ASSEMBLY, No. 2779

 

STATE OF NEW JERSEY

 

INTRODUCED MARCH 3, 1997

 

 

By Assemblyman BATEMAN

 

 

An Act concerning ignition interlock devices, supplementing chapter 4 of Title 39 of the Revised Statutes and amending R.S.39:4-50.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. (New section) The Legislature finds and declares:

    a. This State's penalties for drunk driving, including the mandatory suspension of driver's licenses and counseling for offenders, are among the strongest in the nation. However, despite the severity of existing penalties, far too many persons who have been convicted under the drunk driving law continue to imperil the lives of their fellow citizens by driving while intoxicated.

    b. Ignition interlock devices, which permit a motor vehicle to be started only when the driver is sober, offer a technically feasible and effective means of further reducing the incidence of drunk driving. The use of these devices was initiated in California in 1986 and they are presently being used or tested in 20 states.

    c. The judicious deployment of ignition interlock devices, as provided under this act, will enhance and strengthen this State's existing efforts to keep drunk drivers off the highways.

 

    2. (New section) a. In sentencing a first offender under R.S.39:4-50, the court may order, in addition to any other penalty imposed by that section, the installation of an interlock device in every motor vehicle owned, leased or regularly operated by the offender in lieu of the period of suspension. The device shall remain installed for not less than six months or more than one year.

    b. In sentencing a second or subsequent offender under R.S.39:4-50, the court shall order, in addition to any other penalty imposed by that section, the installation of an interlock device in every motor vehicle owned, leased or regularly operated by the offender. The device shall remain installed for not less than one year or more than three years, commencing immediately upon the return of the offender's driver's license after the required period of suspension has been served.

    c. The court shall determine whether the offender has the ability to pay for the installation of an interlock device. If the court determines a person is unable to pay, the court may order a payment plan. The plan may defer payment over a period that exceeds the period of the court's installation order. The offender shall pay the manufacturer of the interlock device or the manufacturer's agent directly for the cost of the device and its installation, in accordance with any payment schedule ordered by the court. If the court determines there is no feasible way for the person to pay for the device, or if the manufacturer declines the person's application for a payment plan, the court shall not order an interlock device installed, but may order the person to perform an appropriate amount of community service.

    d. The court shall require that, for the duration of its order, an offender shall drive no vehicle other than one in which an interlock device has been installed pursuant to the order.

    e. As used in this act, "ignition interlock device" or "device" means a blood alcohol equivalence measuring device which will prevent a motor vehicle from starting if the operator's blood alcohol content exceeds a predetermined level when the operator blows into the device.

 

    3. (New section) When the court has ordered installation of an interlock device in a person's motor vehicle, the court shall require proof that the device has been installed before reinstatement of the person's driver's license that has been suspended pursuant to R.S.39:4-50. The court shall notify the Director of the Division of Motor Vehicles when a person has been ordered to install an interlock device in a vehicle owned, leased or regularly operated by the person. The division shall imprint a notation on the driver's license stating that the person shall not operate a motor vehicle unless it is equipped with an interlock device and shall enter this requirement in the person's driving record.

 

    4. (New section) a. A person who fails to install an interlock device ordered by the court in a motor vehicle owned, leased or regularly operated by him shall have his driver's license suspended for one year, in addition to any other suspension or revocation imposed under R.S. 39:4-50, unless the court determines a valid reason exists for the failure to comply. A person in whose vehicle an interlock device is installed pursuant to a court order who drives that vehicle after it has been started by any means other than his own blowing into the device or who drives a vehicle that is not equipped with such a device shall have his driver's license suspended for one year, in addition to any other penalty applicable by law.

    b. A person is a disorderly person who:

    (1) Blows into an interlock device or otherwise starts a motor vehicle equipped with such a device for the purpose of providing an operable motor vehicle to a person who has been ordered by the court to install the device in the vehicle.

    (2) Tampers or in any way circumvents the operation of an interlock device.

    (3) Knowingly rents, leases or lends a motor vehicle not equipped with an interlock device to a person who has been ordered by the court to install an interlock device in a vehicle he owns, leases or regularly operates.

 

    5. (New section) The director shall certify or cause to be certified ignition interlock devices required by this act and shall publish a list of approved devices. The director shall provide a copy of this list along with information on the purpose and proper use of interlock devices to persons who have been ordered by the court to install such a device in their vehicles.

