2013 DUI Reorganization Bill With Interlock

8/12/2019 2013 DUI Reorganization Bill With Interlock

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Section 55-10-401

(a) It is unlawful for any person to drive or to be in physical control of any automobile orother motor driven vehicle on any of the public roads and highways of the state, any shoppingcenter, trailer park, apartment house complex or any other location which is generally frequentedby the public at large, while:

(1) nder the influence of any intoxicant, mari!uana, controlled substance,

controlled substance analogue, drug, substance affecting the central nervous system orcombination thereof that impairs the driver"s ability to safely operate a motor vehicle bydepriving the driver of the clearness of mind and control of himself which he wouldotherwise possess#

($) %he alcohol concentration in the person"s blood or breath is eight&hundredthsof one percent ('' *) or more# or,

(+) ith a blood alcohol concentration of four&hundredths of one percent(''-*) and the vehicle is a commercial motor vehicle as defined at %./ 0 &'&1'$

Section 55-10-402

(a)(1)

(/) /ny person violating 0 &1'&-'1, shall, upon conviction for the first

offense, be sentenced to serve in the county !ail or workhouse not less than forty&eight (-) consecutive hours nor more than eleven (11) months and twenty&nine($2) days, and as a condition of probation, shall remove litter during the daylighthours from public roadways or publicly owned property for a period of twenty&four hours in three (+) shifts of eight () consecutive hours each

(3) /ny person violating 0 &1'&-'1, shall, upon conviction for firstoffense with a blood alcohol concentration of twenty hundredths of one percent('$'*), shall serve a minimum of seven (4) consecutive days rather than fortyeight (-) hours, and as a condition of probation, shall remove litter during thedaylight hours from public roadways or publicly owned property for a period oftwenty&four hours in three (+) shifts of eight () consecutive hours each($) /ny person violating 0 &1'&-'1, shall, upon conviction for second offense,

be sentenced to serve in the county !ail or workhouse not less than forty&five (-)consecutive days nor more than eleven (11) months and twenty&nine ($2) days pon theconviction of a person on the second offense only, a !udge may sentence the person toparticipate in a court approved alcohol or drug treatment program

(+) /ny person violating 0 &1'&-'1, shall, upon conviction for third offense, besentenced to serve in the county !ail or workhouse not less than one hundred twenty (1$')consecutive days nor more than eleven (11) months and twenty&nine ($2) days

(-) /ny person violating 0 &1'&-'1, upon conviction for fourth or subsequentoffense shall be sentenced as a felon to serve not less than one hundred fifty (1')consecutive days nor more than the maximum punishment authori5ed for the appropriaterange of a .lass 6 felony(b)

(1) If a person is convicted of a violation of 0 &1'&-'1, and at the time of theoffense, the person was accompanied by a child under eighteen (1) years of age, theperson"s sentence shall be enhanced by a mandatory minimum period of incarceration ofthirty (+') days %he incarceration enhancement shall be served in addition to any periodof incarceration received for the violation of 0 &1'&-'1

($) 7otwithstanding subsection (a), if, at the time of the offense, the person wasaccompanied by a child under eighteen (1) years of age, and the child suffers seriousbodily in!ury as the proximate result of the violation of 0 &1'&-'1, the person commitsa .lass 8 felony and shall be punished as provided in 0 +2&1+&1'9, for vehicular assault

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(+) 7otwithstanding subsection (a), if, at the time of the offense, the person wasaccompanied by a child under eighteen (1) years of age, and the child is killed as theproximate result of the violation of 0 &1'&-'1, the person commits a .lass 3 felonyand shall be punished as provided in 0 +2&1+&$1+(b)($), for vehicular homicide involvingintoxication(c) ubdivisions (b) 1&+ constitute an enhanced sentence, not a new offense

(d) /fter service of at least the minimum sentence day for day, the !udge has thediscretion to require an individual convicted of a violation of the provisions of 0 &1'&-'1 toremove litter from the state highway system, public playgrounds, public parks or otherappropriate locations for any prescribed period or to work in a recycling center or otherappropriate location for any prescribed period of time in lieu of or in addition to any of thepenalties otherwise provided in this section# provided, that any person sentenced to remove litterfrom the state highway system, public playgrounds, public parks or other appropriate locations orto work in a recycling center shall be allowed to do so at a time other than the person"s regularhours of employment

(e) /ll persons sentenced under this part shall, in addition to service of at least theminimum sentence, be required to serve the difference between the time actually served and themaximum sentence on probation

(f)(1) /n offender sentenced to a period of incarceration for a violation of 0 &1'&

-'1, shall be required to commence service of the sentence within thirty (+') days ofconviction or, if space is not immediately available in the appropriate municipal orcounty !ail or workhouse within such time, as soon as such space is available If, in theopinion of the sheriff or chief administrative officer of a local !ail or workhouse, spacewill not be available to allow an offender convicted of a violation of 0 &1'&-'1, tocommence service of the sentence within ninety (2') days of conviction, the sheriff oradministrative officer shall use alternative facilities for the incarceration of the offender%he appropriate county or municipal legislative body shall approve the alternativefacilities to be used in the county or municipality

($) /s used in this subsection (f), ;alternative facilities; include, but are not

limited to, vacant schools or office buildings or any other building or structure owned,controlled or used by the appropriate governmental entity that would be suitable forhousing these offenders for short periods of time on an as&needed basis / governmentalentity may contract with another governmental entity or private corporation or person forthe use of alternative facilities when needed and governmental entities may, byagreement, share use of alternative facilities

(+) 7othing in this subsection (f) shall be construed to give an offender a right toserve a sentence for a violation of 0 &1'&-'1, in an alternative facility or within aspecified period of time


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(c) %he minimum and maximum fines for driving under the influence of an intoxicantshall continue to be collected and distributed as they were prior to the effective date of this law

(d) %he payment of restitution to any person suffering physical in!ury or personal lossesas the result of such offense, if such person is economically capable of making such restitution,shall be imposed as a condition of probation under 0 &1'&-1'

Section 55-10-404

(a)(1) %he court shall prohibit any person convicted of a violation of 0 &1'&

-'1 from driving a vehicle in this state for a period of:(/) ?ne (1) year, if the conviction is a first offense#(3) %wo years for a second offense#(.) ix years for a third offense# and,

