Amendment ID: S2204-2-R1

Redraft Amendment 2

Ignition Interlocks

Mr. Tarr, Ms. Comerford, Messrs. Moore and O'Connor move that the proposed new draft be amended by inserting at the end thereof the following new sections:-

SECTION _. Subparagraph (1) of paragraph (c) of section 24 of said chapter 90, as appearing in the 2016 Official Edition, is hereby amended by striking subparagraph (1) and inserting in place thereof the following subparagraph:-

(1)  Where the license or right to operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and such person has not been convicted of a like offense or has not been assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the date of the commission of the offense for which he has been convicted, the registrar shall not restore the license or reinstate the right to operate to such person unless the prosecution of such person has been terminated in favor of the defendant, until one year after the date of conviction; provided, however, that such person may, after the expiration of three months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or educational purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of six months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license. Any operator who does not seek or is not granted a hardship license under this section shall be required to have an ignition interlock restriction for a period of not less than six months following reinstatement of their license or right to operate.

SECTION 25. Section 24½ of said chapter 90, as appearing in the 2016 Official Edition, is hereby amended by striking the third sentence and inserting in place thereof the following new sentence:-

The registrar may, after hearing, impose administrative sanctions including extending the period of time that an operator has an ignition interlock device restriction on their license or revoking the license and right to operate of the individual for a period of time up to a lifetime loss, for conditions including, but not limited to,  whoever removes such device or fails to have it inspected, maintained or monitored on at least 2 occasions during the period of the restricted license or right to operate if the licensee has operated or attempted to operate a vehicle with a blood alcohol level that caused the certified ignition interlock device to prohibit a vehicle from starting on at least 2 occasions or that recorded a blood alcohol level in excess of.02 on at least 2 occasions.

SECTION _. The first paragraph of section 24D of said chapter 90 is hereby amended by striking in the first sentence the words “forty-five nor more than ninety days;” and inserting in place thereof the following:- 6 months nor more than 1 year;

SECTION _. The fourth paragraph of said section 24D of said chapter 90 is hereby amended by striking the third sentence and inserting in place thereof the following sentences:-

The registrar, at the registrar’s discretion, may issue such license under such terms and conditions as the registrar may prescribe; provided, however, that any such license shall include a mandatory restriction that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license. Any operator who does not seek or is not granted a hardship license under this section shall be required to have an ignition interlock restriction for a period of not less than 6 months following reinstatement of their license or right to operate.