Bill Text: DE HB212 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 21 Of The Delaware Code Relating To Driver’s Licenses, Driving Under The Influence And Ignition Interlock Device Requirements.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2014-06-30 - HS 1 for HB 212 - Passed by Senate. Votes: Passed 20 YES 1 NO 0 NOT VOTING 0 ABSENT 0 VACANT [HB212 Detail]
Download: Delaware-2013-HB212-Draft.html
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SPONSOR: |
Rep. Keeley & Rep. Smyk & Sen. McBride |
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Reps. Mitchell, Ramone, D. Short, M. Smith, Walker, Wilson; Sens. Cloutier, Hocker, Lawson, Lopez, Peterson, Pettyjohn, Simpson, Venables |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 212 |
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AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVER'S LICENSES, DRIVING UNDER THE INFLUENCE AND IGNITION INTERLOCK DEVICE REQUIREMENTS. |
Section 1.Amend §2742(d), Title 21 of the Delaware Code by making the insertions shown by underlining and deletions shown by strikethrough as follows:
(d) No revocation under subsection (b)
or (c) of this section is effective until the Secretary or a police officer or
other person acting on the Secretary's behalf notifies the person of revocation
and allows the person a 15-day period to request of the Secretary in writing a
hearing as herein provided. If no request is filed in writing with the Division
of Motor Vehicles within the 15-day period, the order of revocation becomes
effective. If a request for a hearing is filed, a revocation is not effective
until the final decision of the hearing officer resulting in a decision adverse
to the person. Notwithstanding the foregoing provisions of this section, if
no request is filed within the 15-day period, but the person has entered the
FOE-IID Diversion pursuant to §4177B(g) of this title, no revocation herein
imposed shall be inconsistent with any revocation imposed by participation in
the FOE-IID Diversion.
Section 2.Amend §4177(e), Title 21 of the Delaware Code by making such insertions as shown by underlining and deletions as shown by strikethrough follows:
(e) In addition to any penalty for a
violation of subsection (a) of this section, the court shall, for any
individual with an alcohol concentration of .15 or more or who refused a
chemical test, prohibit the person convicted from operating any motor
vehicle unless such motor vehicle is equipped with a functioning ignition
interlock device; the terms of installation of the device and licensing of the
individual to drive shall be as set forth in §4177C and §4177F of this
title. A person who is prohibited from operating any motor vehicle unless such
motor vehicle is equipped with a functioning ignition interlock device under
this title at the time of an offense under subsection (a) of this section
shall, in addition to any other penalties provided under law, pay a fine of
$2,000 and be imprisoned for 60 days.
Section 3.Amend §4177A, Title 21 of the Delaware Code by making such insertions as shown by underlining follows:
§4177A. Revocation of license for violation of §4177.
(a) The Secretary shall forthwith revoke the driver's license and/or driving privileges of any person convicted of a violation of §4177 of this title or any offense under the laws of any state or of the United States or local jurisdiction or the District of Columbia which prohibits driving under the influence of alcohol or drugs. Such revocation shall be for a period of:
(1) First offense -- 12 months; except that if the offender's blood alcohol concentration was between .15 -- .19 the revocation period shall be 18 months, or if the offender's blood alcohol concentration was .20 or greater or the offender refused a chemical test, the period of revocation shall be 24 months.
(2) Second offense -- 18 months; except that if the offender's blood alcohol concentration was between .15-.19 the revocation period shall be 24 months, or if the offender's blood alcohol concentration was .20 or greater, or the offender has refused a chemical test, the revocation period shall be 30 months.
(3) Third offense -- 24 months; except that if the offender's blood alcohol concentration was between .15-.19 the revocation period shall be 30 months, or if the offender's blood alcohol concentration was .20 or greater, or the offender has refused a chemical test, the revocation period shall be 36 months.
(4) Fourth or further subsequent offenses -- 60 months regardless of the blood alcohol concentration.
(b) Any person sentenced under subsection (d) of §4177 of this title shall have the person's driver's license and/or driving privileges revoked by the Secretary until the person has satisfactorily completed a program established pursuant to §4177D of this title and complied with the ignition interlock device requirements set forth in §§4177C and 4177F of this title.
(c) The Secretary shall have power and authority to refuse to issue a driver's license to any individual whose driver's license or driving privilege was revoked pursuant to this section until such person has satisfied the Secretary that the person has been of good behavior for the entire period of the revocation and until the person has complied with all applicable provisions of this section. If the Secretary refuses to issue a driver's license after the period of revocation has ended and after all fines and/or fees are paid, the applicant may appeal to the Superior Court of the county of residence.