(8) 6ight years for a fourth or subsequent offense($) In the interest of public safety, a driver who has been prohibited from

driving a vehicle in this state pursuant to this subsection (a) may apply for a restrictedlicense sub!ect to 0 &1'&-'2(b) 7othing in the provisions of this part shall be construed so as to in any way limit,

change, alter, repeal, or amend the provisions of 00 &'&+'+, &'&'1, or &'&'$, nor to

limit the power or authority of the department of safety to revoke or suspend a driver"s license,permit, or privilege under the provisions of .hapter ' of this title 7othing in this section shallbe construed to prohibit the issuance of a restricted license in accordance with 0 &1'&-'2

(c) / person holding a commercial driver license or operating a commercial motorvehicle at the time of the violation of 0 &1'&-'1 for which they are convicted will also besub!ect to the provisions of 0 &'&-'

Section 55-10-405

(a)


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Section 55-10-406

(a) /ny person who drives a motor vehicle in this state is deemed to have given consentto a test or tests for the purpose of determining the alcoholic content of that person"s blood, a testor tests for the purpose of determining the drug content of the person"s blood, or both tests=owever, no such test or tests may be administered pursuant to this section unless conducted atthe direction of a law enforcement officer having reasonable grounds to believe the person was

driving while under the influence of alcohol, a drug, any other intoxicant or any combination ofalcohol, drugs, or other intoxicants as prohibited by 0 &1'&-'1, or was violating the provisionsof 0 +2&1+&1'9, 0 +2&1+&$1+(a)($) or 0 +2&1+&$1

(b)(1) %he following persons who, acting at the written request of a law enforcement

officer, withdraw blood from a person for the purpose of conducting either or both tests,shall not incur any civil or criminal liability as a result of the withdrawing of the blood,except for any damages that may result from the negligence of the person sowithdrawing:

(/) /ny physician#(3) @egistered nurse#(.) Aicensed practical nurse#

(8) .linical laboratory technician#(6) Aicensed paramedic#(


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subsection (a) shall be made at the driver"s first appearance or preliminary hearing in thegeneral sessions court, but no later than the case being bound over to the grand !ury,unless the refusal is a misdemeanor offense in which case the determination shall bemade by the court which determines whether the driver committed the offense# however,upon the motion of the state, the determination may be made at the same time and by thesame court as the court disposing of the offense for which the driver was placed under

arrest($) /ny person who is unconscious as a result of an accident or is unconscious at

the time of arrest or apprehension or otherwise in a condition rendering that personincapable of refusal, shall be sub!ected to the test or tests as provided in this section %heresults thereof shall not be used in evidence against that person in any court or before anyregulatory body without the consent of the person so tested @efusal of release of theevidence so obtained will result in the suspension of that person"s driver license, thus therefusal of consent shall give the person the same rights of hearing and determinations asprovided for conscious and capable persons in this section

(+) 7othing in this section shall affect the admissibility in evidence, in criminalprosecutions for aggravated assault or homicide by the use of a motor vehicle only, ofany chemical analysis of the alcoholic or drug content of the defendant"s blood that has

been obtained by any means lawful(-) Crovided probable cause exists for criminal prosecution for the offense of

driving under the influence of an intoxicant under 0 &1'&-'1, nothing in this sectionshall affect the admissibility into evidence in a criminal prosecution of any chemicalanalysis of the alcohol or drug content of the defendant"s blood that has been obtainedwhile the defendant was hospitali5ed or otherwise receiving medical care in the ordinarycourse of medical treatment

()(/) If a law enforcement officer has probable cause to believe that the

driver of a motor vehicle involved in an accident resulting in the in!ury or deathof another has committed a violation of 0 +2&1+&$1+(a)($), 0 +2&1+&$1, or 0 &1'&-'1, the officer shall cause the driver to be tested for the purpose of

determining the alcohol or drug content of the driver"s blood %he test shall beperformed in accordance with the procedure set forth in this section and shall beperformed regardless of whether the driver does or does not consent to the test# or

(3) If a law enforcement officer has probable cause to believe that thedriver of a motor vehicle has committed a violation of 0 +2&1+&$1+(a)($), 0 +2&1+&$1 or 0 &1'&-'1, and has a prior conviction of 0 +2&1+&$1+(a)($), 0 +2&1+&$1 or 0 &1'&-'1, the officer shall cause the driver to be tested for the purposeof determining the alcohol or drug content of the driver"s blood %he test shall beperformed in accordance with the procedure set forth in this section and shall beperformed regardless of whether the driver does or does not consent to the test

(.) If a law enforcement officer has probable cause to believe that thedriver of a motor vehicle has committed a violation of 0 +2&1+&$1+(a)($), 0 +2&

1+&$1 or 0 &1'&-'1, and a passenger in the motor vehicle is a child undersixteen (19) years of age, the officer shall cause the driver to be tested for thepurpose of determining the alcohol or drug content of the driver"s blood %he testshall be performed in accordance with the procedure set forth in this section andshall be performed regardless of whether the driver does or does not consent tothe test

(8) %he results of a test performed in accordance with subdivision (d)()(/), (d)()(3) and (d)()(.) may be offered as evidence by either the state or the

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driver of the vehicle in any court or administrative hearing or official proceedingrelating to the accident or offense sub!ect to the %ennessee @ules of 6vidence

(6) %he results of any test authori5ed by this section shall be reported inwriting by the person making the test %he report shall have noted on it the timeat which the sample analy5ed was obtained from the person and made availableto the person, upon request

(9)(/) pon the trial of any person charged with a violation of 0 &1'&-'1

the results of any test or tests conducted on the person so charged shall beadmissible in evidence in a criminal proceeding

(3)


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(ii) nderage driving while impaired under 0 &1'&-1#(iii) %he open container law under 0 &1'&-19# or(iv) @eckless driving under 0 &1'&$', if the charged

offense was 0 &1'&-'1(e) /ny person who violates this section by refusing to submit to either test or both tests,

pursuant to 0 &1'&-'9(d)(1), shall be charged by a separate warrant or citation that does not

include any charge of violating 0 &1'&-'1 that may arise from the same occurrence(f)

(1)


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the results of the test, if the person taking or causing to be taken the specimen and the personperforming the test of the specimen shall be available, if subpoenaed as witnesses, upon demandby either party to the cause, or, when unable to appear as witnesses, shall submit a depositionupon demand by either party to the cause

