Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1299 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2	<BillNo> <Sponsor>
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4	4	SENATE BILL 1299
5	5	By Johnson
6	6
7	7
8	8	SB1299
9	9	000902
10	10	- 1 -
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12	12	AN ACT to amend Tennessee Code Annotated, Section
13	13	55-10-417 and Section 55-10-425, relative to
14	14	ignition interlock devices.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Section 55-10-417(b), is amended by
18	18	deleting "blood alcohol concentration" and substituting "breath alcohol concentration".
19	19	SECTION 2. Tennessee Code Annotated, Section 55-10-417(d)(3), is amended by
20	20	deleting "Require the person" and substituting "Except as provided in § 55-10-425(c)(1)(B),
21	21	require the person".
22	22	SECTION 3. Tennessee Code Annotated, Section 55-10-425, is amended by adding
23	23	the following as a new subsection:
24	24	(m)
25	25	(1) This subsection (m) applies to persons who are required to have an
26	26	ignition interlock device installed on their vehicle pursuant to this part and are
27	27	unable to appear at the ignition interlock device provider as required for
28	28	calibration, monitoring, or inspection of the device due to the participant being an
29	29	active service member of the United States Armed Forces who is deployed
30	30	outside the state of Tennessee for more than thirty (30) days due to military
31	31	orders or a temporary change of duty station order.
32	32	(2) If a person who has been ordered to have an ignition interlock device
33	33	on their vehicle pursuant to this part, is an active service member of the United
34	34	States Armed Forces and is ordered to be deployed outside their state of
35	35	residence for more than thirty (30) days, then the person may request the
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40	40	department to temporarily toll the required ignition interlock usage period by
41	41	submitting proof of the deployment to the ignition interlock provider. The ignition
42	42	interlock provider shall forward the request and documentation to the department
43	43	within five (5) business days of receipt. Proof may consist of an official military
44	44	order or temporary change of duty station order, which reflects the time period
45	45	and change of the person's new duty assignment.
46	46	(3)
47	47	(A) The department shall review and either approve or deny all
48	48	requests to toll the required ignition interlock usage period pursuant to
49	49	this subsection (m).
50	50	(B) If granted, the toll period must be for the number of days the
51	51	person is actively deployed. At the end of the deployment, the person will
52	52	have thirty (30) days to have the device calibrated, and the required
53	53	ignition interlock usage period will resume. If the deployment period
54	54	exceeds ninety (90) days, then the person may elect to have the provider
55	55	remove the device from the vehicle to eliminate the cost of the monthly
56	56	lease of the device. However, if the device was removed from the vehicle
57	57	during the deployment period, then the person will have thirty (30) days
58	58	after the end of the deployment period to have the device reinstalled on
59	59	the vehicle, and the required ignition interlock usage period will resume
60	60	upon reinstallation of the device.
61	61	(4) Failure to comply with the requirements of this subsection (m) may
62	62	result in the entire ignition interlock usage period starting over.
63	63	(5) A tolling period granted pursuant to this subsection (m) does not
64	64	relieve a person from the requirement to only operate a vehicle that is equipped
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69	69	with an ignition interlock device or waive any other requirements the participant is
70	70	subject to pursuant to this part.
71	71	(6)
72	72	(A) A person aggrieved by the denial of a request to have the
73	73	ignition interlock usage period tolled under this subsection (m) may, within
74	74	ten (10) business days of the date of the denial, request a review by the
75	75	commissioner or the commissioner's designee. The request for review
76	76	must include copies of the proof submitted to the department, the denial
77	77	letter from the department, and any information showing why the person
78	78	believes the denial was incorrect.
79	79	(B) Within ten (10) business days of receiving the request for
80	80	review the commissioner or the commissioner's designee shall make a
81	81	written determination based on information in the department's records
82	82	and the information provided by the person requesting the review as to
83	83	whether or not the toll period should be granted.
84	84	(C) The request for review will stay the continuation of the
85	85	required ignition interlock usage period until the commissioner's or the
86	86	commissioner's designee's ruling is issued.
87	87	(D) A person may appeal the commissioner's or the
88	88	commissioner's designee's ruling pursuant to § 4-5-322.
89	89	SECTION 4. Tennessee Code Annotated, Section 55-10-425(c)(1)(B), is amended by
90	90	deleting the subdivision and substituting:
91	91	(B) Failing to appear at the ignition interlock device provider when required for
92	92	calibration, monitoring, or inspection of the device; provided, that:
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97	97	(i) A person is not in violation of this subdivision (c)(1)(B) if the person
98	98	appears for calibration, monitoring, or inspection at any time the provider is open
99	99	for operation within seven (7) calendar days before or seven (7) calendar days
100	100	after the date of the person's scheduled appointment;
101	101	(ii) A person may make an appointment for calibration, monitoring, or
102	102	inspection within the seven-calendar-day period before or after their original
103	103	appointment, but the calibration, monitoring, or inspection must be completed
104	104	within the seven-calendar-day period before or after their original appointment for
105	105	subdivision (c)(1)(B)(i) to apply; and
106	106	(iii) The next monthly calibration appointment must be no more than thirty
107	107	(30) days from the date the person appears for the calibration, monitoring, or
108	108	inspection of their device; and
109	109	SECTION 5. Tennessee Code Annotated, Section 55-10-425(c)(2), is amended by
110	110	deleting "subsection (h)" and substituting "subsections (h) and (m)".
