AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES (Clarifies that a magistrate or sentencing judge sitting in a court with jurisdiction over motor vehicle offenses has the discretion to grant a conditional hardship license for a first-time offender upon request.)

S2708

2026 -- S 2708
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LC005318
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

Introduced By:
Senators Bissaillon, Burke, and Dimitri

Date Introduced:
February 27, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 31-27-2.8 of the General Laws in Chapter 31-27 entitled "Motor
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Vehicle Offenses" is hereby amended to read as follows:
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31-27-2.8. Ignition interlock system and/or blood and urine testing imposed as a part
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of sentence — Requirements.
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(a) Any person subject to suspension pursuant to §§ 31-27-2.1(b)(1) and 31-27-2.1(b)(2)
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or convicted under the provisions of § 31-27-2(d)(1), § 31-27-2(d)(2), § 31-27-2(d)(3)(i), or § 31-
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27-2(d)(3)(ii), or whose violation is sustained under the provisions of §§ 31-27-2.1(b)(1) and 31-
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27-2.1(b)(2), may be prohibited by the sentencing judge or magistrate from operating a motor
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vehicle that is not equipped with an ignition interlock system, and/or blood and urine testing by a
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licensed physician with knowledge and clinical experience in the diagnosis and treatment of drug-
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related disorders, a licensed or certified psychologist, social worker, or EAP professional with like
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knowledge, or a substance abuse counselor certified by the National Association of Alcohol and
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Drug Abuse Counselors (all of whom shall be licensed in Rhode Island), pursuant to this section.
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(1) Notwithstanding any other sentencing and disposition provisions contained in this
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chapter, if a Rhode Island traffic tribunal magistrate
or sentencing judge
makes a finding that a
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motorist was operating a vehicle in the state while under the influence of drugs, toluene, or any
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controlled substance as evidenced by the presence of controlled substances on or about the person
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or vehicle, or other reliable indicia or articulable conditions thereof, but not intoxicating liquor
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based on a preliminary breath test, results from a breathalyzer that indicates no blood alcohol

1
concentration or both, the magistrate
or sentencing judge
may exercise his or her discretion and
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eliminate the requirement of an ignition interlock system; provided, that blood and/or urine testing
3
is mandated as a condition to operating a motor vehicle as provided in this section.
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(2) Notwithstanding any other sentencing and disposition provisions contained in this
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chapter, if a Rhode Island traffic tribunal magistrate
or sentencing judge
makes a finding that a
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motorist was operating a vehicle in the state while under the influence of drugs, toluene, or any
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controlled substance as evidenced by the presence of controlled substances on or about the person
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or vehicle, or other reliable indicia or articulable conditions thereof and intoxicating liquor based
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on a preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration
10
or both, the magistrate
or sentencing judge
may require an ignition interlock system in addition to
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blood and/or urine testing as a condition to operating a motor vehicle as provided in this section.
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(b) Notwithstanding any other provisions contained in this chapter, any mandatory period
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of license suspension shall, upon request, be reduced by the imposition of an ignition interlock
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system and/or blood and urine testing ordered by the court or traffic tribunal as follows:
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(1) For a violation of § 31-27-2(d)(1), a person shall be subject to a minimum thirty-day
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(30) license suspension and an imposition of an ignition interlock system and/or blood and urine
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testing for three (3) months to one year.
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(2) For a violation of § 31-27-2.1(c)(1), a person shall be subject to a minimum thirty-day
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(30) license suspension and an imposition of an ignition interlock system and/or blood and urine
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testing for a period of six (6) months to two (2) years.
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(3) For a violation of § 31-27-2(d)(2), a person shall be subject to a minimum forty-five-
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day (45) license suspension and an imposition of an ignition interlock system and/or blood and
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urine testing for a period of six (6) months to two (2) years.
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(4) For a violation of § 31-27-2.1(c)(2), a person shall be subject to a minimum sixty-day
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(60) license suspension and an imposition of an ignition interlock system and/or blood and urine
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testing for a period of one to four (4) years.
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(5) For a violation of § 31-27-2(d)(3), a person shall be subject to a minimum sixty-day
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(60) license suspension and imposition of an ignition interlock system and/or blood and urine
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testing for a period of one to four (4) years.
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(6) For a violation of § 31-27-2.1(c)(3), a person shall be subject to a minimum ninety-day
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(90) license suspension and imposition of an ignition interlock system and/or blood and urine
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testing for a period of two (2) to ten (10) years.
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(7) No license suspension shall be subject to more than a thirty-day (30) license suspension
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based solely upon the imposition of an ignition interlock system.