(e) %he person tested shall be entitled to have an additional sample of blood or urineprocured and the resulting test performed by any medical laboratory of that person"s own

choosing and at that person"s own expense# provided, that the medical laboratory is licensedpursuant to title 9, chapter $2

Section 55-10-409

(a) 7otwithstanding any other provision of this part to the contrary, a person whoselicense has been suspended by the court pursuant to 0 &1'&-'- is not eligible for, and the courtshall not have the authority to grant or order, the issuance of a restricted driver license if, basedon the record of the department, the person:

(1) =as a prior conviction for a violation of 0 +2&1+&1'9, 0 +2&1+&$1+(a)($), or 0+2&1+&$1, in this state or a similar offense in another state#

($) eriously in!ured or killed another person in the course of the conduct thatresulted in the driverDs conviction under 0 &1'&-'1 or a similar offense in another state/ driver who has committed such an offense shall not be eligible for and the court shall

not have the authority to grant the issuance of a restricted motor vehicle operator"s licenseuntil such time as the period of suspension mandated by 0 &1'&-'- has expired,notwithstanding the fact that it may be the driverDs first conviction(b)

(1)(/) 6xcept as provided in subsection (a), if a person"s motor vehicle

operator"s license has been revoked pursuant to 0 &1'&-'- or 0 &1'&-'9, theperson may apply to the trial !udge or a !udge of any court in the person"s countyof residence having !urisdiction to try charges for driving under the influence fora restricted driver license

(i) If the person"s present conviction for driving under theinfluence of an intoxicant is an offense for which subdivision (b)($)(3)

requires the court to order the person to operate only a motor vehicle thatis equipped with a functioning ignition interlock device, the court mayorder the issuance of a restricted motor vehicle operator"s license sub!ectto such limitations %he court shall have discretion to order additionallimitations, including but not limited to geographic restrictions asprovided in subsection (c), on the restricted motor vehicle license

(ii) If the person"s violation of 0 &1'&-'9 or present convictionfor driving under the influence of an intoxicant is not an offense forwhich subdivision (b)($)(3) requires the court to order the person tooperate only a motor vehicle that is equipped with a functioning ignitioninterlock device, the court may order the issuance of a restricted motorvehicle operator"s license %he court shall have discretion to order the

person to operate only a motor vehicle that is equipped with afunctioning ignition interlock device or place additional limitations onthe person"s restricted license# provided, however, that a restricted licenseissued pursuant to this subdivision (b)(1)(/)(ii) without an ignitioninterlock requirement shall be sub!ect to geographic restrictions asprovided in subsection (c)(3)

(i) / %ennessee resident, whose operator"s license has beenrevoked because of a conviction in another !urisdiction for operating a

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motor vehicle while under the influence of an intoxicant, may apply for arestricted license to a !udge of any court in the person"s county ofresidence having !urisdiction to try charges for driving under theinfluence %he court may order the issuance of a restricted motor vehicleoperator"s license %he court shall have discretion to order the person tooperate only a motor vehicle that is equipped with a functioning ignition

interlock device or place additional limitations on the person"s restrictedlicense# provided, however, that a restricted license issued pursuant tothis subdivision (b)(1)(3)(i) without an ignition interlock requirementshall be sub!ect to geographic restrictions as provided in subsection (c)If the person has a prior conviction within the past ten (1') years for aviolation of 0 &1'&-'1 or 0 &1'&-$1, in this state or a similar offensein any other !urisdiction, the court shall be required to order the person tooperate only a motor vehicle that is equipped with a functioning ignitioninterlock device

(ii) If a copy of the !udgment of conviction certified by the courtthat tried the case in the other !urisdiction accompanies the restrictedlicense application, the court may issue such order allowing the person so

convicted to operate a motor vehicle including such restrictions orderedby the court that tried the case in the other !urisdiction provided suchrestrictions do not conflict with %ennessee statutes or regulations(.) / person ordered to operate only a motor vehicle that is equipped

with a functioning ignition interlock device pursuant to this subsection (b) mayapply for assistance to meet the requirement pursuant to 0 &1'&-12, except asprovided in subdivision (b)($)(.)($)

(/) pon application by a person who is not prohibited from having arestricted license under subsection (a), the !udge of the court may order theissuance of a restricted license in accordance with 0&'&'$(c) allowing theperson to operate a motor vehicle for the limited purposes set forth in subdivision

(c)(1)(3) If the !udge approves the restricted license application of a person

who is not prohibited from having a restricted license under subsection (a), the!udge shall also order the person to install and keep a functioning ignitioninterlock device as a condition of probation if, at the time of the offense:

(i) %he person was convicted of a violation of 0 &1'&-'1 and had a blood or breath alcohol concentration of eight hundredthsof one percent ('*) or higher or a combination of alcohol in anyamount and mari!uana, a controlled substance, controlled substanceanalogue, drug, or any substance affecting the central nervous system#

(ii) %he person was convicted of 0 &1'&-'1and wasaccompanied by a person under eighteen (1) years of age#

(iii) %he person was involved in a traffic accident forwhich notice to a law enforcement officer is required under 0 &1'&1'4,and the accident is the proximate result of the person"s intoxication# or

(iv)%he person violated the implied consent law under 0&1'&-'9, and has a conviction or !uvenile delinquency ad!udication fora violation that occurred within five () years of the instant impliedconsent violation, for:

(a)Implied consent under 0 &1'&-'9#

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(b)nderage driving while impaired under 0 &1'&-1#

(c)%he open container law under 0 &1'&-19#or,

(d) @eckless driving under 0 &1'&$', if thecharged offense was 0 &1'&-'1

(.) / person convicted of 0 &1'&-'1, who is eligible for a restrictedlicense under subsection (a) and who is not required to have an interlock devicepursuant to subdivision (b)($) or other statute, may request the court order theinstallation and use of an ignition interlock in lieu of geographic restrictions oradditional limitations on the restricted license %he person shall pay all costsassociated with the device and is not eligible for ignition interlock fundassistance under 0 &1'&-12

(8) / court may also order a person whose license has been suspendedpursuant to 0 &1'&-'4 to operate only a motor vehicle that is equipped with afunctioning ignition interlock with or without geographic restrictions which shallremain on the vehicle during the entire period of the restricted license / personordered to operate only a motor vehicle that is equipped with a functioning

ignition interlock device pursuant to this subdivision (b)($)(8) may apply forassistance to meet the requirement pursuant to 0 &1'&-12

