CHAPTER 56
HB 1240 – FINAL VERSION
7Mar2012… 0783h
2012 SESSION
03/09
HOUSE BILL 1240
AN ACT relative to license suspensions for refusal to consent to an alcohol test.
SPONSORS: Rep. Ingbretson, Graf 5
COMMITTEE: Criminal Justice and Public Safety
This bill authorizes the commissioner of the department of safety to allow that a license suspension for refusal to consent to an alcohol test run concurrently if the license has been suspended or revoked for 10 years and the person meets requirements established by the bill.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
7Mar2012… 0783h
12-2558
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to license suspensions for refusal to consent to an alcohol test.
Be it Enacted by the Senate and House of Representatives in General Court convened:
56:1 Refusal of Consent; Suspension. Amend RSA 265-A:14, II to read as follows:
II. Except as provided in paragraph VI, the 180-day or 2-year suspension period or denial of issuance period imposed pursuant to this section shall not run concurrently with any other penalty imposed under the provision of this title. Any such suspension or denial of a license or privilege to drive shall be imposed in addition to any other penalty provided by law, subject to review as provided in RSA 265-A:31.
56:2 New Paragraph; Refusal of Consent; Suspension. Amend RSA 265-A:14 by inserting after paragraph V the following new paragraph:
VI. The commissioner, after a hearing and for good cause shown, may authorize the concurrent running of a suspension period or denial of issuance period imposed pursuant to this section, to be applied retroactively, if:
(a) The person’s license or privilege to drive has been continuously suspended or revoked for 10 years or more;
(b) The person has no conviction for negligent homicide with a motor vehicle, or equivalent out-of-state offense, and no more than 2 lifetime convictions for driving under the influence of drugs or liquor or aggravated driving while intoxicated, or equivalent out-of-state offense; and
(c) The person has not driven a motor vehicle for 10 years or more and has not held a driver’s license in any state during that time.
56:3 Effective Date. This act shall take effect upon its passage.
Approved: May 14, 2012
Effective Date: May 14, 2012