 

    6. (New section) Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the division shall promulgate rules and regulations for the installation and use of ignition interlock devices. These regulations shall be consistent with the federal model specifications of for ignition interlock devices issued by the National Highway Traffic Safety Administration. They shall include, but not be limited to, the following:

    a. requiring that the ignition interlock system selected shall:

    (1) not impede the safe operation of the vehicle;

    (2) incorporate features that make circumvention difficult and that do not interfere with the normal use of the vehicle;

    (3) correlate closely with established measures of alcohol impairment;

    (4) operate accurately and reliably in an unsupervised environment;

    (5) resist tampering and give evidence when tampering is attempted;

    (6) be difficult to circumvent and require premeditation to do so;

    (7) require a deep lung breath sample as a measure of blood alcohol concentration equivalence;

    (8) operate reliably over the range of automobile environments; and

    (9) be manufactured by a party who will provide liability insurance.

    b. designating the facilities where ignition interlock devices may be installed; and

    c. establishing guidelines for the proper use of ignition interlock devices.

    The director may adopt at his discretion, in whole or in part, the guidelines, rules, regulations, studies, or independent laboratory tests performed on and relied upon in the certification of ignition interlock devices by other states, their agencies or commissions.

 

    7. R.S.39:4-50 is amended to read as follows:

    39:4-50. (a) A person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.10% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.10% or more by weight of alcohol in the defendant's blood, shall be subject:

    (1)  For the first offense, to a fine of not less than $250.00 nor more than $400.00 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and [shall] may forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than six months nor more than one year unless the judge, pursuant to the provisions of P.L.    , c. (C. ), (now pending before the Legislature as this bill) has ordered the installation of an ignition interlock device.

    (2) For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Director of the Division of Motor Vehicles for a license to operate a motor vehicle, which application may be granted at the discretion of the director, consistent with subsection (b) of this section.

    (3) For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years.

    Whenever an operator of a motor vehicle has been involved in an accident resulting in death, bodily injury or property damage, a police officer shall consider that fact along with all other facts and circumstances in determining whether there are reasonable grounds to believe that person was operating a motor vehicle in violation of this section.

    If the driving privilege of any person is under revocation or suspension for a violation of any provision of this Title or Title 2C of the New Jersey Statutes at the time of any conviction for a violation of this section, the revocation or suspension period imposed shall commence as of the date of termination of the existing revocation or suspension period. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the forfeiture, suspension or revocation of the driving privilege imposed by the court under this section shall commence immediately, run through the offender's seventeenth birthday and continue from that date for the period set by the court pursuant to paragraphs (1) through (3) of this subsection. A court that imposes a term of imprisonment under this section may sentence the person so convicted to the county jail, to the workhouse of the county wherein the offense was committed, to an inpatient rehabilitation program or to an Intoxicated Driver Resource Center or other facility approved by the chief of the Intoxicated Driving Program Unit in the Department of Health; provided that for a third or subsequent offense a person shall not serve a term of imprisonment at an Intoxicated Driver Resource Center as provided in subsection (f).

    A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.

    (b) A person convicted under this section must satisfy the screening, evaluation, referral, program and fee requirements of the Division of Alcoholism and Drug Abuse Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource Centers and a program of alcohol education and highway safety, as prescribed by the Director of the Division of Motor Vehicles. The sentencing court shall inform the person convicted that failure to satisfy such requirements shall result in a mandatory two-day term of imprisonment in a county jail and a driver license revocation or suspension and continuation of revocation or suspension until such requirements are satisfied, unless stayed by court order in accordance with Rule 7:8-2 of the Rules Governing the Courts of the State of New Jersey, or R.S.39:5-22. Upon sentencing, the court shall forward to the Bureau of Alcohol Countermeasures within the Intoxicated Driving Program Unit a copy of a person's conviction record. A fee of $100.00 shall be payable to the Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32) to support the Intoxicated Driving Programs Unit.

    (c) Upon conviction of a violation of this section, the court shall collect forthwith the New Jersey driver's license or licenses of the person so convicted and forward such license or licenses to the Director of the Division of Motor Vehicles. The court shall inform the person convicted that if he is convicted of personally operating a motor vehicle during the period of license suspension imposed pursuant to subsection (a) of this section, he shall, upon conviction, be subject to the penalties established in R.S.39:3-40. The person convicted shall be informed orally and in writing. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40. In the event that a person convicted under this section is the holder of any out-of-State driver's license, the court shall not collect the license but shall notify forthwith the director, who shall, in turn, notify appropriate officials in the licensing jurisdiction. The court shall, however, revoke the nonresident's driving privilege to operate a motor vehicle in this State, in accordance with this section. Upon conviction of a violation of this section, the court shall notify the person convicted, orally and in writing, of the penalties for a second, third or subsequent violation of this section. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of this section.