(c)(1) If a court issues an order allowing a person to operate a motor vehicle with

geographic restrictions, the court shall specify the necessary time and places ofpermissible operation of a motor vehicle, for the limited purposes of going to and from

(/) /nd working at the person"s regular place of employment#(3) %he office of the person"s probation officer or other similar location

for the sole purpose of attending a regularly scheduled meeting or other functionwith the probation officer by a route to be designated by the probation officer#

(.) / court&ordered alcohol safety program#(8) / college or university in the case of a student enrolled full time in

the college or university#(6) / scheduled interlock monitoring appointment#(


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motor vehicle operator license unless the person petitions the court to consider thepersonDs eligibility under the law in effect when the petition is filed(d)

(1) nless otherwise prohibited by subsection (a), the trial !udge or a !udge ofany court in the person"s county of residence having !urisdiction to try charges for drivingunder the influence may order the issuance of a restricted motor vehicle operator"s license

in accordance with 0 &'&'$ to any person whose motor vehicle operator"s license hasbeen revoked pursuant to 0 &1'&-'- and who has a prior conviction within the past ten(1') years for a violation of 0 &1'&-'1 or 0 &1'&-$1, in this state or a similar offensein any other !urisdiction

($)(i) If the court orders the issuance of a restricted motor vehicle operator"s

license pursuant to this subsection (d), the court shall also order the person,except as provided in 0 &1'&-14(m)(1), to operate only a motor vehicle that isequipped with a functioning ignition interlock device %he restriction shall be forthe entire period of the restricted license and for a period of six (9) months afterthe license revocation period has expired if required by 0 &1'&-14(l)

(ii) ections &1'&-14, &1'&-1 and &1'&-12 shall apply when a

person is ordered to operate only a motor vehicle that is equipped with afunctioning ignition interlock device pursuant to this subsection (d)

Section 55-10-410

(a) In addition to incarceration, fines and license ramifications the sentencing !udge hasthe discretion to impose any conditions of probation which are reasonably related to the offense,but shall impose the following conditions:

(1)(/)

(i) Carticipation in an alcohol and drug safety 8Ischool, andFor drug offender school program, if available# and

(ii) / drug and alcohol assessment or treatment# or(iii) If the court deems it appropriate and the service is

available, both a drug and alcohol assessment and treatment, with thecost of such service being paid as provided in subsection (a)(-)# or(3) In lieu of or in addition to subdivision (a)(1)(/), the !udge may order

the offender to attend a victims impact panel program if such a program isoffered by the county where the offense occurs and, if the court finds theoffender has the ability to pay, to pay a fee of not less than twenty&five (>$) normore than fifty (>') dollars as determined by the governing authority of theprogram and approved by the sentencing !udge, to the program to offset the costof participation by the offender# or($) pon the second or subsequent conviction for violating the provisions of 0

&1'&-'1, involving being under the influence of a controlled substance or controlledsubstance analogue, 0 +2&14&-1, involving the possession of a controlled substance, or 0

+2&14&--, involving the possession of a controlled substance analogue, participation in aprogram of rehabilitation at an alcohol or drug treatment facility, if available

(+) @estitution as provided in 0 &1'&-'+(d)(-) 7otwithstanding any other law to the contrary, if a person convicted of a

violation of 0 &1'&-'1 has a prior conviction for a violation of 0 &1'&-'1 within thepast five () years, the court shall order such person to undergo a drug and alcoholassessment and receive treatment as appropriate nless the court makes a specificdetermination that the person is indigent, the expense of such assessment and treatmentshall be the responsibility of the person receiving it 7otwithstanding the provisions of

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subdivision (b)(1)(3), if the court finds that the person is indigent, the expense or someportion of the expense may be paid from the alcohol and drug addiction treatment fundestablished in 0 -'&++&$11(c)($) pursuant to a plan and procedures developed by thedepartment of mental health and substance abuse services(b) %he sheriff of each county shall develop a written policy that permits alcohol and

drug treatment organi5ations to have reasonable access to persons confined in the county !ail or

workhouse convicted of or charged with a violation of this partSection 55-10-411

(a)


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($) ;%est; means any chemical test designed to determine the alcoholic or drugcontent of the blood %he specimen to be used for the test shall include blood, urine orbreath

(+) ;


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() ?rgani5ations that operate drug, alcohol, or co&occurring disorder treatmentprograms for the homeless or indigent#

(9) /gencies or organi5ations for purposes of drug testing of offenders who havebeen placed on misdemeanor probation# and,

(4) %he employment of a probation officer for the purposes of supervising drugand alcohol offenders

Section 55-10-413

(a) In addition to all other fines, fees, costs and punishments now prescribed by law, anignition interlock fee of forty dollars (>-') shall be assessed for each violation of 0&1'&-'1,which occurred on or after Euly 1, $'1' and resulted in a conviction for such offense

(b) In addition to all other criminal penalties, costs, taxes and fees now prescribed by law,any person convicted of violating the provisions of 0 &1'&-'1 will be assessed a fee of fivedollars (>''), to be paid into the state treasury and deposited to the credit of the fundestablished pursuant to 0 2&-&$'9

(c)(1) In addition to all other fines, fees, costs and punishments now prescribed by

law, an alcohol and drug addiction treatment fee of one hundred dollars (>1'') shall beassessed for each conviction for a violation of 0 &1'&-'1

($) /ll proceeds collected pursuant to subdivision (c)(1), shall be transmitted tothe commissioner of mental health and substance abuse services for deposit in the specialalcohol and drug addiction treatment fundJ administered by the department(d)

(1) In addition to all other fines, fees, costs and punishments now prescribed bylaw, in counties having a population of not less than three hundred thirty&five thousand(++,''') nor more than three hundred thirty&six thousand (++9,'''), or in countieshaving a population of more than seven hundred thousand (4'','''), according to the122' federal census or any subsequent federal census, a blood alcohol concentration test(3/%) fee in the amount of seventeen dollars and fifty cents (>14') will be assessedupon conviction of an offense of driving while intoxicated for each offender who hastaken a breath&alcohol test on an evidential breath testing unit provided, maintained and

administered by a law enforcement agency in the counties or where breath, blood or urinehas been analy5ed by a publicly funded forensic laboratory

