
---|
| 772 | + | Act of the District of Columbia, approved May 25, 1954 (68 Stat. 130; D.C. Official Code § 50-591 |
---|
| 773 | + | 1301.38), the sentencing judge shall, upon conviction for violating any provision of section 3e, 592 |
---|
| 774 | + | when the person has been convicted of 2 prior offenses under section 3b, 3c, or 3e within the past 593 |
---|
| 775 | + | 5 years, order the revocation of the defendant’s driver’s license or privilege to operate a motor 594 |
---|
| 776 | + | vehicle in the District of Columbia until the DMV reinstates the person’s driver's license or 595 |
---|
| 777 | + | privilege to operate a motor vehicle in the District as described in paragraph (2) of this 596 |
---|
| 778 | + | subsection, and transmit a copy of that order to the agency which issued the driver’s license or 597 |
---|
| 779 | + | privilege to operate a motor vehicle.”. 598 |
---|
| 780 | + | (c) Section 3t (D.C. Official Code § 50–2206.55) is repealed. 599 |
---|
| 781 | + | Sec. 7. Section 2 of the District of Columbia Revenue Act of 1937, approved August 17, 600 |
---|
| 782 | + | 1937 (50 Stat. 680; D.C. Official Code § 50–1501.02), is amended by adding a new subsection 601 |
---|
| 783 | + | (l) to read as follows: 602 |
---|
| 784 | + | “(l)(1) Upon receipt of a report for a stolen motor vehicle registered in the District that 603 |
---|
| 785 | + | MPD reasonably believes to be true, MPD shall transmit the following information to the District 604 |
---|
| 786 | + | Department of Transportation (“DDOT”), the Department of Motor Vehicles (“DMV”), and the 605 |
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| 787 | + | Department of Public Works (“DPW”) within 5 business days: 606 |
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| 788 | + | |
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| 789 | + | ENGROSSED ORIGINAL |
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| 790 | + | |
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| 791 | + | |
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| 792 | + | |
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| 793 | + | 30 |
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| 794 | + | “(A) The name, contact information, and driver’s license number or 607 |
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| 795 | + | identification card number of the stolen motor vehicle’s owner; 608 |
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| 796 | + | “(B) The make, model, year, vehicle identification number, and plate 609 |
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| 797 | + | number of the stolen motor vehicle; and 610 |
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| 798 | + | “(C) The dates during which the motor vehicle was or is alleged to have 611 |
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| 799 | + | been stolen. 612 |
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| 800 | + | “(2) If, after transmitting information as described in paragraph (1) of this 613 |
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| 801 | + | subsection, MPD subsequently determines that it no longer reasonably believes a report of a 614 |
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| 802 | + | stolen motor vehicle to be true, it shall notify the DMV of that determination within 5 business 615 |
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| 803 | + | days. 616 |
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| 804 | + | “(3) DDOT shall not issue a notice of infraction for a moving violation detected 617 |
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| 805 | + | by the automated traffic enforcement system authorized pursuant to section 901(a) of Fiscal Year 618 |
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| 806 | + | 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code 619 |
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| 807 | + | § 50–2209.01(a)) if: 620 |
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| 808 | + | “(A) DDOT has received notice that the motor vehicle captured by the 621 |
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| 809 | + | automated traffic enforcement system was stolen at the time of the violation as described in 622 |
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| 810 | + | paragraph (1) of this subsection; and 623 |
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| 811 | + | “(B) MPD has not subsequently notified the DMV that it no longer 624 |
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| 812 | + | reasonably believes the report of a stolen motor vehicle to be true. 625 |
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| 813 | + | “(4) DPW shall not issue a notice of infraction for any parking violation detected 626 |
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| 814 | + | by a District agency if: 627 |
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| 815 | + | |
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| 816 | + | ENGROSSED ORIGINAL |
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| 817 | + | |
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| 818 | + | |
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| 819 | + | |
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| 820 | + | 31 |
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| 821 | + | “(A) DPW has received notice that the motor vehicle was stolen at the 628 |
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| 822 | + | time of the violation under paragraph (1) of this subsection; and 629 |
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| 823 | + | “(B) MPD has not subsequently notified DPW that it no longer reasonably 630 |
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| 824 | + | believes the report of a stolen motor vehicle to be true.”. 631 |
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| 825 | + | Sec. 8. Fiscal impact statement. 632 |
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| 826 | + | The Council adopts the fiscal impact statement in the committee report as the fiscal 633 |
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| 827 | + | impact statement required by section 4a of the General Legislative Procedures Act of 1975, 634 |
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| 828 | + | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 635 |
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| 829 | + | Sec. 9. Effective date. 636 |
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| 830 | + | This act shall take effect after approval by the Mayor (or in the event of veto by the 637 |
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| 831 | + | Mayor, action by the Council to override the veto), a 30-day period of congressional review as 638 |
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| 832 | + | provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 639 |
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| 833 | + | 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 640 |
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| 834 | + | Columbia Register. 641 |
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