111	111	SECTION 6. Tennessee Code Annotated, Section 55-10-425(d)(1)(A), is amended by
112	112	deleting the subdivision and substituting:
113	113	(A) Tamper with, circumvent, or attempt to start the motor vehicle with a breath
114	114	alcohol concentration equal to or greater than the two-hundredths of one percent
115	115	(0.02%) breath alcohol concentration calibration setting required by § 55-10-417(b);
116	116	provided, however, that a person is not in violation of this subdivision (d)(1)(A) for
117	117	attempting to start the motor vehicle if a subsequent retest within ten (10) minutes shows
118	118	a breath alcohol concentration of less than two-hundredths of one percent (0.02%) and
119	119	review of the digital images associated with each test confirms that the same person
120	120	performed both tests;
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125	125	SECTION 7. Tennessee Code Annotated, Section 55-10-425(d)(1)(C), is amended by
126	126	deleting the subdivision and substituting:
127	127	(C) Fail a rolling test required by the ignition interlock device with a breath
128	128	alcohol concentration equal to or greater than two-hundredths of one percent (0.02%);
129	129	provided, however, that a person is not in violation of this subdivision (d)(1)(C) for failing
130	130	a rolling test if a subsequent retest within ten (10) minutes shows a breath alcohol
131	131	concentration of less than two-hundredths of one percent (0.02%) and review of the
132	132	digital images associated with each test confirms that the same person performed both
133	133	tests; or
134	134	SECTION 8. Tennessee Code Annotated, Section 55-10-425(d)(1)(D), is amended by
135	135	deleting "subsection (h)" and substituting "subsections (h) and (m)".
136	136	SECTION 9. Tennessee Code Annotated, Section 55-10-425(h)(2), is amended by
137	137	deleting "consecutive three-hundred-sixty-five-day period" and substituting "ignition interlock
138	138	usage period".
139	139	SECTION 10. Tennessee Code Annotated, Section 55-10-425(h)(7), is amended by
140	140	deleting "three-hundred-sixty-five-day period" and substituting "ignition interlock usage period".
141	141	SECTION 11. Tennessee Code Annotated, Section 55-10-425(h)(9)(A), is amended by
142	142	deleting "three-hundred-sixty-five-day period" and substituting "ignition interlock usage period".
143	143	SECTION 12. Tennessee Code Annotated, Section 55-10-425(h)(9)(C), is amended by
144	144	deleting the phrase "three-hundred-sixty-five-day period" and substituting "ignition interlock
145	145	usage period".
146	146	SECTION 13. Tennessee Code Annotated, Section 55-10-425(I), is amended by
147	147	deleting the subsection and substituting:
148	148	(I)
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153	153	(1) A person who is subject to § 55-10-409 or this section may petition a
154	154	court with proper jurisdiction for reinstatement of the person's driver license
155	155	under this part regardless of the date when the person first became subject to
156	156	those limitations. The court may order reinstatement of the person's driver
157	157	license if:
158	158	(A) The person is in compliance with all other requirements for
159	159	reinstatement for the offense that the interlock was required for;
160	160	(B) The person has no other revocations or suspensions on the
161	161	person's driving record; and
162	162	(C) The person's only noncompliance with the ignition interlock
163	163	requirements has been with regard to the required calibration, monitoring,
164	164	or inspection of the device. The judge must make specific findings in the
165	165	order with regard to each instance of noncompliance with the ignition
166	166	interlock requirements, including, but not limited to, noncompliance with
167	167	required calibration, monitoring, or inspection of the device or must attach
168	168	documentation from the department of safety showing that there are no
169	169	other instances of noncompliance other than required calibration,
170	170	monitoring, or inspection of the device.
171	171	(2) Upon receipt of the court order, if the person is in compliance with all
172	172	other requirements for reinstatement from the offense that resulted in the ignition
173	173	interlock being required, including payment of fees under § 55-50-303(b) and any
174	174	other applicable fees, and the person has no other revocations or suspensions
175	175	on the person's driving record, then the department shall reinstate the license.
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180	180	SECTION 14. Section 4 of this act takes effect on January 1, 2026, the public welfare
181	181	requiring it. All other sections of this act take effect upon becoming law, the public welfare
182	182	requiring it.