($) In addition to all other fines, fees, costs and punishments now prescribed bylaw, in counties having a metropolitan form of government with a population greater thanone hundred thousand (1'','''), according to the 122' federal census or any subsequentfederal census, a 3/% fee in an amount to be established by resolution of the legislativebody of any county to which this subdivision (d)($) applies, not to exceed fifty dollars(>'''), will be assessed upon conviction of an offense of driving while intoxicated foreach offender who has taken a breath&alcohol test on an evidential breath testing unitprovided, maintained and administered by a law enforcement agency in the counties orwhere breath, blood or urine has been analy5ed by a publicly funded forensic laboratory

(+) %his fee shall be collected by the clerks of various courts of the counties and

forwarded to the county trustee on a monthly basis and designated for exclusive use bythe law enforcement testing unit of the counties if the 3/% was conducted on anevidential breath testing unit If the blood alcohol test was conducted by a publiclyfunded forensic laboratory, the fee shall be collected by the clerks of the various courts ofthe counties and forwarded to the county trustee on a monthly basis and designated forexclusive use by the publicly funded forensic laboratory

(-) In counties having a metropolitan form of government with a populationgreater than one hundred thousand (1'','''), according to the 122' federal census or anysubsequent federal census, this fee shall be collected by the clerks of the various courts of

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the counties and forwarded to the county trustee on a monthly basis If the 3/% wasconducted on an evidential breath testing unit, seventeen dollars and fifty cents (>14')of the fee shall be designated for exclusive use by the law enforcement testing unit of thecounty %he county trustee shall deposit the remainder of the fee in the general fund ofthe county If the blood alcohol test was conducted by a publicly funded forensiclaboratory, seventeen dollars and fifty cents (>14') of the fee collected by the clerks of

the various courts of the counties and forwarded to the county trustee on a monthly basisshall be designated for exclusive use by the publicly funded forensic laboratory %hecounty trustee shall deposit the remainder of the fee in the general fund of the county(e) 7otwithstanding any other law to the contrary, in any county having a population of

not less than three hundred seven thousand eight hundred (+'4,'') nor more than three hundredseven thousand nine hundred (+'4,2''), according to the $''' federal census or any subsequentfederal census, upon conviction for a violation of 0 &1'&-'1, 0 &1'&-1, 0 &1'&-$1 or 0 &'&-', the court shall assess against the defendant a blood alcohol concentration test (3/%) feeto be established by the county legislative body of any county to which this subsection (e) appliesin an amount not to exceed fifty dollars (>''') for obtaining a blood sample for the purpose ofperforming a test to determine the alcoholic or drug content of the defendant"s blood pursuant to 0&1'&-'9 that is incurred by the governmental entity served by the law enforcement agency

arresting the defendant %he fee authori5ed by this subsection (e) shall only be assessed if a bloodsample is actually taken from a defendant convicted of any of these offenses and the test isactually performed on the sample

(f)(1) In addition to all other fines, fees, costs and punishments now prescribed by

law, including the fee imposed pursuant to subsection (d), a blood alcohol or drugconcentration test (3/8%) fee in the amount of two hundred and fifty dollars (>$')shall be assessed upon a conviction for a violation of 0 +2&1+&1'9, 0 +2&1+&$1+(a)($), 0+2&1+&$1, 0 +2&14&-1 0 &1'&$' or 0 &1'&-'1, for each offender who has taken abreath alcohol test on an evidential breath testing unit provided, maintained andadministered by a law enforcement agency for the purpose of determining the breathalcohol content or has submitted to a chemical test to determine the alcohol or drug

content of the blood or urine($) %he fee authori5ed in subdivision (f)(1), shall be collected by the clerks of the

various courts of the counties and forwarded to the state treasurer on a monthly basis fordeposit in the %ennessee bureau of investigation (%3I) toxicology unit intoxicant testingfund created as provided in subsection (f)(+), and designated for exclusive use by the %3Ifor the purposes set out in subsection (f)(+)

(+) %here is created a fund within the treasury of the state, to be known as the%3I toxicology unit intoxicant testing fund

(/) Koneys shall be deposited to the fund pursuant to subsection (f)($),and as may be otherwise provided by law, and shall be invested pursuant to 0 2&-&9'+ Koneys in the fund shall not revert to the general fund of the state, butshall remain available for appropriation to the %ennessee bureau of investigation,

as determined by the general assembly(3) Koneys in the %3I toxicology unit intoxicant testing fund and

available federal funds, to the extent permitted by federal law and regulation,shall be used to fund a forensic scientist position in each of the three (+) bureaucrime laboratories, to employ forensic scientists to fill these positions, and topurchase equipment and supplies, pay for the education, training and scientificdevelopment of employees, or for any other purpose so as to allow the bureau tooperate in a more efficient and expeditious manner %o the extent that additionalfunds are available, these funds shall be used to employ personnel, purchase

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equipment and supplies, pay for the education, training and scientificdevelopment of employees, or for any other purpose so as to allow the bureau tooperate in a more efficient and expeditious manner

(g)(1) In addition to all other fines, fees, costs and punishments now prescribed by

law, including the fee imposed pursuant to 0 &1'&-'+(h), a blood alcohol or drug

concentration test (3/8%) fee in the amount of one hundred dollars (>1'') shall beassessed upon conviction for a violation of 0 +2&1+&1'9, 0 +2&1+&$1+(a)($), 0 +2&1+&$1or 0 &1'&-'1, if the blood or urine of the convicted person was analy5ed by a publiclyfunded forensic laboratory or other forensic laboratory operated by and located incounties having a population of not less than eighty&seven thousand nine hundred(4,2'') nor more than eighty&eight thousand (,'''), according to the $''' federalcensus or any subsequent federal census, for the purpose of determining the alcohol ordrug content of the blood

($) %he fee authori5ed in subdivision (g)($) shall be collected by the clerksof the various courts of the counties and shall be forwarded to the county trustees of thosecounties on a monthly basis and designated for the exclusive use of the publicly fundedforensic laboratory in those counties

Section 55-10-414:(a)

