Sec. 4007. Amendment to repeat offender and open container criteria
600 words·~3 min read·
/bill/114/hr/2410/ih/section-4007·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 164(a) of title 23, United States Code, is amended— by redesignating paragraphs
(1)through
(4)as paragraphs
(2)through (5), respectively; by inserting before paragraph (2), as redesignated, the following: The term 24–7 sobriety program means a State law or program that authorizes a State court or a State agency to— require an individual who plead guilty or was convicted of driving under the influence of alcohol to totally abstain from alcohol for a period of time; and require the individual to be subject to testing for alcohol— at least twice per day; or by continuous transdermal alcohol monitoring via an electronic monitoring device. ; in paragraph (5), as redesignated, by striking subparagraph
(A)and inserting the following: receive, for a period of not less than 1 year, one or more of the following penalties— a suspension of all driving privileges; a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed; a requirement to participate in a 24–7 sobriety program, if— a State-certified ignition interlock provider is not available within 100 miles of the individual’s residence; or the individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual; or any other restriction established by regulations promulgated by the Secretary; ; in paragraph (5), as redesignated, by striking subparagraph (B); and in paragraph (5), as redesignated, by redesignating subparagraphs
(C)and
(D)as subparagraphs
(B)and (C), respectively. Section 164(b) of title 23, United States Code, is amended— in paragraph (2)(A), by striking among the uses authorized under subparagraphs
(A)and
(B)of paragraph (1), and paragraph (3). and inserting among the uses authorized under subparagraphs
(A)and
(B)of paragraph (1), paragraph (3), and, beginning in fiscal year 2016, subparagraph (C). ; and by inserting the following after paragraph (2)(B): Beginning in fiscal year 2016, of the funds transferred under subparagraph (B)(i)— not less than 5 percent shall be expended for pedestrian and bicycle safety activities if the State’s combined pedestrian and bicycle fatalities exceed 5 percent of the State’s total crash fatalities, based on the most recently reported final data from the Fatality Analysis Reporting System; and not more than 60 percent may be directed to State and local law enforcement agencies for enforcement of laws that can lead to the detection of impaired drivers, including the purchase of equipment, the training of officers, and the use of additional personnel dedicated to enforcement. . Section 154(c) of title 23, United States Code, is amended— in paragraph (2)(A), by striking use those reserved funds in accordance with subparagraphs
(A)and
(B)of paragraph
(1)and paragraph (3). and inserting use those reserved funds in accordance with subparagraphs
(A)and
(B)of paragraph (1), paragraph (3), and, beginning in fiscal year 2016, subparagraph (C). ; and by inserting the following after paragraph (2)(B): Beginning in fiscal year 2016, of the funds transferred under subparagraph (B)(i)— not less than 5 percent shall be expended for pedestrian and bicycle safety activities if the State’s combined pedestrian and bicycle fatalities exceed 5 percent of the State’s total crash fatalities, based on the most recently reported final data from the Fatality Analysis Reporting System; and not more than 60 percent may be directed to State and local law enforcement agencies for enforcement of laws that can lead to the detection of impaired drivers, including the purchase of equipment, the training of officers, and the use of additional personnel dedicated to enforcement. .