Section 4.Amend §4177B, Title 21 of the Delaware Code by making deletions as shown by strikethrough follows:
§4177B. First offenders; election in lieu of trial.
(a) Any person who:
(1) Has never had a previous or prior conviction or offense as defined in paragraph (e)(1) of this section;
(2) Had not accumulated 3 or more moving violations within 2 years of the date of the offense in question on the person's driving record according to the records of the Division of Motor Vehicles of the person's state of residence; and
(3) Was not, with respect to the offense in question, involved in an accident resulting in injury to any person other than the person's own self; and
(4) Did not have an alleged alcohol concentration of .15 or more at the time of driving or within 4 hours of driving;
(5) Was not driving without a valid license or under a suspended or revoked license at the time of the offense in question; and
(6) Is not subject to the enhanced penalties of §4177(d)(10) of this title for carrying a child on or within that person's vehicle while driving under the influence;
may qualify for the first
offense election at the time of arraignment. The court, without entering a
judgment of guilt and with the consent of the accused, may defer further
proceedings and shall place the accused on probation upon terms and conditions,
including enrollment in a course of instruction or program of rehabilitation established
pursuant to §4177D of this title. If the accused elects to apply, the
application shall constitute a waiver of the right to speedy trial. If the
person elects not to apply, or if is not accepted, the person shall promptly be
arraigned for a violation of §4177 of this title. If a person applies for or
accepts the first offense election under this section, such act shall
constitute agreement to pay the costs of prosecution for the case, and the
court shall assess such costs and impose them as a condition of probation. If a
person accepts the first offense election under this section, such action shall
constitute a waiver of the right to an administrative hearing as provided for
in §2742 of this title and shall act to withdraw any request previously made
therefor. If a person accepts the first offense election under this section,
and the person has taken a chemical test pursuant to §2741 of this title, such
person may also elect at that time to participate in the First Offense Election
-- Ignition Interlock Device Diversion described in subsection (g) of this
section. For the purposes of this section, costs of prosecution shall be
$250 and any additional costs as established by the appropriate court
schedules; and
(b) If a term or condition of probation is violated, including failure to appear for evaluation at an assigned evaluating agency, the person shall be brought before the court, or if the person fails to appear before the court, in either case, upon a determination by the court that the terms have been violated, the court shall enter an adjudication of guilt and proceed as otherwise provided under §4177 of this title.
(c) Upon fulfillment of the terms and conditions of probation, including satisfactory completion of the course of instruction and/or program of rehabilitation, and payment of all fees, the court shall discharge the person and the proceedings against the person and shall simultaneously with said discharge and dismissal submit to the Division of Motor Vehicles a written report specifying the name of the person and the nature of the proceedings against the person which report shall be retained by the Division of Motor Vehicles for further proceedings, if required.
(d) The driver's license and/or driving privileges of a person applying for enrollment in an education or rehabilitation program pursuant to subsection (a) of this section shall forthwith be revoked by the Secretary for a period of 1 year. If the person is accepted into the education or rehabilitation program the period of revocation shall be for 1 year from the date of the initial revocation. If the person is not accepted for enrollment, or if the person is found by the court to be in violation of the terms of enrollment, the revocation under this section shall continue until sentence is imposed. This revocation shall not be concurrent with or part of any period of revocation established under any other provisions of this subchapter and shall be effective as of the date of sentencing for a period of 1 year.
(e)(1) Prior or previous conviction or offense. -- For purposes of §§2742, 4177 and 4177B of this title the provisions of §4215A of Title 11 shall not be applicable but instead the following shall constitute a prior or previous conviction or offense:
a. A conviction or other adjudication of guilt or delinquency pursuant to § 4175(b) or §4177 of this title, or a similar statute of any state or local jurisdiction, any federal or military reservation or the District of Columbia;
b. A conviction or other adjudication of guilt or delinquency under a criminal statute encompassing death or injury caused to another person by the person's driving where driving under the influence or with a prohibited alcohol concentration was an element of the offense, whether such conviction was pursuant to a provision of this Code or the law of any state, local jurisdiction, any federal or military reservation or the District of Columbia;
c. Participation in a course of instruction or program of rehabilitation or education pursuant to §4175(b), §4177 or §4177B of this title, or a similar statute of any state, local jurisdiction, any federal or military reservation or the District of Columbia, regardless of the existence or validity of any accompanying attendant plea or adjudication of guilt;
d. A conditional adjudication of guilt, any court order, or any agreement sanctioned by a court requiring or permitting a person to apply for, enroll in or otherwise accept first offender treatment or any other diversionary program under this section or a similar statute of any state, local jurisdiction, any federal or military reservation or the District of Columbia.