(1) %he vehicle used in the commission of a personDs second or subsequentviolation of 0 &1'&-'1, or the second or subsequent violation of any combination of 0&1'&-'1, and a statute in any other state prohibiting driving under the influence of anintoxicant, is sub!ect to sei5ure and forfeiture in accordance with the procedureestablished in title -', chapter ++, part $ %he department of safety is designated as theapplicable agency, as defined by 0 -'&++&$'$, for all forfeitures authori5ed by thissubsection (a)

($) In order for subdivision (a)(1) to be applicable to a vehicle, the violationmaking the vehicle sub!ect to sei5ure and forfeiture must occur in %ennessee and at leastone (1) of the previous violations must have occurred within five () years of the current

violation(+) It is the specific intent that a forfeiture action under this section shall serve a

remedial and not a punitive purpose %he purpose of the forfeiture of a vehicle after apersonDs second or subsequent 8I violation is to prevent unscrupulous or incompetentpersons from driving on %ennesseeDs highways while under the influence of alcohol ordrugs 8riving a motor vehicle while under the influence of alcohol or drugs endangersthe lives of innocent people who are exercising the same privilege of riding on the stateDshighways %here is a reasonable connection between the remedial purpose of thissection, ensuring safe roads, and the forfeiture of a motor vehicle hile this sectionmay serve as a deterrent to the conduct of driving a motor vehicle while under theinfluence of alcohol or drugs, it is nonetheless intended as a remedial measureKoreover, the statute serves to remove a dangerous instrument from the hands of

individuals who have demonstrated a pattern of driving a motor vehicle while under theinfluence of alcohol or drugs

(-) ?nly C?%&certified or state&commissioned law enforcement officers willbe authori5ed to sei5e these vehicles under this section

Section 55-10-415

(a)(1) / person age sixteen (19) or over but under age twenty&one ($1) may not

drive or be in physical control of an automobile or other motor driven vehicle while:

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(/) %he alcohol concentration in the person"s blood is more than twohundredths of one percent (''$*)#

(3) nder the influence of alcohol#(.) nder the influence of any intoxicant, mari!uana, narcotic drug, or

drug producing stimulating effects on the central nervous system# or,(8) nder the combined influence of alcohol and any other drug set out

in subdivision (a)(1)(.) to a degree that makes the person"s driving abilityimpaired($) $') /s additional punishment, the court may impose public service work

($) %he delinquent act of underage driving while impaired for a person agesixteen (19) or over but under the age of eighteen (1) is punishable only by a driverlicense suspension of one (1) year and by a fine of two hundred fifty dollars (>$') /sadditional punishment, the court may impose public service work(e) / person age sixteen (19) or over but under the age of eighteen (1) who commits the

offense of underage driving while impaired commits a delinquent act

Section 55-10-417

(a)

(1)(/) / court may order the installation and use of an ignition interlock

device for any conviction of 0 &1'&-'1, if the driver"s license is no longersuspended or revoked or the driver does not have a prior conviction as defined in0 &1'&-' %he restriction may apply for up to one (1) year after the personDslicense is reinstated

(3) %he provisions of this subdivision (a)(1), authori5ing the court toorder an ignition interlock device for a violation of 0 &1'&-'1, shall only applywhen the court is not otherwise required to order an ignition interlock device bythis part($) If a person is convicted of a first offense of 0 &1'&-'1, and the person is not

required to operate only a motor vehicle with an ignition interlock device pursuant to 0

&1'&-'2(b)($)(3), and the person is otherwise eligible for a restricted license pursuantto 0 &1'&-'2(b)(1)(/), such person may request and the court may order theinstallation and use of an ignition interlock device in lieu of geographic restrictions oradditional limitations on the restricted license / person so requesting shall pay all costsassociated with the ignition interlock device and no funds from the interlock assistancefund shall be used to pay any cost associated with the device, regardless of whether or notthe person is indigent

(+) If a person is ordered to install and use the device due to the requirements of0 &1'&-'2 or subsection (a)(1), subsection (a)($), or subsection (l) due to a violation of

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either 0 &1'&-'1 or 0 &1'&-'9, the restriction shall be a condition of probation orsupervision for the entire period of the restriction(b) pon ordering a functioning ignition interlock device pursuant to 0 &1'&-'2 or

subsection (a)(1), subsection (a)($) or subsection (l) the court shall establish a specific calibrationsetting of two&hundredths of one percent (''$*) blood alcohol concentration at which thefunctioning ignition interlock device will prevent the motor vehicle from being started

(c) pon ordering the use of a functioning ignition interlock device pursuant to 0 &1'&-'2 or subsection (a)(1), subsection (a)($), or subsection (l) the court shall:

(1) tate on the record the requirement for and the period of use of the device andso notify the department of safety#

($) 7otify the department of corrections, the department of safety or any otheragency, department, program, group, private entity or association that is responsible forthe supervision of the person ordered to drive only a motor vehicle with a functioningignition interlock device#

(+) 8irect that the records of the department reflect:(/) %hat the person may not operate a motor vehicle that is not equipped

with a functioning ignition interlock device# and(3) hether the court has expressly permitted the person to operate a

motor vehicle without a functioning ignition interlock device for employmentpurposes under subsection (m)# and(-) 8irect the department to attach or imprint a notation on the motor vehicle

operator"s license of any person restricted under this section, stating that the person mayoperate only a motor vehicle equipped with a functioning ignition interlock device(d) pon the court ordering a person to operate only a motor vehicle equipped with a

functioning ignition interlock device pursuant to 0 &1'&-'2, subsection (a)(1) or subsection (l),the court, the department of corrections or any other agency, department, program, group, privateentity or association that is responsible for the supervision of such person shall:

(1) @equire proof of the installation of the functioning ignition interlock deviceon at least one (1) motor vehicle operated by such person#

($) @equire periodic reporting by the person for verification of the proper

operation of the functioning ignition interlock device#(+) @equire the person to have the system monitored for proper use and accuracy

by an entity approved by the department of safety at least every thirty (+') days, or morefrequently as the circumstances may require# and

(-) 7otify the court of any of the person"s violations of this part(e)

(1) If a person is ordered to drive only a motor vehicle with a functioning ignitioninterlock device, and such person owns or operates more than one (1) motor vehicle, thecourt shall also order the person to elect a motor vehicle such person will operateexclusively during the interlock period and order the device to be installed on such motorvehicle prior to applying for a motor vehicle operator"s license of any kind and shall showproof of such installation and operation of such device at the time of making application

for a motor vehicle operator"s license to the department of safety or to the court / personmay elect to have a functioning interlock device installed on more than one (1) motorvehicle