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(i) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or upon
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an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or determination
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that the motorist was under the influence of intoxicating liquor only, the magistrate
or sentencing
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judge
shall, upon request, immediately grant a conditional hardship license after a finding of need
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pursuant to this section and upon proof of the installation of an ignition interlock device.
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(ii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or
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upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or
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determination that the motorist was under the influence of drugs, toluene, or a controlled substance,
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but not intoxicating liquor, the
sentencing
judge or magistrate shall, upon request immediately grant
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a conditional hardship license after a finding of need pursuant to this section and upon proof of
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blood and urine testing pursuant to this section.
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(iii) If a conviction pursuant to § 31-27-2(d)(1) or § 31-27-2.1(c)(1) is a first offense, or
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upon an initial suspension pursuant to § 31-27-2.1(b)(1), where there has been a finding or
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determination that the motorist was under the influence of intoxicating liquor, toluene, a controlled
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substance, or any combination thereof, the magistrate
or sentencing judge
shall, upon request
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immediately grant a conditional hardship license after a finding of need pursuant to this section and
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upon proof of the installation of an ignition interlock device, subject also to the following testing:
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(A) The testing of either blood or urine is being performed by or monitored by a licensed
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physician with knowledge and clinical experience in the diagnosis and treatment of drug-related
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disorders, a licensed or certified psychologist, social worker, or EAP professional with like
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knowledge, or a substance abuse counselor certified by the National Association of Alcohol and
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Drug Abuse Counselors (all of whom shall be licensed in Rhode Island).
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(B) The motorist is required to pay for the substance abuse professional, any testing,
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retesting, monitoring, and reporting costs of the blood and urine testing.
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(C) Samples are to be collected, tested and confirmed by a federally certified laboratory by
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means of gas chromatography/mass spectrometry or technology recognized as being at least as
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scientifically accurate.
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(D) Samples are to be taken weekly for the first sixty (60) days, thereafter in accordance
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with the recommendation of the substance abuse professional. The samples taken thereafter may
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be ordered randomly, but must be provided by the motorist within twenty-four (24) hours of the
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request. The substance abuse professional shall report to the department of the attorney general
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within twenty-four (24) hours any failure by the motorist to comply with a request for a sample.
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(E) A positive test of urine or blood that evidences any controlled substances shall be
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reported by the substance abuse professional to the motorist and to the department of the attorney

LC005318 - Page 3 of 7
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general within twenty-four (24) hours of receipt of the results. The motorist may, at his or her own
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expense, have an opportunity to have the sample retested or reevaluated by an independent testing
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facility which shall provide the result directly to the substance abuse professional. The attorney
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general may request, at any time, a copy of any or all test results from the substance abuse
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professional, who shall forward the requested results within forty-eight (48) hours.
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(F) Upon completion of the license suspension, conditional hardship, ignition interlock and
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substance abuse testing periods, a finalized report shall be presented to the department of motor
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vehicles prior to any license reinstatement.
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(G) If a judge or magistrate determines that a motorist either failed, without good cause, to
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comply with a sample request or tested positive for any controlled substance, he or she may exercise
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his or her discretion and revoke the conditional hardship license, extend the time period for the
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ignition interlock system and/or substance abuse testing for an additional period of up to twelve
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(12) months and/or impose an additional loss of license for up to twenty-four (24) months.
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(H) A motorist who has failed, without good cause, to comply with a sample request or
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tested positive for any controlled substance for a second time within twelve (12) months of the first
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failure and/or positive test determination shall be guilty of a misdemeanor punishable by up to one
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year imprisonment, or a fine of up to one thousand dollars ($1,000), or both.
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(c) However, in any case where a motorist
is convicted of an

has a prior
alcohol-related
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offense pursuant to the provisions of this chapter, the
sentencing
judge or magistrate may exercise
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his or her discretion in the granting of the hardship license by imposing up to a
ninety (90)

sixty
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(60)
day loss of license prior to any imposition of the hardship license. The hardship license shall
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be valid for twelve (12) continuous hours per day for any valid reason approved in advance by the
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sentencing judge or magistrate, which shall include employment, medical appointments, job
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training, schooling, or religious purposes. The hardship license shall not be for less than twelve
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(12) continuous hours per day. A hardship license shall only be granted in conjunction with the
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installation of an ignition interlock device and/or blood and urine testing. Any conditional driving
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privileges must be set by the sentencing judge or magistrate after a hearing in which the motorist
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must provide proof of employment status and hours of employment, or any other legitimate reasons
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justifying a hardship license. These shall include, but not be limited to, any unemployment training,
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schooling, medical appointments, therapy treatments, or any other valid requests set forth by sworn
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affidavit. Once said hardship period has concluded, the motorist must still be subject to the
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conditions of the ignition interlock system and/or blood and urine testing as set forth under this
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section for the period of time as directed by the court. Any individual who violates the requirements
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of this subsection shall be subject to the penalties enumerated in § 31-11-18.1.

