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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- S 0654 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001755 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO MOTOR AN D OTHER VEHICLES -- MOTOR VEHICLE OFFENS ES |
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| 16 | 16 | | Introduced By: Senators LaMountain, Burke, McKenney, and Acosta |
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| 17 | 17 | | Date Introduced: March 07, 2023 |
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| 18 | 18 | | Referred To: Senate Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Section 31-27-2.8 of the General Laws in Chapter 31-27 entitled "Motor 1 |
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| 23 | 23 | | Vehicle Offenses" is hereby amended to read as follows: 2 |
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| 24 | 24 | | 31-27-2.8. Ignition interlock system and/or blood and urine testing imposed as a part 3 |
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| 25 | 25 | | of sentence — Requirements. 4 |
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| 26 | 26 | | (a) Any person subject to suspension pursuant to §§ 31-27-2.1(b)(1) and 31-27-2.1(b)(2) 5 |
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| 27 | 27 | | or convicted under the provisions of § 31-27-2(d)(1), § 31-27-2(d)(2), § 31-27-2(d)(3)(i), or § 31-6 |
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| 28 | 28 | | 27-2(d)(3)(ii), or whose violation is sustained under the provisions of §§ 31-27-2.1(b)(1) and 31- 7 |
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| 29 | 29 | | 27-2.1(b)(2), may be prohibited by the sentencing judge or magistrate from operating a motor 8 |
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| 30 | 30 | | vehicle that is not equipped with an ignition interlock system, and/or blood and urine testing by a 9 |
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| 31 | 31 | | licensed physician with knowledge and clinical experience in the diagnosis and treatment of drug-10 |
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| 32 | 32 | | related disorders, a licensed or certified psychologist, social worker, or EAP professional with like 11 |
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| 33 | 33 | | knowledge, or a substance abuse counselor certified by the National Association of Alcohol and 12 |
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| 34 | 34 | | Drug Abuse Counselors (all of whom shall be licensed in Rhode Island), pursuant to this section. 13 |
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| 35 | 35 | | (1) Notwithstanding any other sentencing and disposition provisions contained in this 14 |
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| 36 | 36 | | chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating 15 |
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| 37 | 37 | | a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as 16 |
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| 38 | 38 | | evidenced by the presence of controlled substances on or about the person or vehicle, or other 17 |
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| 39 | 39 | | reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a preliminary 18 |
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| 40 | 40 | | breath test, results from a breathalyzer that indicates no blood alcohol concentration or both, the 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001755 - Page 2 of 7 |
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| 44 | 44 | | magistrate may exercise his or her discretion and eliminate the requirement of an ignition interlock 1 |
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| 45 | 45 | | system; provided, that blood and/or urine testing is mandated as a condition to operating a motor 2 |
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| 46 | 46 | | vehicle as provided in this section. 3 |
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| 47 | 47 | | (2) Notwithstanding any other sentencing and disposition provisions contained in this 4 |
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| 48 | 48 | | chapter, if a Rhode Island traffic tribunal magistrate makes a finding that a motorist was operating 5 |
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| 49 | 49 | | a vehicle in the state while under the influence of drugs, toluene, or any controlled substance as 6 |
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| 50 | 50 | | evidenced by the presence of controlled substances on or about the person or vehicle, or other 7 |
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| 51 | 51 | | reliable indicia or articulable conditions thereof and intoxicating liquor based on a preliminary 8 |
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| 52 | 52 | | breath test, results from a breathalyzer that indicates blood alcohol concentration or both, the 9 |
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| 53 | 53 | | magistrate may require an ignition interlock system in addition to blood and/or urine testing as a 10 |
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| 54 | 54 | | condition to operating a motor vehicle as provided in this section. 11 |
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| 55 | 55 | | (b) Notwithstanding any other provisions contained in this chapter, any mandatory period 12 |
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| 56 | 56 | | of license suspension shall, upon request, be reduced by the imposition of an ignition interlock 13 |
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| 57 | 57 | | system and/or blood and urine testing ordered by the court or traffic tribunal as follows: 14 |
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| 58 | 58 | | (1) For a violation of § 31-27-2(d)(1), a person shall be subject to a minimum thirty-day 15 |
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| 59 | 59 | | (30) license suspension and an imposition of an ignition interlock system and/or blood and urine 16 |
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| 60 | 60 | | testing for three (3) months to one year. 17 |
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| 61 | 61 | | (2) For a violation of § 31-27-2.1(c)(1), a person shall be subject to a minimum thirty-day 18 |
