House Bill 591-Second Edition

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H 2

HOUSE BILL 591

Committee Substitute Favorable 6/1/11

Short Title: LDP/Ignition Interlock Changes.		(Public)
Sponsors:
Referred to:

April 5, 2011

A BILL TO BE ENTITLED

AN ACT to authorize a limited driving privilege with an ignition interlock requirement for first-time dwi offenders with a refusal revocation, to authorize a limited driving privilege for certain eighteen-, nineteen-, and twenty-year-olds, to make tampering with an ignition interlock system an unlawful act, and to provide for the payment of an administrative fee and costs associated with an ignition interlock system and create an Ignition Interlock Device Fund to assist indigent persons.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 20-16.2(e1) reads as rewritten:

"(e1) Limited Driving Privilege after Six Months in Certain Instances. - A person whose driver's license has been revoked under this section may apply for and a judge authorized to do so by this subsection may issue a limited driving privilege if:

(1) At the time of the refusal the person held either a valid drivers license or a license that had been expired for less than one year;

(2) At the time of the refusal, the person had not within the preceding seven years been convicted of an offense involving impaired driving;

(3) At the time of the refusal, the person had not in the preceding seven years willfully refused to submit to a chemical analysis under this section;

(4) The implied consent offense charged did not involve death or critical injury to another person;

(5) The underlying charge for which the defendant was requested to submit to a chemical analysis has been finally disposed of:

a. Other than by conviction; or

b. By a conviction of impaired driving under G.S. 20-138.1, at a punishment level authorizing issuance of a limited driving privilege under G.S. 20-179.3(b), and the defendant has complied with at least one of the mandatory conditions of probation listed for the punishment level under which the defendant was sentenced;

(6) Subsequent to the refusal the person has had no unresolved pending charges for or additional convictions of an offense involving impaired driving;

(7) The person's license has been revoked for at least six months for the ~~refusal;~~refusal or the person has been issued a limited driving privilege issued pursuant to subsection (e2) of this section; and

(8) The person has obtained a substance abuse assessment from a mental health facility and successfully completed any recommended training or treatment program.

Except as modified in this subsection, the provisions of G.S. 20-179.3 relating to the procedure for application and conduct of the hearing and the restrictions required or authorized to be included in the limited driving privilege apply to applications under this subsection. If the case was finally disposed of in the district court, the hearing shall be conducted in the district court district as defined in G.S. 7A-133 in which the refusal occurred by a district court judge. If the case was finally disposed of in the superior court, the hearing shall be conducted in the superior court district or set of districts as defined in G.S. 7A-41.1 in which the refusal occurred by a superior court judge. A limited driving privilege issued under this section authorizes a person to drive if the person's license is revoked solely under this section or solely under this section and G.S. 20-17(2). If the person's license is revoked for any other reason, the limited driving privilege is invalid."

SECTION 2. G.S. 20-16.2 is amended by adding a new subsection to read:

"(e2) Limited Driving Privilege for First Offenders in Certain Instances. - A person whose drivers license has been revoked under this section may apply for, and a judge authorized to do so by this subsection may issue, a limited driving privilege if:

(1) At the time of the refusal, the person held either a valid drivers license or a license that had been expired for less than one year.

(2) At the time of the refusal, the person had never been convicted of an offense involving impaired driving.

(3) At the time of the refusal, the person had never willfully refused to submit to a chemical analysis under this section.

(4) The implied consent offense charged did not involve death or critical injury to another person.

(5) The underlying charge for which the defendant was requested to submit to a chemical analysis is still pending before the district or superior court.

(6) Subsequent to the refusal, the person has had no unresolved pending charges for or additional convictions of an offense involving impaired driving.

(7) The person has completed any period of revocation required pursuant to G.S. 20-16.5.

(8) The person has obtained a substance abuse assessment from a mental health facility and successfully completed any recommended training or treatment program.

(9) The limited driving privilege issued includes all of the following:

a. A restriction that the applicant may operate only a designated motor vehicle.

b. A requirement that the designated motor vehicle be equipped with a functioning ignition interlock system of a type approved by the Commissioner, which is set to prohibit driving with an alcohol concentration of greater than 0.00.

c. A requirement that the applicant personally activate the ignition interlock system before driving the motor vehicle.