(2) Time limitations. -- For the purpose of determining the applicability of enhanced penalties pursuant to § 4177 of this title, the time limitations on use of prior or previous convictions or offenses as defined by this subsection shall be:
a. For sentencing pursuant to §4177(d)(2) of this title, the second offense must have occurred within 10 years of a prior offense;
b. For sentencing pursuant to §4177(d)(3), (d)(4), (d)(5), (d)(6), (d)(7), (d)(8) or (d)(9) of this title there shall be no time limitation and all prior or previous convictions or offenses as defined in paragraph (e)(1) of this section shall be considered for sentencing.
c. For any subsection that does not have a time limitation prescribed, all prior or previous convictions or offenses as defined in paragraph (e)(1) of this section shall be considered.
(3) Computation of time limitations. -- For the purpose of computing the periods of time set out in § 2742, §4177 or §4177B of this title, the period shall run from the date of the commission of the prior or previous offense to the date of the commission of the charged offense. However, in any case in which the prior offense is defined in subparagraph (1)c. or (1)d. of this subsection, the date of the driving incident which caused the adjudication or program participation shall be the date of the prior or previous offense.
(4) Separate and distinct offenses. -- For the purpose of determining the applicability of enhanced penalties pursuant to §4177 of this title, prior or previous convictions or offenses used to determine eligibility for such enhanced penalties must be separate and distinct offenses; that is, each must be successive to the other with some period of time having elapsed between sentencing or adjudication for an earlier offense or conviction and the commission of the offense resulting in a subsequent conviction.
(5) Challenges to use of prior offenses. -- In any proceeding under §2742, §4177 or §4177B of this title, a person may not challenge the validity of any prior or previous conviction, unless that person first successfully challenges the prior or previous conviction in the court in which the conviction arose and provides written notice of the specific nature of the challenge in the present proceeding to the prosecution at least 20 days before trial.
(f) The Attorney General may move the sentencing court to apply this section to any person who would otherwise be disqualified from consideration under this section because of the applicability of:
(1) Paragraph (a)(1) of this section, if any prior offense as defined in subsection (e) of this section is not within 10 years of the offense for which the person is being sentenced; or
(2) Paragraphs (a)(2), (a)(3), (a)(5) and (a)(6) of this section.
(3) Paragraph (a)(4) of this
section. -- However, if a person has a blood alcohol concentration of .15 or
greater, §4177C(c) of this title shall apply. A person with a blood alcohol
concentration of .15 or greater shall not be permitted to participate in the
FOE-IID program pursuant to §4177B(g) of this title.
In the event of such a motion by the Attorney General, the court may in its discretion apply the terms of this section to that person.
(g) First Offense Election --
Ignition Interlock Device Diversion. -- If a person accepts the first offense
election under this section, such person may also elect at that time to
participate in the First Offense Election -- Ignition Interlock Device
(FOE-IID) Diversion as part of that person's probation. If a person elects to
participate in the FOE-IID Diversion, such act shall constitute an agreement to
all terms and conditions contained in the Ignition Interlock Device Program set
forth in §4177F of this title and the participant shall waive the right to an
administrative hearing as provided for in §2742 of this title or shall
withdraw any request previously made therefor. Failure to comply with any part
of this section or §4177F of this title shall be considered a violation of the
participant's probation for the purposes of subsection (b) of this section.
Section 5.Amend §4177C, Title 21 of the Delaware Code by making such insertions as shown by underlining and deletions as shown by strikethrough follows:
§4177C.Ignition interlock licenses Conditional;
reinstatement of license.
(a) Any person
who, as a first offender, is enrolled in a course of instruction and/or program
of rehabilitation pursuant to §4177B of this title shall be permitted to apply
for a conditional license under the following terms:
(1)
Satisfactory completion of at least 16 hours of instruction and/or
rehabilitation;
(2)
Payment of all fees under the schedule adopted by the Secretary;
(3)
Three months have elapsed since the effective date of revocation.
(b)(a)
Any person who, as a first offender is enrolled in a course of instruction or
program of rehabilitation pursuant to §§4177B and 4177D of this title shall be
permitted to apply for an ignition interlock license under the following
terms: eligible to apply for an ignition interlock device license under
the following terms:
(1) a. At least 1 month has elapsed since the effective date of the revocation if theperson's blood alcohol concentration was below .15; or
b.At least 45 days have elapsed since the effective date of the revocation if the
person's blood alcohol concentration was .15 or greater or the person refused a chemical test.
(2) All licenses have been surrendered to the Division of Motor Vehicles prior to issuance of the IID [ignition interlock device] license.
