hb 1460

CHAPTER 136

HB 1460-FN - FINAL VERSION

AN ACT relative to penalties for alcohol-and drug-related offenses.

SPONSORS: Rep. Tholl, Coos 5; Rep. Almy, Graf 14; Rep. Welch, Rock 18; Sen. Below, Dist 5; Sen. Pignatelli, Dist 13; Sen. Gordon, Dist 2

I. Requires payment of all obligations resulting from alcohol-and drug-related offenses prior to driver's license renewal.

II. Permits a court to revoke or deny a driver's license or driving privileges for a person not yet 21 years of age for any offense involving the sale, possession, use, or abuse of alcohol, controlled drugs, or a controlled drug analog.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to penalties for alcohol-and drug-related offenses.

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

136:1 Off Highway Recreational Vehicles; Payment of All Obligations Prior to Restoration; Renewal Added. Amend RSA 215-A:11-l to read as follows:

215-A:11-l Payment of All Obligations Prior to Restoration or Renewal. The provisions of RSA 265:82-d, relative to payment of all obligations prior to restoration or renewal, shall apply to any person convicted of a violation of RSA 215-A:11.

136:2 Drivers' Licenses; Revocation or Denial for Drugs or Alcohol Involvement. Amend RSA 263:56-b to read as follows:

I. Any person who is [~~15 years of age or older and~~] not yet [18] 21 years of age on the date of the incident, who is convicted, found to be delinquent under RSA 169-B, or found to be in need of services under RSA 169-D, for any offense involving the sale, possession, use, or abuse of alcohol or of controlled drugs as defined in RSA 318-B:1, VI, or of a controlled drug analog as defined under RSA 318-B:1, VI-a, may at the discretion of the court be subject to the revocation or denial of a driver's license or privilege to drive as provided in this section. Notwithstanding RSA 169-B:35 or any other law regarding confidentiality, any court which convicts or makes a finding that an offense described in this section has occurred involving a person who meets the age limits specified in this section shall forward a notice of such conviction or finding to the director. The director shall maintain the confidentiality of notices received.

II. The director shall revoke the driver's license or privilege to drive or deny an application for a license for not less than 90 days but not more than one year on the first finding or conviction under paragraph I, and not less than 6 months but not more than 2 years for a subsequent finding or conviction; provided, however, that the director shall not revoke or deny a license or privilege to drive under this paragraph without first giving the person an opportunity for a hearing. In the case of denial of an application for a license, the period imposed shall begin on the date the person is eligible by age for the issuance of a license.

III. Any person who is 15 years of age or older and not yet 18 years of age on the date of the incident, and who is convicted, found to be delinquent under RSA 169-B, or found to be in need of services under RSA 169-D, for the offense of possession with intent to sell controlled drugs as defined in RSA 318-B:1, VI or a controlled drug analog as defined under RSA 318-B:1, VI-a, shall be subject to revocation or denial of a driver's license or privilege to drive for a mandatory period of at least one year and a maximum period of up to 5 years. In the case of denial of an application for a license under this section, the period imposed shall begin on the date the person is eligible by age for the issuance of a license.

IV. The driver's license or privilege to drive of any person who is 18 years of age or older on the date of the incident, and who is convicted of the offense of possession with intent to sell controlled drugs as defined in RSA 318-B:1, VI or a controlled drug analog as defined under RSA 318-B:1, VI-a, may be revoked, at the discretion of the court, for any period of time, including for life. Any person convicted of such offense may be denied a driver's license or privilege to drive at the discretion of the court, for any period of time, including for life. The court of relevant jurisdiction shall have the discretion to determine when the revocation shall begin.

136:3 Driving After Revocation or Suspension; Applicability. Amend RSA 263:64, I-II to read as follows:

I. No person shall drive a motor vehicle in this state [~~after~~] while the person's driver's license or privilege to drive is suspended or revoked by action of the director or the justice of any court in this state, or competent authority in the out-of-state jurisdiction where the license was issued [~~has suspended or revoked such person's license to drive or after such person's driving privilege has been so suspended or revoked~~].

II. A person who drives a motor vehicle in this state [~~after~~] while such person's license or driving privilege [~~has been~~] is suspended or revoked shall be guilty of violating this section regardless of whether such person has a license on the effective date of such suspension or revocation. Evidence that the notice of suspension or revocation was sent to the person's last known address as shown on the records of the division shall be prima facie evidence that the person was notified of the suspension or revocation.

136:4 Driving After Revocation or Suspension; Period of Suspension or Revocation. Amend RSA 263:64, V to read as follows:

V. Notwithstanding the definition of "revocation" in RSA 259:90 and the definition of "suspension" in RSA 259:107, the phrase "period of suspension or revocation" as used in paragraph IV and for purposes of paragraph IV only shall mean only suspension or revocation imposed by a court of competent jurisdiction. "Period of suspension or revocation" shall include the period specifically designated and until the restoration of the person's driver's license or privilege to drive.

136:5 Rules of the Road; Serious Traffic Offenses; Annulment, Plea Bargaining; Retention of Records Annulled. Amend RSA 265:82-c, I to read as follows:

I. Notwithstanding the provisions of RSA 651:5, no court shall order an annulment of any record of conviction of driving or attempting to drive a vehicle upon any way while under the influence of intoxicating liquor or any controlled drug or while having an alcohol concentration of 0.08 or more or of aggravated drunken driving until [7] 10 years after the date of conviction. Any record thus annulled shall be retained in a permanent file, to be opened only for purposes of sentencing in the case of an offense under RSA 215-A:11, II or RSA 265:82-a.

136:6 Rules of the Road; Serious Traffic Offenses; Payment of All Obligations Prior to Restoration; Renewal Added. Amend RSA 265:82-d to read as follows:

265:82-d Payment of All Obligations Prior to Restoration or Renewal. The director of motor vehicles shall not restore or renew a person's license or privilege to drive, if it was revoked pursuant to RSA 265:80; RSA 265:82; RSA 265:82-a; RSA 263:14-a; RSA 630:2; or RSA 630:3, or if the revocation was connected with an alcohol related or drug related offense, until all obligations of such person resulting from the arrest and conviction for the offense are met. For the purposes of this section, the word "obligations" shall mean fines and penalty assessments, court-ordered restitution or reimbursement to any person injured as a result of the offense, successful completion of all treatment and rehabilitation programs the person is required to take, full payment of all fees for such programs, and any other costs which may be ordered by the court. The word "obligations' shall not mean completion of probation or parole or completion of a condition of probation or parole. In any case where the court orders periodic payment of fines, penalty assessments, restitution or reimbursement, the obligations of such periods shall be deemed to have been met if such person is current in all such court-ordered payments.

136:7 Boating While Intoxicated; Payment of All Obligations Prior to Restoration; Renewal Added. Amend RSA 270:48-b to read as follows:

270:48-b Payment of all Obligations Prior to Restoration or Renewal. The provisions of RSA 265:82-d, relative to payment of all obligations prior to restoration or renewal, shall apply to any person convicted of a violation of RSA 270:48-a.