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| 62 | 62 | | (30) license suspension and an imposition of an ignition interlock system and/or blood and urine 19 |
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| 63 | 63 | | testing for a period of six (6) months to two (2) years. 20 |
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| 64 | 64 | | (3) For a violation of § 31-27-2(d)(2), a person shall be subject to a minimum forty-five-21 |
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| 65 | 65 | | day (45) license suspension and an imposition of an ignition interlock system and/or blood and 22 |
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| 66 | 66 | | urine testing for a period of six (6) months to two (2) years. 23 |
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| 67 | 67 | | (4) For a violation of § 31-27-2.1(c)(2), a person shall be subject to a minimum sixty-day 24 |
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| 68 | 68 | | (60) license suspension and an imposition of an ignition interlock system and/or blood and urine 25 |
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| 69 | 69 | | testing for a period of one to four (4) years. 26 |
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| 70 | 70 | | (5) For a violation of § 31-27-2(d)(3), a person shall be subject to a minimum sixty-day 27 |
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| 71 | 71 | | (60) license suspension and imposition of an ignition interlock system and/or blood and urine 28 |
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| 72 | 72 | | testing for a period of one to four (4) years. 29 |
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| 73 | 73 | | (6) For a violation of § 31-27-2.1(c)(3), a person shall be subject to a minimum ninety-day 30 |
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| 74 | 74 | | (90) license suspension and imposition of an ignition interlock system and/or blood and urine 31 |
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| 75 | 75 | | testing for a period of two (2) to ten (10) years. 32 |
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| 76 | 76 | | (7) No license suspension shall be subject to more than a thirty-day (30) license suspension 33 |
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| 77 | 77 | | based solely upon the imposition of an ignition interlock system. 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC001755 - Page 3 of 7 |
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| 81 | 81 | | (i) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or upon 1 |
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| 82 | 82 | | an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or determination 2 |
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| 83 | 83 | | that the motorist was under the influence of intoxicating liquor only, the magistrate shall, upon 3 |
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| 84 | 84 | | request, immediately grant a conditional hardship license after a finding of need pursuant to this 4 |
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| 85 | 85 | | section and upon proof of the installation of an ignition interlock device. 5 |
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| 86 | 86 | | (ii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or 6 |
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| 87 | 87 | | upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or 7 |
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| 88 | 88 | | determination that the motorist was under the influence of drugs, toluene, or a controlled substance, 8 |
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| 89 | 89 | | but not intoxicating liquor, the judge or magistrate shall, upon request immediately grant a 9 |
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| 90 | 90 | | conditional hardship license after a finding of need pursuant to this section and upon proof of blood 10 |
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| 91 | 91 | | and urine testing pursuant to this section. 11 |
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| 92 | 92 | | (iii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or 12 |
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| 93 | 93 | | upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or 13 |
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| 94 | 94 | | determination that the motorist was under the influence of intoxicating liquor, toluene, a controlled 14 |
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| 95 | 95 | | substance, or any combination thereof, the magistrate shall, upon request immediately grant a 15 |
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| 96 | 96 | | conditional hardship license after a finding of need pursuant to this section and upon proof of the 16 |
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| 97 | 97 | | installation of an ignition interlock device, subject also to the following testing: 17 |
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| 98 | 98 | | (A) The testing of either blood or urine is being performed by or monitored by a licensed 18 |
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| 99 | 99 | | physician with knowledge and clinical experience in the diagnosis and treatment of drug-related 19 |
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| 100 | 100 | | disorders, a licensed or certified psychologist, social worker, or EAP professional with like 20 |
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| 101 | 101 | | knowledge, or a substance abuse counselor certified by the National Association of Alcohol and 21 |
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| 102 | 102 | | Drug Abuse Counselors (all of whom shall be licensed in Rhode Island). 22 |
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| 103 | 103 | | (B) The motorist is required to pay for the substance abuse professional, any testing, 23 |
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| 104 | 104 | | retesting, monitoring, and reporting costs of the blood and urine testing. 24 |
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| 105 | 105 | | (C) Samples are to be collected, tested and confirmed by a federally certified laboratory by 25 |
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| 106 | 106 | | means of gas chromatography/mass spectrometry or technology recognized as being at least as 26 |
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| 107 | 107 | | scientifically accurate. 27 |