    (d) The Director of the Division of Motor Vehicles shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) in order to establish a program of alcohol education and highway safety, as prescribed by this act.

    (e) Any person accused of a violation of this section who is liable to punishment imposed by this section as a second or subsequent offender shall be entitled to the same rights of discovery as allowed defendants pursuant to the Rules Governing Criminal Practice, as set forth in the Rules Governing the Courts of the State of New Jersey.

    (f) The counties, in cooperation with the Division of Alcoholism and Drug Abuse and the Division of Motor Vehicles, but subject to the approval of the Division of Alcoholism and Drug Abuse, shall designate and establish on a county or regional basis Intoxicated Driver Resource Centers. These centers shall have the capability of serving as community treatment referral centers and as court monitors of a person's compliance with the ordered treatment, service alternative or community service. All centers established pursuant to this subsection shall be administered by a certified alcoholism counselor or other professional with a minimum of five years' experience in the treatment of alcoholism. All centers shall be required to develop individualized treatment plans for all persons attending the centers; provided that the duration of any ordered treatment or referral shall not exceed one year. It shall be the center's responsibility to establish networks with the community alcohol education, treatment and rehabilitation resources and to receive monthly reports from the referral agencies regarding a person's participation and compliance with the program. Nothing in this subsection shall bar these centers from developing their own education and treatment programs; provided that they are approved by the Division of Alcoholism and Drug Abuse.

    Upon a person's failure to report to the initial screening or any subsequent ordered referral, the Intoxicated Driver Resource Center shall promptly notify the sentencing court of the person's failure to comply.

    Required detention periods at the Intoxicated Driver Resource Centers shall be determined according to the individual treatment classification assigned by the Bureau of Alcohol Countermeasures. Upon attendance at an Intoxicated Driver Resource Center, a person shall be required to pay a per diem fee of $75.00 for the first offender program or a per diem fee of $100.00 for the second offender program, as appropriate. Any increases in the per diem fees after the first full year shall be determined pursuant to rules and regulations adopted by the Commissioner of Health in consultation with the Governor's Council on Alcoholism and Drug Abuse pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

    The centers shall conduct a program of alcohol education and highway safety, as prescribed by the Director of the Division of Motor Vehicles.

    The Commissioner of Health shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to effectuate the purposes of this subsection.

    (g) In addition to any penalty or condition imposed by law or regulation, a person who is subject to the provisions of this section shall also be subject to the provisions of P.L. , c. (C. )(now


pending before the Legislature as this bill).

(cf: P.L.1995, c.243, s.1)

 

    8. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill provides for the use of ignition interlock devices as a method of reducing the incidence of drunk driving in this State. These devices are attached to a motor vehicle and prevent it from being started when the alcohol level of the driver's breath exceeds a predetermined amount. Interlock devices are being used in 20 states to insure that convicted drunk drivers do not repeat their offense.

    The bill gives a court discretion to order the installation of an interlock device on the motor vehicle of a first-time drunk driving offender instead of suspending the offender's driver's license. The interlock requirement would be imposed by the court in addition to any other penalty required under R.S.39:4-50, the State's drunk driving statute. The court is authorized to order a first-offender to install an interlock on his vehicle for a period of six months to one year, which is the required period of suspension under R.S.39:4-50.

    The bill requires a court to order the installation of an interlock device on the motor vehicle of a second or subsequent drunk driving offender. The installation would last for a period of one to three years, as determined by the court, and would commence immediately upon return of the offender's driver's license after the required period of suspension had been served.

    The court would be required to determine whether a person ordered to install an interlock device in his vehicle has the ability to pay for the device. It the court determines a person is unable to pay, the court is authorized to approve an installment payment plan. If the court determines there is no feasible way for the person to pay for the device, or if the manufacturer of the device declines the person's application for a payment plan, the court may as an alternative order the person to perform an appropriate amount of community service.

    The Director of the Division of Motor Vehicles in the Department of Law and Public Safety would be required to certify ignition interlock devices required by the act and to publish a list of approved devices.

    A person who fails to install an interlock device as ordered by the court would have his driver's license suspended for an additional year. A similar penalty would be imposed on a person in whose vehicle an interlock device is installed who drives that vehicle after it has been started by another person or who drives a motor vehicle not equipped with such a device. Under the bill, it is also unlawful to blow into an interlock device to start a motor vehicle for another person or to tamper with or circumvent the operation of an interlock device.

 

 

 

Provides for interlock devices to curb drunk driving.