Except as modified in this subsection, the provisions of G.S. 20-179.3 relating to the procedure for application and conduct of the hearing and the restrictions required or authorized to be included in the limited driving privilege apply to applications under this subsection. If the underlying charge is pending in district court, the hearing shall be conducted by a district court judge in the district court district in which the underlying charge is pending. If the underlying charge is pending in superior court, the hearing shall be conducted by a superior court judge in the superior court district in which the underlying charge is pending. A limited driving privilege issued under this subsection authorizes a person to drive if the person's license is revoked solely under this section. If the person's license is revoked for any other reason, the limited driving privilege is invalid. A limited driving privilege issued under this subsection terminates upon final disposition of the underlying charge for which the defendant was requested to submit to a chemical analysis."

SECTION 3. G.S. 20-179.3(b) reads as rewritten:

"(b) Eligibility. -

(1) A person convicted of the offense of impaired driving under G.S. 20-138.1 is eligible for a limited driving privilege if:

a. At the time of the offense he held either a valid driver's license or a license that had been expired for less than one year;

b. At the time of the offense he had not within the preceding seven years been convicted of an offense involving impaired driving;

c. Punishment Level Three, Four, or Five was imposed for the offense of impaired driving;

d. Subsequent to the offense he has not been convicted of, or had an unresolved charge lodged against him for, an offense involving impaired driving; and

e. The person has obtained and filed with the court a substance abuse assessment of the type required by G.S. 20-17.6 for the restoration of a drivers license.

A person whose North Carolina driver's license is revoked because of a conviction in another jurisdiction substantially similar to impaired driving under G.S. 20-138.1 is eligible for a limited driving privilege if he would be eligible for it had the conviction occurred in North Carolina. A person who is 18, 19, or 20 years of age is eligible for a limited driving privilege under this section unless the person has a prior conviction under G.S. 20-138.1. Eligibility for a limited driving privilege following a revocation under G.S. 20-16.2(d) is governed by ~~G.S. 20-16.2(e1).~~G.S. 20-16.2(e1) and (e2)."

SECTION 4. G.S. 20-179.3(e) reads as rewritten:

"(e) Limited Basis for and Effect of Privilege. - A limited driving privilege issued under this section authorizes a person to drive if his license is revoked solely under ~~G.S. 20-17(a)(2)~~G.S. 20-17(a)(2), solely under G.S. 20-17(a)(2) and G.S. 20-13.2(b), or as a result of a conviction in another jurisdiction substantially similar to impaired driving under ~~G.S. 20-138.1; if~~G.S. 20-138.1. If the person's license is revoked under any other statute, the limited driving privilege is invalid."

SECTION 5. Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:

"§ 20-17.8B. Tampering with ignition interlock systems.

Any person who tampers with, circumvents, or attempts to circumvent an ignition interlock device required to be installed on a motor vehicle pursuant to judicial order, statute, or as may be otherwise required as a condition for an individual to operate a motor vehicle, for the purpose of avoiding or altering testing on the ignition interlock device in the operation or attempted operation of a vehicle, or altering the testing results received or results in the process of being received on the ignition interlock device, is guilty of a Class 1 misdemeanor. Each act of tampering, circumvention, or attempted circumvention under this statute shall constitute a separate violation."

SECTION 6. Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:

"§ 20-179.5. Ignition interlock; administrative fee and costs for installation and monitoring; Ignition Interlock Device Fund.

(a) The costs incurred in order to comply with the ignition interlock requirements imposed by the court pursuant to this Article, including costs for installation and monitoring of the ignition interlock system, shall be paid by the person ordered to install the system. The person also shall pay an ignition interlock administrative fee, in an amount which shall be determined by the Division and which shall be not less than thirty dollars ($30.00) nor more than sixty dollars ($60.00). The administrative fee shall be collected at the time of installation by the vendor installing the ignition interlock system. Costs for installation and monitoring of the ignition interlock system shall be collected under terms agreed upon by the vendor and the person required to install the ignition interlock system.

(b) The vendor shall remit fees collected pursuant to subsection (a) of this section to the Division on a quarterly basis. Fifty percent (50%) of the fees collected shall be used to pay costs incurred by the Division in administering the interlock program; the remaining fifty percent (50%) of the fees shall be deposited in the Ignition Interlock Device Fund.

(c) There is created in the Department of Transportation the Ignition Interlock Device Fund to be used for the purpose of installing and removing the ignition interlock systems of persons deemed by the court to be indigent. If the court determines that the convicted person is unable to pay for the installation of an ignition interlock system, the court may order that the Division pay the cost of installation out of the Ignition Interlock Device Fund, provided the person agrees to pay the required costs for monitoring the system."

SECTION 7. Section 6 of this act becomes effective December 1, 2012. The remainder of this act becomes effective December 1, 2012, and applies to offenses committed on or after that date and to limited driving privileges issued and drivers licenses restored on or after that date.