(3) The person has installed an ignition interlock device in all vehicles registered in the person's name, or on a vehicle owned by another person if there are no vehicles registered in the name of the offender prior to issuance of the IID [ignition interlock device] license.
(b) Any
person who, as a first offender with a blood alcohol concentration of .15 or
greater or a first offender who refused a chemical test, has been permitted to
participate in the first offender's election pursuant to §4177B of this title,
and is enrolled in a course of instruction and/or program of rehabilitation
pursuant to §§4177B and 4177D of this title shall have an ignition
interlock device installed on a minimum of 1 vehicle registered in that
person's name or may have the device installed on a vehicle owned by another
person if there are no vehicles registered in the name of the offender,
immediately following the effective date of revocation. The ignition interlock
device shall remain installed on the vehicle for a period of 6 months from the
effective date of revocation. That offender may be eligible to apply for an
ignition interlock device license under the following terms:
(1) At least 45 days has
elapsed since the effective date of the revocation.
(2) All licenses have been
surrendered to the Division of Motor Vehicles prior to issuance of the IID
(Ignition Interlock Device) license.
(d) (b)
Any person who, as a first offender is sentenced pursuant to §4177(d) of this
title, and whose blood alcohol concentration is .15 or greater or has
refused a chemical test, and is enrolled in a course of instruction and/or
program of rehabilitation pursuant to §4177D of this title shall be eligible
to apply for the ignition interlock device installed on a minimum of 1 vehicle
registered in that person's name or may have the device installed on a vehicle
owned by another person if there are no vehicles registered in the name of the
offender, immediately following the effective date of revocation. That offender
may be eligible to apply for an IID license under the following terms: eligible
to apply for anignition interlock
device license under the following terms:
(1) a. At least 45 days has elapsed since the effective date of the revocation if the person's blood alcohol concentration was below .15; or
b. At least 60 days have elapsed since the effective date of the revocation if the person's blood alcohol concentration was .15 or greater.
(2) All licenses have been surrendered to the Division of Motor Vehicles prior to issuance of the IID license.
(3) The person has installed an ignition interlock device in all vehicles registered in the person's name, or on a vehicle owned by another person if there are no vehicles registered in the name of the offender prior to issuance of the IID license.
(34)
For a person sentenced under this section, the IID license issued shall limit
conditional driving privileges to driving to and from work, school, alcohol
treatment programs, and the interlock service provider.
(ec)
Any person who, as a second or subsequent offender or who has refused a
chemical test, is sentenced pursuant to §4177(d) of this title, shall 12
months from the effective date of the revocation, have the ignition interlock
device installed on all vehicle or vehicles registered in that person's name or
may have the device installed on a vehicle owned by another person if there are
no vehicles registered in the name of the offender. That offender may be
eligible to apply for an IID license under the following terms;
(1) Satisfactory completion of a course of instruction and/or program of rehabilitation pursuant to §4177D of this title.
(2) At least 12 months have elapsed since the effective date of the revocation.
(3) All licenses have been surrendered to the Division of Motor Vehicles prior to issuance of the IID license.
(fd)
Notwithstanding §§4177A and 4177B of this title, any person who has
satisfactorily completed a course and/or program established pursuant to §
4177D of this title, shall be permitted to apply for reinstatement of their
driver's license and/or driving privilege under the following terms:
(1) Payment of all fees under the schedule adopted by the Secretary;
(2) For
a person who elected to enroll in a course of instruction or program of
rehabilitation pursuant to §4177B of this title, at least 6 months have
elapsed since the effective date of the revocation the day the
ignition interlock device was installed on the vehicle or vehicles and the
ignition interlock device licensed was issued.
(3) For
a person sentenced for a first offense pursuant to §4177 of this title, whose
blood alcohol concentration was below .15, at least 12 months have elapsed
since the effective date of the revocation the day the ignition
interlock device was installed the vehicle or vehicles and the ignition
interlock device licensed was issued.
(4) For a person sentenced for a first offense pursuant to §4177 of this title, whose blood alcohol concentration was .l5 to .19, at least 17 months have elapsed since the day the ignition interlock device was installed on the vehicle or vehicles and the ignition interlock license was issued.
(5) For a person sentenced for a first offense pursuant to §4177 of this title, whose blood alcohol concentration was .20 or greater, at least 23 months have elapsed since the day the ignition interlock device was installed on the vehicle or vehicles and the ignition interlock license was issued.
(6) For a person sentenced for a second offense pursuant to §4177 of this title, whose blood alcohol concentration was below .15, at least 6 months have elapsed since the day the ignition interlock device was installed on the vehicle or vehicles and the ignition interlock license was issued.
