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HOUSE PROPOSAL OF AMENDMENT 2007-2008

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S.168

An act relating to operating a motor vehicle under the influence of alcohol or drugs

The House proposes to the Senate to amend the bill by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  23 V.S.A. § 1130a is added to read:

§ 1130A.  PERMITTING UNDULY DANGEROUS PERSON TO OPERATE

(a)    No person shall knowingly and voluntarily permit a motor vehicle owned by him or her or under his or her control to be operated by a person:

(1)  whom the person permitting the operation knows or should know is under the influence of alcohol or one or more drugs as defined in subdivision 1200(2) of this title; or

(2)  whose license or privilege to operate a motor vehicle has been revoked, suspended or refused by the commissioner of motor vehicles for a violation of subsections 1091(b) or section 1201 or a suspension under section 1205 of this title, if the person permitting the operation knows of the revocation, suspension, or refusal.

(b)  Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section shall be fined not more than $1,000.00.

(c)  A person who violates subsection (a) of this section shall be fined not more than $5,000.00 or imprisoned not more than two years, or both, if the person who was permitted to operate the vehicle causes an accident which results in death or serious bodily injury as defined in 13 V.S.A.§ 1021(2) to any person other than the operator.  The provisions of this subdivision do not limit or restrict prosecutions for manslaughter.

(d)  For purposes of this section, a person may assert as an affirmative defense a necessity defense, including that threat or coercion was used by the operator to obtain permission from the person to operate the motor vehicle.

Sec. 2.  23 V.S.A. § 1200 is amended to read:

§ 1200.  DEFINITIONS

As used in this subchapter,:

* * *

(2)  “Drug” means:

(A)  a regulated drug as defined in section 4201 of Title 18; or

(B)  any substance or combination of substances, other than alcohol, which affects the nervous system, brain, or muscles of a person so as to impair, noticeably and appreciably, a person’s ability to drive a vehicle safely.  

* * *

Sec. 3.  ALCOHOL IGNITION INTERLOCKS STUDY:  MULTIPLE DUI

             AND HIGH BLOOD-ALCOHOL-CONTENT FIRST OFFENSE DUI

(a)  The Vermont sentencing commission shall study the issue of implementing a system of alcohol ignition interlocks in Vermont for persons with multiple DUI convictions, as well as for first time DUI offenders with high blood-alcohol-content levels at the time of arrest.  The commission may consult with any other persons and entities able to assist the study, and shall:

(1)  gather and analyze information about alcohol ignition interlock systems, and review current practices regarding use of the systems in other states;

(2)  study the feasibility of having the costs of alcohol ignition interlock systems be borne by DUI offenders;

(3)  study the net costs of implementing an alcohol ignition interlock system in Vermont, including the availability of federal funding for that purpose; and

(4)  study the advisability and feasibility of implementing a system of conditional driver’s licenses in Vermont, and the advisability of lowering the .04 blood alcohol limit on commercial driver’s licenses.

(b)  The commission shall report its findings and make recommendations to the senate and house committees on judiciary no later than December 15, 2008. 

Sec. 4.  LAW ENFORCEMENT ROADSIDE ACCESS TO DEPARTMENT

          OF CORRECTION RECORDS

The department of public safety, the department of corrections, and the department of motor vehicles shall collaborate to develop and implement procedures allowing law enforcement officers roadside access to department of corrections records, including records regarding probation, parole, and conditions of release.  The departments shall make a report to the senate and house committees on judiciary no later than December 15, 2008.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us