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(d) Any person convicted of an offense of driving under the influence of liquor or drugs
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resulting in death, § 31-27-2.2; driving under the influence of liquor or drugs resulting in serious
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bodily injury, § 31-27-2.6; driving to endanger resulting in death, § 31-27-1; or driving to endanger
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resulting in serious bodily injury, § 31-27-1.1; may, in addition to any other penalties provided by
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law, be prohibited from operating a motor vehicle that is not equipped with an approved ignition
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interlock system and/or blood and urine testing for one to five (5) years.
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(e) Any person who operates a motor vehicle with a suspended license during the period
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of suspension, and the reason for the suspension was due to a conviction of driving under the
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influence of drugs or alcohol or a sustained violation or conviction of refusal to submit to a chemical
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test, shall be subject to the further use of the ignition interlock system and/or blood and urine testing
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for a period of six (6) months subsequent to the penalties enumerated in § 31-11-18.1.
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(f) When the court orders the use of an ignition interlock system, the
sentencing
judge or
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magistrate shall cause an appropriate notation to be made on the person’s record that clearly sets
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forth the requirement for, and the period of the use of, the ignition interlock system.
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(g) In addition to the requirements of subsection (f) of this section, the court or traffic
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tribunal shall:
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(1) Require proof of the installation of the ignition interlock system and periodic reporting
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by the person for the purpose of verification of the proper operation of the ignition interlock system;
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(2) Require the person to have the ignition interlock system monitored for the proper use
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and accuracy by a person, firm, corporation, or other association to be approved by the division of
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motor vehicles at least once every six (6) months, or more frequently as the circumstances may
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require; and
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(3) Require the person to pay the reasonable cost of leasing or buying, monitoring, and
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maintenance of the ignition interlock system.
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(4) The requirements under subsection (g) of this section shall be the responsibility of the
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probation department or justice assistance, if the individual is under their control, or the division of
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motor vehicles if the individual is not monitored as a condition of the individual’s plea or finding
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of guilt.
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(h) Any person granted a conditional hardship license upon proof of installation of an
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ignition interlock device, may operate that motor vehicle during the entire twelve-hour (12) period
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of operation granted by the sentencing judge or magistrate including during the scope of the
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person’s employment and/or any other valid reason approved by the sentencing judge or magistrate.
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(i) If a person is required, in the course of the person’s employment, to operate a motor
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vehicle owned or provided by the person’s employer, the person may operate that motor vehicle in

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the course of the person’s employment without installation of an ignition interlock system if the
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court makes specific findings expressly permitting the person to operate, in the course of the
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person’s employment, a motor vehicle that is not equipped with an ignition interlock system.
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(j)(1) Any person subject to an ignition interlock order and/or blood and urine testing who
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violates such order shall be guilty of a misdemeanor punishable by up to one year imprisonment,
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or a fine of up to one thousand dollars ($1,000), or both.
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(2) For a second violation within six (6) months from entry of the order, the person
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violating the order shall be imprisoned for a term of not less than ten (10) days and not more than
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one year.
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(k) For the purposes of this subsection, a violation of the interlock order, includes, but is
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not limited to:
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(1) Altering, tampering, or in any way attempting to circumvent the operation of an ignition
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interlock system that has been installed in the motor vehicle of a person under this section;
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(2) Operating a motor vehicle that is not equipped with an ignition interlock system; or
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(3) Soliciting or attempting to have another person start a motor vehicle equipped with an
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ignition interlock system for the purpose of providing an operable motor vehicle to a person who
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is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system.
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(l) Any person who attempts to start, or starts, a motor vehicle equipped with an ignition
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interlock system, tampers with, or in any way attempts to circumvent, the operation of an ignition
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interlock system that has been installed in the motor vehicle for the purpose of providing an
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operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not
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equipped with an ignition interlock system, shall be guilty of a misdemeanor punishable by up to
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one year imprisonment or a fine of up to one thousand dollars ($1,000), or both.
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SECTION 2. This act shall take effect upon passage.
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LC005318
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES
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This act would clarify that a magistrate or sentencing judge sitting in a court with
2
jurisdiction over motor vehicle offenses has discretion to grant a conditional hardship license for a
3
first-time offender upon request and would allow a magistrate or sentencing judge discretion in
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issuing conditional hardship licenses by imposing a sixty (60) day mandatory loss of license prior
5
to any imposition of the hardship license to individuals with prior offenses under this chapter.
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This act would take effect upon passage.
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