[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1005 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1005

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 SENATE OF THE UNITED STATES

                              May 11, 1999

Mr. Lautenberg introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 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 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 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:
            ``(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' means operating a motor vehicle while having a 
        blood alcohol concentration above the limit established by the 
        State in which the motor vehicle is operated.
            ``(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.
            ``(4) Operate.--The term `operate', with respect to a motor 
        vehicle, means to drive or be in actual physical control of the 
        motor 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 that date.
            ``(2) Subsequent fiscal years.--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 that date.
            ``(3) Requirements.--
                    ``(A) In general.--A State meets the requirements 
                of this paragraph if the State has enacted and is 
                enforcing a law that provides for a minimum sentence 
                consistent with the following and with subparagraph 
                (B):
                            ``(i) Except as provided in clause (ii), in 
                        the case of the first conviction of an 
                        individual for driving under the influence, a 
                        sentence requiring--
                                    ``(I) revocation of the 
                                individual's driver's license for 6 
                                months;
                                    ``(II) payment of a $500 fine by 
                                the individual; and
                                    ``(III)(aa) an assessment of the 
                                individual's degree of alcohol abuse; 
                                and
                                    ``(bb) appropriate treatment.
                            ``(ii) In the case of the first conviction 
                        of an individual for operating a motor vehicle 
                        with a blood alcohol concentration of .16 or 
                        greater, a sentence requiring--
                                    ``(I) revocation of the 
                                individual's driver's license for 6 
                                months, or for 2 years if, at the time 
                                of arrest, the individual refused to 
                                take a breath test to determine the 
                                individual's blood alcohol 
                                concentration;
                                    ``(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) payment of a $750 fine by the 
                                individual;
                                    ``(VI) 10 days of imprisonment of, 
                                or 60 days of community service by, the 
                                individual; and
                                    ``(VII)(aa) an assessment of the 
                                individual's degree of alcohol abuse; 
                                and
                                    ``(bb) appropriate treatment.
                            ``(iii) Except as provided in clause (iv), 
                        in the case of the second conviction of an 
                        individual for driving under the influence, a 
                        sentence requiring--
                                    ``(I) revocation of the 
                                individual's driver's license for 1 
                                year, or for 2 years if, at the time of 
                                arrest, the individual refused to take 
                                a breath test to determine the 
                                individual's blood alcohol 
                                concentration;
                                    ``(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) payment of a $1,000 fine by 
                                the individual;
                                    ``(VI) 10 days of imprisonment of, 
                                or 60 days of community service by, the 
                                individual; and
                                    ``(VII)(aa) an assessment of the 
                                individual's degree of alcohol abuse; 
                                and
                                    ``(bb) appropriate treatment.
                            ``(iv) In the case of the third or 
                        subsequent conviction of an individual for 
                        driving under the influence, or in the case of 
                        a second such conviction if the individual's 
                        first such conviction was a conviction 
                        described in clause (ii), a sentence requiring 
                        permanent revocation of the individual's 
                        driver's license.
                    ``(B) Revocations.--A revocation of a driver's 
                license under subparagraph (A) 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 the 
                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 the 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 requirements of subsection (b)(3), the Secretary 
        shall, on the first day on which the State meets the 
        requirements, 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 under 
                paragraph (2) shall remain available for expenditure 
                until the end of the third fiscal year following the 
                fiscal year in which the funds are so apportioned.
                    ``(B) Treatment of certain funds.--Any funds 
                apportioned under 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)(A), the State does not meet the requirements of 
        subsection (b)(3), the funds shall lapse.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of title 23, United States Code, is amended by striking the item 
relating to section 164 and inserting the following:

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