($) If the motor vehicle that the person has elected to exclusively operate duringthe interlock period is no longer being used by such person, the person shall have anyreplacement motor vehicle exclusively used by such person installed with a functioningignition interlock device and notify the department of safety and any agency, department,program, group, private entity or association that is responsible for the supervision ofsuch person

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(f) / person prohibited under this part from operating a motor vehicle that is notequipped with a functioning ignition interlock device shall not solicit or have another personattempt to start or start a motor vehicle equipped with such a device

(g) / person shall not attempt to start or start a motor vehicle equipped with a functioningignition interlock device for the purpose of providing an operable motor vehicle to a person whois prohibited under this section from operating a motor vehicle that is not equipped with a

functioning ignition interlock device(h) / person shall not tamper with, or in any way attempt to circumvent, the operation of

a functioning ignition interlock device that has been installed in a motor vehicle(i ) / person shall not knowingly provide a motor vehicle not equipped with a

functioning ignition interlock device to another person who the provider of the vehicle knows orshould know is prohibited from operating a motor vehicle not equipped with a functioningignition interlock device

(!) 6xcept as provided in subdivision (k)(-), a person who violates subsections (g), (h), (i)or (!) commits a .lass / misdemeanor:

(1) If the violation is the person"s first violation, such person shall be sentenced toa minimum of forty&eight (-) hours of incarceration

($) If the violation is the person"s second violation, such person shall be

sentenced to a minimum of seventy&two (4$) hours of incarceration(+) If the violation is the person"s third or subsequent violation, such person shall

be sentenced to a minimum of seven (4) consecutive days of incarceration(-) %he penalty provisions of this subsection shall not apply if:

(/) %he starting of a motor vehicle, or the request to start a motorvehicle, equipped with a functioning ignition interlock device is done for thepurpose of safety or mechanical repair of the device or the vehicle, and theperson sub!ect to the court order does not operate the vehicle# or

(3) %he court finds that a person is required to operate a motor vehicle inthe course and scope of the person"s employment, the requirements set out insubsection (m) are met, the vehicle is owned by the employer, and the vehicle isbeing operated by the person during regular working hours for the purposes of

employment(k) If a person convicted of a violation of 0 &1'&-'1 has a prior conviction as defined in

0 &1'&-' within the past five () years, the court shall order the person, or the department ofsafety shall require the person prior to issuing a motor vehicle operator"s license of any kind, tooperate only a motor vehicle, after the license revocation period, which is equipped with afunctioning interlock device for a period of six (9) months

(l)(1) /ny person ordered to operate only a motor vehicle equipped with a

functioning ignition interlock device pursuant to 0 &1'&-'2, subsection (a)(1) orsubsection (l) may, solely in the course of employment, operate a motor vehicle, which isowned or provided by such person"s employer, without installation of a functioningignition interlock device, if:

(/) %he court expressly permits such operation#(3) %he employer has been notified of such driving privilege restriction#

and(.) Croof of the notification set out in subdivision (m)(1)(3) is within the

vehicle, provided to the court and provided to the person"s probation officer orthe person responsible for the supervision of the defendant($) If a court permits a person to operate a vehicle pursuant to subdivision (m)(1),

the court may also place additional driving restrictions on such person that the courtdeems necessary to ensure compliance with this section

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(+) ubdivision (m)(1) shall not apply if such employer is an entity wholly orpartially owned by the person sub!ect to this section If such employer is an entity whollyor partially owned by the person sub!ect to the provisions of this section, the person shallbe required to drive only a motor vehicle with a functioning ignition interlock device andno such employer exemption shall be available to such person

Section 55-10-418

(a) 1'') per month for leasing, purchasing, monitoring, removing andmaintaining an ignition interlock device(b) 3y Euly 1, $'1$, the department of safety shall establish, through rules and

regulations promulgated in accordance with the niform /dministrative Crocedures /ct,compiled in title -, chapter :

(1) %he maximum fees that may be charged for installing, leasing, purchasing,monitoring, removing and maintaining an ignition interlock device# and,

($) @equirements that ensure that certified ignition interlock providers have the

ability to provide devices to any resident in the state(c)

(1)


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of representatives the number of offenders who have, in the previous year, had installed on theirmotor vehicles functioning ignition interlock devices and whether the installation of each devicewas pursuant to the requirement set out in:

(1) 0 &1'&-'2(b)($)(3)#($) 0 &1'&-'2(b)($)(8)#(+) 0 &1'&-'2(d)(1)#

($) 0 &1'&-14 (a)(1)# or,() 0 &-'&-14(l)

(g)


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(/) 00 &1'&-'2(b)($) or &1'&-'2(d)(1) shall be ineligible for arestricted license# or,

(3) 00 &1'&-14(a)(1) or (l) shall be ineligible to have such person"slicense reinstated($) If at any time during the period in which an indigent person is not eligible for

a restricted license or reinstatement of the person"s motor vehicle operator"s license due to

subdivision (f)(1), such person may petition the court to have a portion or all of the costsof the ignition interlock device paid by funds from the interlock assistance fund if at anytime funds become available(g)

(1) /ll proceeds collected pursuant to 0 &1'&-1+(a) shall be transmitted to thetreasurer for deposit in the interlock assistance fund

($) %he fee assessed pursuant to subdivision 0 &1'&-1+(a) shall be allocated asfollows:

(/) %hirty dollars and fifty cents (>+'') to the interlock assistance fundfor the purpose of paying for all the costs associated with the lease, purchase,installation, removal and maintenance of such device or with any other cost orfee associated with a functioning ignition interlock device required by title ,

chapter 1', part - for persons found to be indigent by the court# and(3) -') to the %ennessee hospital

association for the sole purposes of making grants to hospitals that have beendesignated as critical access hospitals under the Kedicare rural flexibilityprogram for the purposes of purchasing medical equipment, enhancing hightechnology efforts and expanding healthcare services in underserved areas#

(.) ?ne dollar twenty&five cents (>1$) to the department of mentalhealth and substance abuse services to be placed in the alcohol and drugaddiction treatment fund#