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| 108 | 108 | | (D) Samples are to be taken weekly for the first sixty (60) days, thereafter in accordance 28 |
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| 109 | 109 | | with the recommendation of the substance abuse professional. The samples taken thereafter may 29 |
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| 110 | 110 | | be ordered randomly, but must be provided by the motorist within twenty-four (24) hours of the 30 |
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| 111 | 111 | | request. The substance abuse professional shall report to the department of the attorney general 31 |
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| 112 | 112 | | within twenty-four (24) hours any failure by the motorist to comply with a request for a sample. 32 |
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| 113 | 113 | | (E) A positive test of urine or blood that evidences any controlled substances shall be 33 |
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| 114 | 114 | | reported by the substance abuse professional to the motorist and to the department of the attorney 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC001755 - Page 4 of 7 |
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| 118 | 118 | | general within twenty-four (24) hours of receipt of the results. The motorist may, at his or her own 1 |
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| 119 | 119 | | expense, have an opportunity to have the sample retested or reevaluated by an independent testing 2 |
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| 120 | 120 | | facility which shall provide the result directly to the substance abuse professional. The attorney 3 |
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| 121 | 121 | | general may request, at any time, a copy of any or all test results from the substance abuse 4 |
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| 122 | 122 | | professional, who shall forward the requested results within forty-eight (48) hours. 5 |
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| 123 | 123 | | (F) Upon completion of the license suspension, conditional hardship, ignition interlock and 6 |
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| 124 | 124 | | substance abuse testing periods, a finalized report shall be presented to the department of motor 7 |
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| 125 | 125 | | vehicles prior to any license reinstatement. 8 |
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| 126 | 126 | | (G) If a judge or magistrate determines that a motorist either failed, without good cause, to 9 |
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| 127 | 127 | | comply with a sample request or tested positive for any controlled substance, he or she may exercise 10 |
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| 128 | 128 | | his or her discretion and revoke the conditional hardship license, extend the time period for the 11 |
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| 129 | 129 | | ignition interlock system and/or substance abuse testing for an additional period of up to twelve 12 |
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| 130 | 130 | | (12) months and/or impose an additional loss of license for up to twenty-four (24) months. 13 |
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| 131 | 131 | | (H) A motorist who has failed, without good cause, to comply with a sample request or 14 |
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| 132 | 132 | | tested positive for any controlled substance for a second time within twelve (12) months of the first 15 |
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| 133 | 133 | | failure and/or positive test determination shall be guilty of a misdemeanor punishable by up to one 16 |
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| 134 | 134 | | year imprisonment, or a fine of up to one thousand dollars ($1,000), or both. 17 |
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| 135 | 135 | | (c) However, in any case where a motorist is convicted of an alcohol-related offense 18 |
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| 136 | 136 | | pursuant to the provisions of this chapter, the judge or magistrate may exercise his or her discretion 19 |
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| 137 | 137 | | in the granting of the hardship license by imposing up to a ninety (90) day loss of license prior to 20 |
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| 138 | 138 | | any imposition of the hardship license. The hardship license shall be valid for twelve (12) 21 |
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| 139 | 139 | | continuous hours per day for any valid reason approved in advance by the sentencing judge or 22 |
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| 140 | 140 | | magistrate, which shall include employment, medical appointments, job training, schooling, or 23 |
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| 141 | 141 | | religious purposes. The hardship license shall not be for less than twelve (12) continuous hours per 24 |
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| 142 | 142 | | day. A hardship license shall only be granted in conjunction with the installation of an ignition 25 |
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| 143 | 143 | | interlock device and/or blood and urine testing. Any conditional driving privileges must be set by 26 |
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| 144 | 144 | | the sentencing judge or magistrate after a hearing in which the motorist must provide proof of 27 |
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| 145 | 145 | | employment status and hours of employment, or any other legitimate reasons justifying a hardship 28 |
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| 146 | 146 | | license. These shall include, but not be limited to, any unemployment training, schooling, medical 29 |
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| 147 | 147 | | appointments, therapy treatments, or any other valid requests set forth by sworn affidavit. Once 30 |
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| 148 | 148 | | said hardship period has concluded, the motorist must still be subject to the conditions of the 31 |
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| 149 | 149 | | ignition interlock system and/or blood and urine testing as set forth under this section for the period 32 |