(7) For a person sentenced for a second offense pursuant to §4177 of this title, whose blood alcohol concentration was .15 to .19, at least 12 months have elapsed since the day the ignition interlock device was installed on the vehicle or vehicles and the ignition interlock license was issued.
(8) For a person sentenced for a second offense pursuant to §4177 of this title, whose blood alcohol concentration was .20 or greater, at least 18 months have elapsed since the day the ignition interlock device was installed on the vehicle or vehicles and the ignition interlock license was issued.
(9) For a person sentenced for a third offense pursuant to §4177 of this title, whose blood alcohol concentration was below .15, at least 12 months have elapsed since the day the ignition interlock device was installed on the vehicle or vehicles and the ignition interlock license was issued.
(10) For
a person sentenced for a third offense pursuant to §4177 of this title, whose
blood alcohol concentration was .15 to .19 or greater, at least 18
months have elapsed since the day the ignition interlock device was installed
on the vehicle or vehicles and the ignition interlock license was issued.
(11) For a person sentenced for a third offense pursuant to §4177 of this title, whose blood alcohol concentration was .20 or greater, at least 24 months have elapsed since the day the ignition interlock was installed on the vehicle or vehicles and the ignition interlock license was issued.
(12) For a person sentenced for a fourth or further subsequent offense pursuant to § 4177 of this title, at least 48 months have elapsed since the day the ignition interlock device was installed on the vehicle or vehicles and the ignition interlock license was issued.
(g)
Notwithstanding §4177 of this title, any person subject to a period of
voluntary revocation pursuant to §4177F(f)(1) of this title who has
satisfactorily completed a course and/or program established pursuant to §
4177D of this title, shall be permitted to apply for a driver's license under
the following terms:
(1)
Payment of all fees under the schedule adopted by the Secretary;
(2)
At least 5 months have elapsed since the day an IID was installed on the
person's motor vehicle.
(he)
Notwithstanding any other provision to the contrary, any person whose alcohol
concentration is less than .08 (l) who is convicted of a first offense pursuant
to §4177 of this title, (2) who makes a first offense election pursuant to §
4177B of this title, or (3) whose license is revoked for a first offense
pursuant to Chapter 27 of this title, where it is not established that the
person was under the influence of any other intoxicating substance, shall be
granted a conditional license immediately upon application, and shall not be
required to complete a course of instruction established under §4177D of this
title. Nothing in this subsection shall be read to imply that an individual
with an alcohol concentration of less than .08 is under the influence of
alcohol.
Section 5.Amend §4177E(a), Title 21 of the Delaware Code by making such insertions as shown by underlining and deletions as shown by strikethrough follows:
(a) In the event of a revocation of a driver's license
pursuant to §4177B of this title, the Department may issue a conditional
license during the period of revocation upon application by the applicant upon
a form prescribed by the Department and sworn to by the applicant, provided
that the applicant sets forth in said application that the revocation of such
license has created an extreme hardship, that no prior conditional license has
been issued within the preceding 12 months, that there have been no other such
prior revocations, and if all other requirements contained in §4177C of this
title have been satisfactorily complied with., including the ignition
interlock device requirements of said section.
Section 6.Amend § 4177F, Title 21 of the Delaware Code by making deletions as shown by strikethrough follows:
§4177F.
Ignition Interlock Device Program.
(a)
Application. -- The Division of Motor Vehicles may offer, on a voluntary basis,
shall requireparticipation in the
Ignition Interlock Device Program under this section to eligible persons who
submit a written application on the forms designated by the Division.
(b)
Definitions. -- For the purpose of this section:
(1)
"Ignition interlock device" (IID) or "approved device"
shall mean ignition equipment approved by the Director of the Division of Motor
Vehicles pursuant to this section, designed to prevent a motor vehicle from
being operated by a person who has consumed alcoholic beverages.
(3)
"Service provider" means a legal entity which the Director of the
Division of Motor Vehicles finds complies with the requirements of this section
and approves to install IIDs on participants' motor vehicles.
(4)
"Offender" means a person whose license or driving privileges have
been revoked for violating §4177 of this title. Notwithstanding any contrary
provision of law, a person who elects to apply and is accepted for probation
under §4177B of this title shall be an "offender" convicted of an
"offense" for the purposes of this section.
(5)
"Participant" means an offender who is eligible to and does
participate in the Ignition Interlock Program pursuant to this section.
(6)
"Lockout" means any time a participant attempts to use a motor
vehicle equipped with an IID and any percentage of alcoholic beverages is
measured on said device.
(c) IID
Standards. -- The Division of Motor Vehicles shall establish the required
calibration settings and shall provide standards for the certification,
installation, setting, repair and removal of the IIDs.
