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S.F. No. 985 - Ignition Interlock Device Provisions, First Engrossment
 
Author: Senator David J. Tomassoni
 
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
 
Date: March 12, 2013



 

Section 1 amends the license plate impoundment crime in the driving while impaired (DWI) law to allow a person subject to a plate impoundment order to drive a motor vehicle that is employer-owned and not equipped with an ignition interlock device as provided in section 12 (under the 2007 pilot project), or the current permanent ignition interlock program.

Section 2 amends the DWI law’s implied consent provision to provide that when a peace officer has probable cause to believe a person has committed a DWI-related criminal vehicular operation (CVO) violation, the officer is not required to give the implied consent advisory if the officer is not pursuing an implied consent revocation.

Section 3 provides that a person whose driver’s license has been revoked or suspended for a DWI-related CVO offense is not eligible for reinstatement of driving privileges, until the person has submitted to the commissioner of public safety verification of the use of an ignition interlock device for the applicable time period specified in the bill.

Section 4 specifies the driver’s license revocation periods for DWI-related CVO convictions. The revocation periods range from two years to ten years depending on the specific circumstances of the offense.

Section 5 requires the commissioner of public safety to suspend the driver’s licenses of persons (1) for whom a peace officer has made the certification described in section 11(i.e., that probable cause exists to believe the person committed a DWI-related CVO offense), or (2) formally charged with a first or second-degree manslaughter offense or a CVO offense (regardless of whether it was DWI-related), resulting from the operation of a motor vehicle.  Provides that a suspension continues until the underlying criminal charge has been resolved or terminated by the commissioner. Provides that if a person whose driver’s license is suspended is later convicted of the underlying offense, the person receives credit for the suspension period towards the revocation period. Provides for administrative review of a suspension.

Section 6 amends the limited driver’s license law to provide a cross-reference to the new suspension language in section 5.

Section 7 amends the limited driver’s license law to provide that the one-year waiting period for a limited license for CVO offenses applies only to non DWI-related CVO offenses.

Section 8 amends the limited driver’s license law to prohibit a limited license from being issued to a person whose driver’s license was suspended or revoked for a DWI-related CVO offense.

Sections 9 and 10 amend the ignition interlock law to include a person whose driver’s license was suspended or revoked for a DWI-related CVO.

Section 11 requires a peace officer to notify the commissioner of public safety if the officer makes a determination that probable cause exists to believe that a person has violated the DWI-related CVO law (this notification triggers a driver’s license suspension under section 5).

Section 12 authorizes a person participating in the 2007 ignition interlock device pilot project to drive an employer-owned vehicle not equipped with an interlock device while in the normal course and scope of employment duties with the employer’s written consent. A cross-reference is made to the current ignition interlock device law to ensure that the same standards would apply under this section as would apply to offenders participating in the current program.

Section 13 repeals two Department of Public Safety rules relating to the suspension and revocation of driver’s licenses for CVO offenses. The revocation and suspension provisions being repealed are now addressed in statute in this bill.

 

KPB/tg

 
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