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| 150 | 150 | | of time as directed by the court. Any individual who violates the requirements of this subsection 33 |
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| 151 | 151 | | shall be subject to the penalties enumerated in § 31-11-18.1. 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC001755 - Page 5 of 7 |
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| 155 | 155 | | (d) Any person convicted of an offense of driving under the influence of liquor or drugs 1 |
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| 156 | 156 | | resulting in death, § 31-27-2.2; driving under the influence of liquor or drugs resulting in serious 2 |
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| 157 | 157 | | bodily injury, § 31-27-2.6; driving to endanger resulting in death, § 31-27-1; or driving to endanger 3 |
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| 158 | 158 | | resulting in serious bodily injury, § 31-27-1.1; may, in addition to any other penalties provided by 4 |
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| 159 | 159 | | law, be prohibited from operating a motor vehicle that is not equipped with an approved ignition 5 |
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| 160 | 160 | | interlock system and/or blood and urine testing for one to five (5) years. 6 |
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| 161 | 161 | | (e) Any person who operates a motor vehicle with a suspended license during the period 7 |
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| 162 | 162 | | of suspension, and the reason for the suspension was due to a conviction of driving under the 8 |
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| 163 | 163 | | influence of drugs or alcohol or a sustained violation or conviction of refusal to submit to a chemical 9 |
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| 164 | 164 | | test, shall be subject to the further use of the ignition interlock system and/or blood and urine testing 10 |
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| 165 | 165 | | for a period of six (6) months subsequent to the penalties enumerated in § 31-11-18.1. 11 |
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| 166 | 166 | | (f) When the court orders the use of an ignition interlock system, the judge or magistrate 12 |
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| 167 | 167 | | shall cause an appropriate notation to be made on the person’s record that clearly sets forth the 13 |
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| 168 | 168 | | requirement for, and the period of the use of, the ignition interlock system; provided, however, the 14 |
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| 169 | 169 | | division of motor vehicles, shall not, in conjunction with the installation of an ignition interlock 15 |
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| 170 | 170 | | system and reinstatement of an operators’ license, produce, file, submit, send notices or maintain 16 |
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| 171 | 171 | | notices, in its database of pre-suspension of the person’s license for failure to pay fines, failure to 17 |
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| 172 | 172 | | pay for alcohol education classes, failure to engage in counseling, failure to complete community 18 |
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| 173 | 173 | | service or for any other reason unless the time period for completion of any of the conditions has 19 |
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| 174 | 174 | | passed. The division of motor vehicles, may, but shall not be required to, send out notices 20 |
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| 175 | 175 | | containing a schedule of payments and conditions and when each must be completed. If, upon those 21 |
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| 176 | 176 | | completion dates, then the division has the authority to send suspension notices to the operator. 22 |
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| 177 | 177 | | (g) In addition to the requirements of subsection (f) of this section, the court or traffic 23 |
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| 178 | 178 | | tribunal shall: 24 |
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| 179 | 179 | | (1) Require proof of the installation of the ignition interlock system and periodic reporting 25 |
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| 180 | 180 | | by the person for the purpose of verification of the proper operation of the ignition interlock system; 26 |
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| 181 | 181 | | (2) Require the person to have the ignition interlock system monitored for the proper use 27 |
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| 182 | 182 | | and accuracy by a person, firm, corporation, or other association to be approved by the division of 28 |
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| 183 | 183 | | motor vehicles at least once every six (6) months, or more frequently as the circumstances may 29 |
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| 184 | 184 | | require; and 30 |
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| 185 | 185 | | (3) Require the person to pay the reasonable cost of leasing or buying, monitoring, and 31 |
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| 186 | 186 | | maintenance of the ignition interlock system. 32 |
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| 187 | 187 | | (4) The requirements under subsection (g) of this section shall be the responsibility of the 33 |
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| 188 | 188 | | probation department or justice assistance, if the individual is under their control, or the division of 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC001755 - Page 6 of 7 |
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| 192 | 192 | | motor vehicles if the individual is not monitored as a condition of the individual’s plea or finding 1 |
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| 193 | 193 | | of guilt. 2 |
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| 194 | 194 | | (h) Any person granted a conditional hardship license upon proof of installation of an 3 |
