A2355

An Act concerning the installation of ignition interlock devices and amending P.L.1999, c.417.

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

1. Section 2 of P.L.1999, c.417 (C.39:4-50.17) is amended to read as follows:

2 a. (1) Except as provided in paragraph (2) of this subsection, 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 ignition interlock device in [the] a motor vehicle [principally operated] owned or leased by the offender following the expiration of the period of license suspension imposed under that section. In sentencing a first offender under section 2 of P.L.1981, c.512 (C.39:4-50.4a), the court shall order, in addition to any other penalty imposed by that section, the installation of an ignition interlock device in [the] a motor vehicle [principally operated] owned or leased by the offender [during and] following the expiration of the period of license suspension imposed under that section. The device shall remain installed for not less than six months or more than one year, commencing immediately upon the return of the offender's driver's license after the required period of suspension has been served.

(2) If the first offender's blood alcohol concentration is 0.15% or higher, the court shall order, in addition to any other penalty imposed under R.S.39:4-50, the installation of an ignition interlock device in [the] a motor vehicle [principally operated] owned or leased by the offender [during and] following the expiration of the period of license suspension imposed under that section. [In addition to installation during the period of license suspension, the] The device shall remain installed for not less than six months or more than one year, commencing immediately upon the return of the offender's driver's license after the required period of suspension has been served.

b. In sentencing a second or subsequent offender under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the court shall order, in addition to any other penalty imposed by that section, the installation of an ignition interlock device in [the] a motor vehicle [principally operated] owned or leased by the offender [during and] following the expiration of the period of license suspension imposed under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a). [In addition to installation during the period of license suspension, the] 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 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. If the offender does not own or lease a motor vehicle at the time of the order, the ignition interlock device shall be installed when the offender purchases or leases a motor vehicle.

d. 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.

e. The provisions of P.L.1999, c.417 (C.39:4-50.16 et al.) and any amendments and supplements thereto shall be applicable only to violations of R.S.39:4-50 and section 2 of P.L.1981, c.512 (C.39:4-50.4a).

(cf: P.L.2009, c.201, s.2)

2. Section 3 of P.L.1999, c.417 (C.39:4-50.18) is amended to read as follows:

3. 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 [,] or leased [or regularly operated] by the person. The division shall require that the device be installed before reinstatement of the person's driver's license that has been suspended pursuant to R.S.39:4-50. 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.

(cf: P.L.1999, c.417, s.3)

3. Section 4 of P.L.1999, c.417 (C.39:4-50.19) is amended to read as follows:

4. a. A person who fails to install an interlock device ordered by the court in a motor vehicle owned [,] or 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; or

(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 [,] or leases [or regularly operates].

c. The provisions of subsection b. of this section shall not apply if a motor vehicle required to be equipped with an ignition interlock device is started by a person for the purpose of safety or mechanical repair of the device or the vehicle, provided the person subject to the court order does not operate the vehicle.

(cf: P.L.2009, c.201, s.3)

4. This act shall take effect on the first day of the sixth month after enactment.

STATEMENT

“Ricci’s Law” (P.L.2010, c.201) revised and expanded the requirements concerning the installation of ignition interlock devices on motor vehicles “principally operated” by certain persons convicted of drunk driving or refusing the breath test. This bill narrows the applicability of that law so that the device must be installed only on a vehicle owned or leased by the offender.

“Ricci’s Law” also required that the ignition interlock device be installed during the period of driver’s license suspension. This bill deletes that requirement from the law. The offender would be required to have the device installed only for the period mandated under the statute after restoration of the offender’s driver’s license.

This bill also provides that an offender who does not own or lease a motor vehicle at the time of the court order to install the ignition interlock device is required to install the device when that offender purchases or leases a motor vehicle.