[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1597 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1597

To amend title 23, United States Code, to provide for national minimum 
 sentences for individuals convicted of operating motor vehicles under 
                       the influence of alcohol.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 1999

   Mrs. Lowey (for herself and Mr. Canady of Florida) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 23, United States Code, to provide for national minimum 
 sentences for individuals convicted of operating motor vehicles under 
                       the influence of alcohol.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deadly Driver Reduction and Burton 
H. Greene Memorial Act''.

SEC. 2. NATIONAL MINIMUM SENTENCES FOR INDIVIDUALS CONVICTED OF 
              OPERATING MOTOR VEHICLES WHILE UNDER THE INFLUENCE OF 
              ALCOHOL.

    (a) In General.--Section 164 of chapter 1 of title 23, United 
States Code, is amended to read as follows:
``Sec. 164. National minimum sentences for individuals convicted of 
              operating motor vehicles while under the influence of 
              alcohol
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Blood alcohol concentration.--The term `blood alcohol 
        concentration' means grams of alcohol per 100 milliliters of 
        blood or grams of alcohol per 210 liters of breath.
            ``(2) Driving under the influence.--The term `driving under 
        the influence' mean driving or being in actual physical control 
        of a motor vehicle while having a blood alcohol concentration 
        above the limit established by the State in which the motor 
        vehicle is driven or controlled.
            ``(3) Motor vehicle.--The term `motor vehicle' means a 
        vehicle driven or drawn by mechanical power and manufactured 
        primarily for use on public highways, but does not include a 
        vehicle operated solely on a rail line or a commercial vehicle.
    ``(b) Withholding of Apportionments for Noncompliance.--
            ``(1) Fiscal year 2003.--The Secretary shall withhold 5 
        percent of the amount required to be apportioned to any State 
        under each of paragraphs (1), (3), and (4) of section 104(b) on 
        October 1, 2002, if the State does not meet the requirements of 
        paragraph (3) on such date.
            ``(2) Thereafter.--The Secretary shall withhold 10 percent 
        (including any amounts withheld under paragraph (1)) of the 
        amount required to be apportioned to any State under each of 
        paragraphs (1), (3), and (4) of section 104(b) on October 1, 
        2003, and on October 1 of each fiscal year thereafter, if the 
        State does not meet the requirements of paragraph (3) on such 
        date.
            ``(3) Requirements.--A State meets the requirements of this 
        paragraph if the State has enacted and is enforcing a law which 
        provides for a minimum sentence consistent with the following:
                    ``(A) Except as provided in subparagraph (B), in 
                the case of the first conviction of an individual for 
                operating a motor vehicle while under the influence of 
                alcohol--
                            ``(i) revocation of the individual's 
                        driver's license for 6 months;
                            ``(ii) imposition of a $500 fine on the 
                        individual; and
                            ``(iii) an assessment of the individual's 
                        degree of alcohol abuse and treatment, as 
                        appropriate.
                    ``(B) In the case of the first conviction of an 
                individual for operating a motor vehicle with a blood 
                alcohol concentration of .16 or greater--
                            ``(i) revocation of the individual's 
                        driver's license for 6 months, or for 2 years 
                        if the individual refused to take breath test 
                        to determine the individual's blood alcohol 
                        concentration at the time of arrest;
                            ``(ii) imposition of a requirement on the 
                        individual prohibiting the individual from 
                        operating a motor vehicle with a blood alcohol 
                        concentration of .05 or greater for 5 years;
                            ``(iii) impoundment or immobilization of 
                        the individual's motor vehicle for 30 days;
                            ``(iv) imposition of a requirement on the 
                        individual requiring the installation of an 
                        ignition interlock system on the individual's 
                        motor vehicle for 180 days;
                            ``(v) imposition of a $750 fine on the 
                        individual;
                            ``(vi) 10 days imprisonment of the 
                        individual or 60 days community service; and
                            ``(vii) an assessment of the individual's 
                        degree of alcohol abuse and treatment, as 
                        appropriate.
                    ``(C) Except as provided in subparagraph (D), in 
                the case of the second conviction of an individual for 
                operating a motor vehicle while under the influence of 
                alcohol--
                            ``(i) revocation of the individual's 
                        driver's license for 1 year, or for 2 years if 
                        the individual refused to take breath test to 
                        determine the individual's blood alcohol 
                        concentration at the time of arrest;
                            ``(ii) imposition of a requirement on the 
                        individual prohibiting the individual from 
                        operating a motor vehicle with a blood alcohol 
                        concentration of .05 or greater for 5 years;
                            ``(iii) impoundment or immobilization of 
                        the individual's motor vehicle for 60 days;
                            ``(iv) imposition of a requirement on the 
                        individual requiring the installation of an 
                        ignition interlock system on the individual's 
                        motor vehicle for 1 year;
                            ``(v) imposition of a $1,000 fine on the 
                        individual;
                            ``(vi) 10 days imprisonment of the 
                        individual or 60 days community service; and
                            ``(vii) an assessment of the individual's 
                        degree of alcohol abuse and treatment, as 
                        appropriate.
                    ``(D) In the case of the third or subsequent 
                conviction of an individual for operating a motor 
                vehicle while under the influence of alcohol or in the 
                case of a second such conviction if the individual's 
                first conviction was a conviction described in 
                subparagraph (B), permanent revocation of the 
                individual's driver's license.
        A revocation pursuant to this paragraph shall not be subject to 
        any exception or condition, including an exception or condition 
        to avoid hardship to any individual.
    ``(c) Period of Availability; Effect of Compliance and 
Noncompliance.--
            ``(1) Period of availability of withheld funds.--
                    ``(A) Funds withheld on or before september 30, 
                2004.--Any funds withheld under subsection (b) from 
                apportionment to any State on or before September 30, 
                2004, shall remain available until the end of the third 
                fiscal year following the fiscal year for which such 
                funds are authorized to be appropriated.
                    ``(B) Funds withheld after september 30, 2004.--No 
                funds withheld under this section from apportionment to 
                any State after September 30, 2004, shall be available 
                for apportionment to such State.
            ``(2) Apportionment of withheld funds after compliance.--
        If, before the last day of the period for which funds withheld 
        under subsection (b) from apportionment are to remain available 
        for apportionment to a State under paragraph (1)(A), the State 
        meets the requirement of subsection (b)(3), the Secretary 
        shall, on the first day on which the State meets such 
        requirement, apportion to the State the funds withheld under 
        subsection (b) that remain available for apportionment to the 
        State.
            ``(3) Period of availability of subsequently apportioned 
        funds.--
                    ``(A) In general.--Any funds apportioned pursuant 
                to paragraph (2) shall remain available for expenditure 
                until the end of the third fiscal year following the 
                fiscal year in which such funds are so apportioned.
                    ``(B) Treatment of certain funds.--Any funds 
                apportioned pursuant to paragraph (2) that are not 
                obligated at the end of the period referred to in 
                subparagraph (A) shall lapse.
            ``(4) Effect of noncompliance.--If, at the end of the 
        period for which funds withheld under subsection (b) from 
        apportionment are available for apportionment to a State under 
        paragraph (1), the State does not meet the requirement of 
        subsection (b)(3), such funds shall lapse.''.
    (b) Clerical Amendment.--The item relating to section 164 in the 
analysis for such chapter is amended to read as follows:

``164. National minimum sentences for individuals convicted of 
                            operating motor vehicles while under the 
                            influence of alcohol.''.
                                 <all>