(d)
Eligibility. -- An offender who has taken a chemical test required pursuant to
§2741 of this title and has accepted the first offense election pursuant to §
4177B of this title, or who has no prior offense who refuses a chemical test
required pursuant to §2741 of this title, shall be eligible to receive an IID
pursuant to this section if the offender meets the following conditions:
(1)
The offender must have had a Delaware driver's license at the time of the
offense in question;
(2)
Following revocation, the offender must complete an alcohol evaluation, provide
proof of enrollment in a course of instruction and/or program of rehabilitation
and pay all associated fees;
(3)
The offense in question may not involve death or serious physical injury to any
person;
(4)
The offender's driving privileges or license must not be currently suspended,
revoked, denied or unavailable for any other violations of the law of any
jurisdiction;
(5)
The offender's driving privileges or license must not be revoked pursuant to §
1009 of Title 10 or a like provision of another jurisdiction;
(6)
The offender must either own the motor vehicle to be installed with the IID or
file the notarized approval of installation by the motor vehicle owner with the
Division of Motor Vehicles;
(7)
The offender must not have participated in an IID program within the immediate
past 5 years or a like program in any other jurisdictions;
(8)
The offender must provide proof of insurance for the vehicle on which the IID
will be installed. The proof of insurance must verify that the offender is
permitted to drive the specific motor vehicle in question regardless of
ownership of the vehicle;
(9)
The court, whether upon a motion by the Attorney General or otherwise, shall
not have designated the offender ineligible to be a participant; and
(10)
The offender shall meet any other eligibility criteria established by
regulations of the Division of Motor Vehicles.
(e)
Installment payment of costs; indigent program. -- The Division of Motor
Vehicles shall establish a payment plan for participants. The plan shall be administered
by the service provider and the participant shall make all payments under the
plan to the service provider. The initial payment shall include the
installation cost and 2 months' lease for a minimum charge and a minimum down
payment of $180. The participant shall thereafter make payments every 2 months
for the lease of the equipment in the amount of $110 until the balance is paid.
The Division may increase the minimum amount by regulation. Any taxes due shall
be payable in addition to minimum amounts at the time of each payment.
The
Division shall further develop and implement an indigent plan for impoverished
persons, which shall be available on a lottery basis. For every 20 devices
installed at regular prices, at least 1 device shall be provided at
approximately half price under this program.
(f) Program
duration; suspension of sentence. -- A participant's license revocation imposed
by law shall automatically be suspended upon the participant's entry into the
IID Program and shall be suspended for the duration thereof. By entering the
program, the participant consents, among the other conditions of the program,
to a voluntary period of license revocation, to wit:
(1)
If the revocation period suspended is 12 months, and the participant has elected
the FOE-IID Diversion pursuant to §4177B(g) of this title, the participant's
voluntary revocation period is 12 months and the participant may receive an IID
license after 1 month.
(2)
If the revocation period suspended is 12 months, and the participant has no
prior offense but has refused a chemical test required pursuant to §2741 of
this title, the participant's voluntary revocation period is 14 months, and the
participant may receive an IID license after 2 months.
(3),
(4) [Deleted.]
The participant
shall receive credit towards the voluntary revocation period for the revocation
time served prior to entry into the IID program.
(g) IID
license; driving record. -- An offender's driving record maintained by the
Division of Motor Vehicles shall indicate any voluntary revocation period to be
served under the IID program. The Division of Motor Vehicles shall issue an IID
license to an otherwise eligible participant. Each of the IID license, the
registration of the vehicle on which the IID is installed and the participant's
driving record maintained by the Division of Motor Vehicles shall indicate that
the participant shall not operate any motor vehicle except when equipped with
an Ignition Interlock Device.
(h)
Conditions of participation. --
(1) A
participant shall be disqualified from further participation in the IID Program
for failure to comply with any of the following:
a. The participant shall
abide by the terms of the offender's lease with the service provider as
approved by the Division of Motor Vehicles;
b.
The participant shall be driven to the service provider by a licensed driver
for installation of the IID;
c.
The participant shall comply with Division of Motor Vehicles regulations
concerning IID license restrictions;
d.
The participant shall not attempt, nor allow or cause an attempt to bypass,
tamper with, disable or remove the IID or its wires in connection;
e.
The participant offender shall not attempt to operate a motor vehicle without
possessing registration and an IID license which complies with subsection (g)
of this section;
f.
The participant shall not violate any section of this title relating to the use,
possession or consumption of alcohol or intoxicating substances;
g.
The participant shall not fail to pay any and all fines whatsoever assessed
during participation in the program pursuant to this title;
h.
The participant shall accumulate no more than 5 points per year;
i.
