2001 SESSION

01-0227

03/09

HOUSE BILL 211-FN

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes a restricted probationary permit, which may be issued to a licensee during the time of suspension for refusing to consent to testing to determine alcohol concentration. The licensee may only apply for the permit after serving all other periods of suspension and revocation, and may only operate a motor vehicle consistently with the restrictions in the permit.

This bill also makes technical corrections to the alcohol ignition interlock laws.

This bill is a request of the committee established by 1999, 334.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0227

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Motor Vehicles; Rules of the Road; Serious Traffic Offenses; Restricted Probationary Permit. Amend RSA 265 by inserting after section 92-a the following new section:

265:92-b Restricted Probationary Permit.

I. Notwithstanding the provisions of RSA 265:91-c and RSA 265:92, any licensee whose license or privilege to drive has been revoked under RSA 265:82-b and who has served all other periods of suspension or revocation, but whose license or privilege to drive remains suspended under the provisions of RSA 265:92 only, may apply for a review by the director to determine if a restricted probationary permit to drive may be issued for the remaining period of the suspension.

II. Upon proper application and proof that the licensee can safely drive a motor vehicle during the time of suspension under RSA 265:92, and following a hearing on such application, the director may issue a restricted probationary permit to drive. The director may impose such restrictions applicable to the licensee as the director determines to be appropriate to assure the safe driving of a motor vehicle by the licensee. The restrictions may include the operation of a motor vehicle during certain hours only. If the director issues an order granting a restriction as to the hours of operation, the licensee may only drive a motor vehicle during such hours.

III. Upon receiving satisfactory evidence of any violation of the restrictions imposed in a restricted probationary permit, the director may revoke the permit and the licensee shall remain under suspension pursuant to RSA 265:92, provided, however, that if the director revokes the permit the department shall grant an application for a hearing.

IV. Any subsequent license suspension or revocation shall immediately nullify the restricted probationary permit.

V. A person is guilty of an offense if the person drives a motor vehicle in any manner in violation of the restrictions imposed in a restricted probationary permit. Any operation of a motor vehicle outside the time period for the restricted privileges or after the revocation of a restricted probationary permit shall constitute a violation of RSA 263:64, and the person shall be guilty of a misdemeanor.

2 Technical Correction; Renumbering of Alcohol Ignition Interlock Laws. The director of legislative services is hereby authorized to renumber the provisions of the Alcohol Ignition Interlock Program subdivision, enacted as RSA 265:82-e - 82-g, to read as RSA 265:93-a - 93-c, in order to correct the placement of the subdivision within RSA 265. The director of legislative services is authorized to make technical corrections to any RSA sections amended or inserted by 2000, 287 or any other act as necessary to accommodate the renumbering herein. The authority granted to the director of legislative services under this section shall not include the power to make any substantive changes.

3 Effective Date. This act shall take effect January 1, 2002.

LBAO

01-0227

1/11/01

HB 211-FN - FISCAL NOTE

FISCAL IMPACT: