Bill Text: NH SB346 | 2018 | Regular Session | Enrolled


Bill Title: Relative to requiring enhanced technology ignition interlock devices.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Passed) 2018-06-04 - II. Remainder Effective 01/01/2019 [SB346 Detail]

Download: New_Hampshire-2018-SB346-Enrolled.html

SB 346 - VERSION ADOPTED BY BOTH BODIES

 

03/08/2018   0739s

2018 SESSION

18-2875

03/05

 

SENATE BILL 346

 

AN ACT relative to requiring enhanced technology ignition interlock devices.

 

SPONSORS: Sen. Birdsell, Dist 19; Sen. D'Allesandro, Dist 20; Sen. Watters, Dist 4; Sen. Carson, Dist 14; Rep. Welch, Rock. 13; Rep. Green, Rock. 13; Rep. Torosian, Rock. 14

 

COMMITTEE: Transportation

 

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AMENDED ANALYSIS

 

This bill requires that all ignition interlock devices required to be installed after the effective date of the bill be enhanced technology ignition interlock devices.  This bill also eliminates the authority of the department of safety to order installation of an ignition interlock device in DWI cases not involving alcohol.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/08/2018   0739s 18-2875

03/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to requiring enhanced technology ignition interlock devices.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Words and Phrases Defined; Enhanced Technology Interlock Device.  Amend RSA 259:28-b to read as follows:

259:28-b  Enhanced Technology Ignition Interlock Device.  "Enhanced technology ignition interlock device'' shall mean an ignition interlock device equipped with a camera and which [is capable of transmitting data as events occur] will transmit data as events occur and is capable of capturing and encoding as events occur a digital or photographic image of the vehicle driver including the time, date, and breath alcohol level of all breath attempts.  Images and data shall be stored by the manufacturer for 3 years.

2  New Paragraph; Alcohol Ignition Interlock Program.  Amend RSA 265-A:36 by inserting after paragraph IV the following new paragraph:

IV-a.  Wherever the term "alcohol ignition interlock device" or "ignition interlock device" is referred to in this chapter or in department administrative rules, it shall mean an enhanced technology ignition interlock device, as defined in RSA 259:28-b.  A device installed on or before January 1, 2019 that is not an enhanced technology ignition interlock device may, if it is recalibrated within 30 days of installation and every 60 days thereafter, continue to be operated in the vehicle in which it was installed until January 1, 2022 or such time as the vehicle is replaced with a different vehicle, whichever occurs first, at which time it shall be replaced with an enhanced technology ignition interlock device.

3  Department of Safety Authority.  Amend RSA 265-A:36-a to read as follows:

265-A:36-a  Department of Safety Authority to Order Ignition Interlock Device Installation [or Enhanced Technology Ignition Interlock Device].  The commissioner of safety may require an administrative hearing for a person whose license or driving privilege was revoked or suspended pursuant to RSA 262:19 or RSA 630:2, III, where alcohol was involved, or as the result of a conviction of any offense under RSA 265-A:2, RSA 265-A:3, or RSA 265:79-a where alcohol was involved, or RSA 630:3, II, and, upon a finding that the safety of the person and of other users of the highways would be enhanced thereby, may order the person, as a condition of restoration of his or her license or driving privilege, to install an [ignition interlock device or] enhanced technology ignition interlock device in any vehicle registered to that person or used by that person, for not less than 12 months nor more than 2 years, subject to the same conditions and prohibitions as if the interlock was ordered by a court under the provisions of this subdivision.  Where possible, the hearing shall be conducted prior to the restoration of the license or driving privilege, although such restoration shall not prevent the commissioner from requiring the hearing.

4  Alcohol Ignition Interlock Device; Recalibration.  RSA 265-A:36, VI(a) is repealed and reenacted to read as follows:

(a)  Provide recalibration of each enhanced technology ignition interlock device no less frequently than every 180 days unless otherwise ordered by the court;

5  Alcohol Ignition Interlock Device; Recalibration.  Amend RSA 265-A:36, VI(g) to read as follows:

(g)  Provide reports to the department when data specified in department rules becomes available.  The reports shall be provided no less frequently than every 60 days. The department shall make data from the reports available to the director of the division of motor vehicles, appropriate prosecutor, prosecuting agency, treatment provider, probation officer, and defense attorney by means of authorizing the interlock provider to provide these entities with secure electronic access to the data via the interlock provider's web-based portal.

6  Effective Date.  

I.  Section 4 of this act shall take effect January 1, 2022.

II.  The remainder of this act shall take effect January 1, 2019.

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