The offender shall continue to meet all eligibility criteria identified in
subsection (d) of this section, and specifically, shall successfully complete
the course of instruction and/or program of rehabilitation referred to in paragraph
(2) of subsection (d) of this section;
j.
The participant shall provide satisfactory proof to the Division of Motor
Vehicles that an approved IID has been installed; and
k.
The participant shall comply with any participation regulations implemented by
the Division of Motor Vehicles pursuant to this paragraph.
(2) A
participant may be disqualified from further participation in the IID Program
for failure to comply with any of the following:
a.
The participant shall not fail or refuse to take random tests at such times and
by such means as the Division of Motor Vehicles requires;
b.
The participant shall keep scheduled monitoring appointments with the Division
and the service provider; and
c.
The participant shall be required to report to the service provider on a
bi-monthly basis for service of the approved IID.
(i)
Disqualification. -- The Secretary of the Department of Transportation, upon 10
days prior notice by certified mail, may disqualify a participant at any time
upon a determination by the Secretary that the participant has failed to comply
with any of the requirements of subsection (h) of this section. Upon
disqualification, the ignition interlock device must remain on the vehicle or
vehicles for the balance of the period required based on the revocation and
reinstatement requirements as specified in §4177C of this title; however, no
driving authority will be granted during this remaining period. The participant
will be responsible for all fees for the device during this period.
(j)
Discharge. -- At the time a participant completes the duration of the IID
program without disqualification by the Secretary, the revocation suspended at
the time the participant entered the IID program shall automatically be
discharged.
Section 7. Amend §4177G, Title 21 of the Delaware Code by making such insertions as shown by underlining and deletions as shown by strikethrough follows:
§4177GF.
Subsequent Offense Ignition Interlock Device Program.
(a)
Participation. -- All persons convicted of an subsequent offense
must participate in the Subsequent Offense Ignition Interlock Device
Program.
(b) Definitions. -- For the purpose of this section:
(1) "Ignition interlock device" (IID) or "approved device" shall mean ignition equipment approved by the Director of the Division of Motor Vehicles pursuant to this section, designed to prevent a motor vehicle from being operated by a person who has consumed alcoholic beverages.
(2) "Service provider" means a legal entity which the Director of the Division of Motor Vehicles finds complies with the requirements of this section and approves to install IIDs on participants' motor vehicles.
(3)
"Subsequent oOffense" means a first offenders election
pursuant to §4177B of this title or a conviction for a second,
third, fourth or greater offense pursuant to §4177 of this title.
(4)
"Offender" means a person convicted of a second, third, fourth or
greater offense pursuant to §4177 of this title. who has accepted a
first offender election pursuant to §4177B of this title or who has been
convicted of violating §4177 of this title.
(5)
"Lockout" means any time an subsequent offender attempts to
use a motor vehicle equipped with an IID and any percentage of alcoholic
beverages is measured on said device.
(c) IID Standards. -- The Division of Motor Vehicles shall establish the required calibration setting and shall provide standards for the certification, installation, setting, repair and removal of the IIDs.
(d) Requirements. --
(1)
Every offender shallperson convicted
of a subsequent offense shall, 12 months from the effective date of revocation
of that person's driver's license, install an ignition interlock device
in all motor vehicles registered in the name of that person for the remainder
of the revocation time period as provided in §4177A(a) of this title. be
subject to the ignition interlock requirements of this section and §4177C
during any period of revocation imposed for an offense.If at anytime after the 12 months have
elapsed but before the end of the revocation period, the person registers a
motor vehicle(s) in the person's name, that person shall immediately install an
ignition interlock device in such vehicle(s).
(2) A
person covered under paragraph (d)(1) of this section must have the ignition
interlock device installed in all motor vehicles in that person's name for the
required minimum periods as specified in §4177C(f d) of this
title prior to the reinstatement of that person's driver's license.
(e) Installment payment of costs; indigent program. -- The Division of Motor Vehicles shall establish a payment plan for all persons obtaining an IID under this section. The plan shall be administered by the service provider(s) and the person obtaining the IID shall make all payments under the plan to the service providers(s). The initial payment shall include the installation cost and 2 months' lease for a minimum charge and a minimum down payment of $180. The person obtaining an IID shall thereafter make payments every 2 months for the lease of the equipment in the amount of $110 until the balance is paid. The Division may increase the minimum amount by regulation. Any taxes due shall be payable in addition to minimum amounts at the time of each payment. The Division shall further develop and implement an indigent plan for impoverished persons, which shall be available on a lottery basis. For every 20 devices installed at regular prices, at least 1 device shall be provided at approximately half price under this program.