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| 195 | 195 | | ignition interlock device, may operate that motor vehicle during the entire twelve-hour (12) period 4 |
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| 196 | 196 | | of operation granted by the sentencing judge or magistrate including during the scope of the 5 |
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| 197 | 197 | | person’s employment and/or any other valid reason approved by the sentencing judge or magistrate. 6 |
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| 198 | 198 | | (i) If a person is required, in the course of the person’s employment, to operate a motor 7 |
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| 199 | 199 | | vehicle owned or provided by the person’s employer, the person may operate that motor vehicle in 8 |
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| 200 | 200 | | the course of the person’s employment without installation of an ignition interlock system if the 9 |
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| 201 | 201 | | court makes specific findings expressly permitting the person to operate, in the course of the 10 |
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| 202 | 202 | | person’s employment, a motor vehicle that is not equipped with an ignition interlock system. 11 |
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| 203 | 203 | | (j)(1) Any person subject to an ignition interlock order and/or blood and urine testing who 12 |
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| 204 | 204 | | violates such order shall be guilty of a misdemeanor punishable by up to one year imprisonment, 13 |
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| 205 | 205 | | or a fine of up to one thousand dollars ($1,000), or both. 14 |
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| 206 | 206 | | (2) For a second violation within six (6) months from entry of the order, the person 15 |
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| 207 | 207 | | violating the order shall be imprisoned for a term of not less than ten (10) days and not more than 16 |
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| 208 | 208 | | one year. 17 |
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| 209 | 209 | | (k) For the purposes of this subsection, a violation of the interlock order, includes, but is 18 |
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| 210 | 210 | | not limited to: 19 |
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| 211 | 211 | | (1) Altering, tampering, or in any way attempting to circumvent the operation of an ignition 20 |
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| 212 | 212 | | interlock system that has been installed in the motor vehicle of a person under this section; 21 |
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| 213 | 213 | | (2) Operating a motor vehicle that is not equipped with an ignition interlock system; or 22 |
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| 214 | 214 | | (3) Soliciting or attempting to have another person start a motor vehicle equipped with an 23 |
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| 215 | 215 | | ignition interlock system for the purpose of providing an operable motor vehicle to a person who 24 |
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| 216 | 216 | | is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system. 25 |
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| 217 | 217 | | (l) Any person who attempts to start, or starts, a motor vehicle equipped with an ignition 26 |
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| 218 | 218 | | interlock system, tampers with, or in any way attempts to circumvent, the operation of an ignition 27 |
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| 219 | 219 | | interlock system that has been installed in the motor vehicle for the purpose of providing an 28 |
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| 220 | 220 | | operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not 29 |
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| 221 | 221 | | equipped with an ignition interlock system, shall be guilty of a misdemeanor punishable by up to 30 |
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| 222 | 222 | | one year imprisonment or a fine of up to one thousand dollars ($1,000), or both. 31 |
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| 223 | 223 | | SECTION 2. This act shall take effect upon passage. 32 |
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| 224 | 224 | | ======== |
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| 225 | 225 | | LC001755 |
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| 226 | 226 | | ======== |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC001755 - Page 7 of 7 |
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| 230 | 230 | | EXPLANATION |
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| 231 | 231 | | BY THE LEGISLATIVE COUNCIL |
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| 232 | 232 | | OF |
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| 233 | 233 | | A N A C T |
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| 234 | 234 | | RELATING TO MOTOR AN D OTHER VEHICLES -- MOTOR VEHICLE OFFENS ES |
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| 235 | 235 | | *** |
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| 236 | 236 | | This act would prohibit the division of motor vehicles, in conjunction with the installation 1 |
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| 237 | 237 | | of an ignition interlock system and reinstatement of an operators’ license, to generate or maintain 2 |
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| 238 | 238 | | a notice of pre-suspension of the person’s license for failure to satisfy any condition, or penalty 3 |
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| 239 | 239 | | imposed for an alcohol related event until the time frame for completion has passed. 4 |
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| 240 | 240 | | This act would take effect upon passage. 5 |
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| 241 | 241 | | ======== |
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| 242 | 242 | | LC001755 |
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| 243 | 243 | | ======== |
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| 244 | 244 | | |
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