(8) ?ne dollar twenty&five cents (>1$) to the department of finance andadministration, office of criminal !ustice programs, for the sole purpose offunding grant awards to local law enforcement agencies for purposes of obtaining

and maintaining equipment and personnel needed in the enforcement of alcoholrelated traffic offenses#

(6) ?ne dollar twenty&five cents (>1$) to the department of safety to beused to defray the expenses of administering this act# and

(1$) to the department of finance andadministration, office of criminal !ustice programs, for the sole purpose offunding grant awards to halfway houses whose primary focus is to assist drugand alcohol offenders In order for a halfway house to qualify for such grantawards it shall provide:

(i) 7o less than sixty (9') residential beds monthly withoccupancy at no less than ninety&seven percent (24*) per month, or if ahalfway house with nonresidential day reporting services, it shall serve

no less than two hundred ($'') adults monthly#(ii) afe and secure treatment facilities, and treatment to

include moral recognition therapy, B68 course work, anger managementtherapy, and domestic and family counseling# and

(iii) %ransportation to and from work, mental health ormedical appointments for each of its residents

(+)(/) 3eginning in fiscal year $'1+&$'1- any surplus in the interlock

assistance fund shall be allocated as follows:

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(i) ixty percent (9'*) of such surplus shall be used bythe %ennessee =ospital /ssociation for the sole purposes of makinggrants to hospitals that have been designated as critical access hospitalsunder the Kedicare rural flexibility program for the purposes ofpurchasing medical equipment, enhancing high technology efforts andexpanding healthcare services in underserved areas#

(ii) %wenty percent ($'*) of such surplus shall betransmitted to the department of mental health and substance abuseservices and placed in the alcohol and drug addiction treatment fund# and

(iii) %wenty percent ($'*) of such surplus shall be usedby the department of finance and administration, office of criminal!ustice programs, to provide grants to local law enforcement agencies forpurposes of obtaining and maintaining equipment or personnel needed inthe enforcement of alcohol related traffic offenses(3) 3eginning on Euly 1, $'1+, and annually thereafter, the treasurer

shall conduct an analysis to determine the solvency of the interlock assistancefund %he treasurer may declare a surplus if the analysis determines that there is abalance in excess of the amount necessary to maintain the solvency of the fund,

and shall report the amount of any surplus to the commissioner of finance andadministration for inclusion in the annual budget document prepared pursuant totitle 2, chapter -, part 1

(h)


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removal service have been performed, but the fee shall be collected before the officecertifies that the offender has completed this condition of probation %he !udge has theauthority, however, to make an affirmative finding that the offender lacks a presentability to pay the fee and to include such finding in the sentencing order, which shall besubmitted to the probation office or county official that administers the state litterremoval grant

(+) pon request, the probation office or county official who administers thestate litter removal grant shall provide the offender with a schedule of the times and dateswhen litter removal crews will be working .rews shall only be scheduled to work duringdaylight hours and only on public roadways or publicly&owned property %he probationoffice or county official who administers the state litter removal grant should attempt toprovide enough opportunities to work on a litter removal crew that an offender maycomplete the required three (+) days of litter removal within a ninety&day period?ffenders may work with other prisoners on litter removal crews organi5ed by the countyor a municipality within the county %he offender shall notify the probation office not lessthan twenty&four ($-) hours in advance of a scheduled work date to indicate that theoffender desires to participate %he probation office or county official who administersthe state litter removal grant may set a maximum number of participants on a work crew

and allow participation on a first&come, first&served basis %he offender is responsible forarranging transportation to and from the work site or other location where the probationoffice directs offenders to report 6xcept for the vest required by subdivision (-),offenders are also responsible for furnishing their own clothing and food while engagedin litter removal

(-) 6ach offender ordered to remove litter pursuant to 0 &1'&-'$(a)(1) shall berequired to wear a bla5e orange or other distinctively colored vest with the words ;I /K/ 8@7L 8@IM6@; stenciled or otherwise written on the back of the vest, in letters noless than four inches (-"") in height

() It shall be within the discretion of the probation office or county official whoadministers the state litter removal grant to select the public roadways or publicly&ownedproperty from which offenders remove litter If the highway selected is a state route

highway or state&owned public property, the department of transportation shall provide atruck or trucks to remove the litter removed by the offenders If the highway selected is astate&aid highway or county&owned public property, the appropriate county shall providea truck or trucks to remove the litter removed by the offenders

(9) %he probation office or county official who administers the state litterremoval grant may enter into agreements with any city or municipality located within thecounty in which offenders sentenced pursuant to this section may be used to remove litterfrom state route highways or state&aid highways located within the limits of the city ormunicipality %he agreement may provide that the city or municipality assumeresponsibility for the supervision and control of the offenders

(4) If any entity receives funds under 0 -1&$&1$+(c), the offenders shall be theresponsibility of the entity supervising that program and under that entity"s supervision

and control In any county where that is the case, ;probation office; as used in thissection shall be interpreted instead to mean the individual or department head in chargeof the alternative program

() 7o probation office or county official who administers the state litter removalgrant shall be permitted to use an offender sentenced pursuant to this subsection (s) toperform any task other than litter removal

(2) 7othing in this subsection shall be construed to require that the department ofcorrection supervise 8I offenders engaged in the 8I offender litter removal programestablished by this section or otherwise be involved in such program

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Section 55-10-421

/ll documents, records, identifying information, monitoring data or results and other informationrecorded, collected, maintained, transmitted or stored by an Ignition Interlock Crovider about orconcerning an Interlock Crogram Carticipant is confidential and not available for public inspection /llsuch information shall retain its confidentiality when it is transmitted, electronically or otherwise,maintained and stored, examined or used by a Konitoring /uthority ?nly authori5ed employees of an

Ignition Interlock Crovider or Konitoring /uthority may view any document made confidential by thissectionection &1'&-$$

(a) 6ffective Euly 1, $''+, the offense of adult driving while impaired is repealed(b) 7othing in the repeal of the offense of adult driving while impaired shall be construed

to prohibit or prevent the use of any conviction for the offense occurring prior to Euly 1, $''+, forany of the purposes set out in 00 &1'&-', &1'&-'9, &1'&-'2, &1'&-11(b)($), &1'&9'+($)(/)(x) or &'&'$(c)(+)(3)(ii)

2013 DUI Reorganization Bill With Interlock

Documents

Transcript of 2013 DUI Reorganization Bill With Interlock