(f) Subsequent
offender IID license. --
(1) All
persons convicted of an subsequent offense shall, 12 months
from the effective date of the revocation of their driver's license, be
eligible for an subsequent offender IID license during the
period of revocation as set forth in §4177C of this Title,if the subject
to the following conditions are met:
a. The subsequent
offender must have had a Delaware driver's license at the time of the offense
that caused the revocation;
b. The subsequent
offender has had an IID placed on all vehicles registered in that person's name
pursuant to subsection (d) of this section;
c.
The subsequent offender must have completed an alcohol evaluation and enrolled
in a course of instruction and/or a program of rehabilitation and paid all associated
fees;
dc.
The subsequent offender's driving privileges or license must not be
currently suspended, revoked, denied or unavailable for any other violations of
the law of any jurisdiction that would prohibit the issuance of the IID, unless
it is determined by the Secretary of Transportation or the Secretary's designee
that the individual is eligible for reinstatement;
ed.
The subsequent offender's driving privilege or license must not be
revoked pursuant to §1009 of Title 10 or a like provision of another
jurisdiction;
fe.
The subsequent offender must install an IID in all motor vehicles that
person will operate;
gf.
The subsequent offender must either own the motor vehicle in which the
IID is to be installed or file the notarized approval of installation by the
motor vehicle owner with the Division of Motor Vehicles;
hg.
The subsequent offender must provide proof of insurance for the vehicle
on which the IID will or has been installed. The proof of insurance must verify
that the offender is permitted to drive the specific motor vehicle in question
regardless of ownership of the vehicle;
i.
The court, whether upon a motion by the Attorney General or otherwise, shall
not have designated the subsequent offender ineligible to have a subsequent
offender IID license; and
jh.
The subsequent offender shall meet any other eligibility criteria
established by regulations of the Division of Motor Vehicles.
(2) An
subsequent offender shall lose the privilege of having an subsequent
offender IID license for failure to comply with any of the following:
a. The subsequent
offender shall abide by the terms of the subsequent offender's lease with the
service provider as approved by the Division of Motor Vehicles;
b. The subsequent
offender shall comply with the Division of Motor Vehicles regulations
concerning subsequent offender IID license restrictions;
c. The subsequent
offender shall not attempt, nor allow or cause an attempt to bypass, tamper
with, disable or remove the IID or its wires in connection;
d. The subsequent
offender shall not attempt to operate a motor vehicle without possessing
registration and an subsequent offender IID license which
complies with subsection (f) of this section;
e. The subsequent offender shall not violate
any section of this title relating to the use, possession or consumption of
alcohol or intoxicating substances;
f. The subsequent
offender shall accumulate no more than 5 points per year;
g. The subsequent
offender shall continue to meet all eligibility criteria identified in
paragraph (1) of this subsection;
h. The subsequent
offender shall provide proof to the Division of Motor Vehicles that an approved
IID has been installed;
i. The subsequent
offender shall not fail or refuse to take random tests at such times and by
such means as the Division of Motor Vehicle requires;
j. The subsequent
offender shall keep scheduled appointments with the Division and the service
provider; and
k. The subsequent
offender shall be required to report to the service provider on a bimonthly
basis for service of the approved IID.
(3)
Extension of program participation. -- The Secretary of the Department of
Transportation or the Secretary's designee shall extend the participant's
revocation period and/or participating requirement in the IID program upon a
determination by the Secretary or the Secretary's designee that the participant
has failed to comply with the requirements of subsection (d) of this
section for the following actions:
a. Each BAC reading of .05 or above;
b. Running retest violation;
c. Each missed monitoring appointment;
d. Start up violation; IE lock-out failure;
e. Tampering with or bypassing the interlock system;
f. Intentional circumvention of the interlock system or program requirements; or
g. Any other non-compliance of program requirements specified in paragraph (f)(2) of this section as deemed by the Secretary or the Secretary's designee.
A 2-month extension shall be required for any combination of 3 of the above actions. A 4-month extension shall be required for any combination of 5 of the above actions. A 6-month extension shall be required for any combination of 8 of the above actions. An additional 1 month shall be required for each action listed greater than 8.
(4) Disqualification. -- The Secretary of the Department of Transportation, or the Secretary's designee upon 10 days prior notice by certified mail, may disqualify a participant at any time upon a determination by the Secretary that the participant has failed to comply with any of the requirements of paragraph (f)(3)g. of this section. Upon disqualification, the ignition interlock device must remain on the vehicle for the balance of the period required based on the revocation and above extensions, however, no driving authority will be granted during this remaining period. The participant will be responsible for all fees for the device during this period.
SYNOPSIS
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This legislation will require all DUI offenders to install an ignition interlock. |
