[Congressional Record Volume 148, Number 128 (Thursday, October 3, 2002)]
[Senate]
[Pages S9911-S9912]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. CORZINE (for himself and Mr. DeWine):
S. 3056. A bill to amend title 23, United States Code, to increase
penalties for individuals who operate motor vehicles while intoxicated
or under the influence of alcohol; to the Committee on Environment and
Public Works.
Mr. CORZINE. Mr. President today, along with Senator DeWine, I am
introducing legislation that addresses the serious national problem of
drunk driving. This bill, ``The Higher-Risk Impaired Driver Act,''
would help protect the public from those intoxicated drivers who pose
the greatest threat to our safety.
This bill would target a specific population of drivers who pose a
special danger on our roads. These are drivers who are convicted of
driving while intoxicated within 5 years of a prior conviction; drivers
who are convicted of driving while intoxicated with a blood alcohol
content of .15 or greater; drivers who are convicted of driving while
their license is suspended, when the suspension happened due to a
driving while intoxicated offense; and drivers who refuse a blood
alcohol concentration test while under arrest or investigation for
involvement in a fatal or serious injury crash.
The statistics documenting the threat posed by these drivers are
startling. Nationally in 2001, about 1,461 fatalities that occurred in
crashes involving alcohol-impaired or intoxicated drivers who had at
least one previous driving while intoxicated conviction, according to
the National Institute of Highway Safety, NHTSA. Further, the AAA
Foundation for Traffic Safety, in an analysis of NHTSA data from 1982
to 1999, found that over half the drivers who were arrested or
convicted of driving while intoxicated during that period and 64
percent of drunken drivers who were fatally injured had a blood alcohol
level of .15 or greater.
There are tragic stories behind these statistics: In my own State of
New Jersey, for example, Navy Ensign John Elliott was killed by a
driver who had a blood alcohol level that exceeded twice the legal
limit. In that case, the driver had been arrested and charged with
driving while intoxicated just three hours before the crash. After
being processed for that offense, he had been released into the custody
of a friend who drove him back to his car and allowed him to get behind
the wheel.
The legislation I am introducing today would require states to enact
a law that penalizes these higher risk offenders, reduces the threat
that they pose, and gets offenders into appropriate substance abuse
programs. The penalty provisions in such a law would include the
suspension of an offender's drivers license for no less than one year
and the requirement that the offender pay both a $1000 minimum fine as
well as restitution to any victims of the offense. The reduction of the
threat occurs through the requirement that the offender's motor vehicle
be impounded for no less than 90 days and the requirement that the
offender be imprisoned for a period of time and then shall either wear
an electronic bracelet or be assigned to a DWI specialty facility. The
treatment provision requires the assessment of the offender for
placement into a substance abuse program.
This legislation follows the recommendations of Mothers Against Drunk
Driving, MADD, in their Higher-Risk Driver Program. I look forward to
working with the members of MADD nationwide to see this legislation
enacted into law. I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 3056
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 ``Higher-Risk Impaired Driver
Act''.
SEC. 2. INCREASED PENALTIES.
(a) In General.--Chapter I of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 165. Increased penalties for higher risk drivers for
driving while intoxicated or driving under the influence
``(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 the equivalent grams of alcohol per 210 liters of
breath.
``(2) Driving while intoxicated; driving under the
influence.--The terms `driving while intoxicated' and
`driving under the influence' mean driving or being in actual
physical control of a motor vehicle while having a blood
alcohol concentration above the permitted limit as
established by each State.
``(3) License suspension.--The term `license suspension'
means the suspension of all driving privileges.
``(4) 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.
``(5) Higher-risk impaired driver law.--
``(A) The term `higher-risk impaired driver law' means a
State law that provides, as a minimum penalty, that an
individual described in subparagraph (B) shall--
``(i) receive a driver's license suspension for not less
than 1 year, including a complete ban on driving for not less
than 90 days and for the remainder of the license suspension
period and prior to the issuance of a probational hardship or
work permit license, be required to install a certified
alcohol ignition interlock device;
``(ii) have the motor vehicle driven at the time of arrest
impounded or immobilized for not less than 90 days and for
the remainder of the license suspension period require the
installation of a certified alcohol ignition interlock device
on the vehicle;
``(iii) be subject to an assessment by a certified
substance abuse official of the State that assesses the
individual's degree of abuse of alcohol and assigned to a
treatment program or impaired driving education program as
determined by the assessment;
``(iv) be imprisoned for not less than 10 days, have an
electronic monitoring device for not less than 100 days, or
be assigned to a DUI/DWI specialty facility for not less than
30 days;
``(v) be fined a minimum of $1,000, with the proceeds of
such funds to be used by the State or local jurisdiction for
impaired driving related prevention, enforcement, and
prosecution programs, or for the development or maintenance
of a tracking system of offenders driving while impaired;
``(vi) if the arrest resulted from involvement in a crash,
the court shall require restitution to the victims of the
crash;
``(vii) be placed on probation by the court for a period of
not less than 2 years;
``(viii) if diagnosed with a substance abuse problem,
during the first year of the probation period referred to in
clause (vii), attend a treatment program for a period of 12
consecutive months sponsored by a State certified
substance abuse treatment agency and
[[Page S9912]]
meet with a case manager at least once each month; and
``(ix) be required by the court to attend a victim impact
panel, if such a panel is available.
``(B) An individual referred to in subparagraph (A) is an
individual who--
``(i) is convicted of a second or subsequent offense for
driving while intoxicated or driving under the influence
within a minimum of 5 consecutive years;
``(ii) is convicted of a driving while intoxicated or
driving under the influence with a blood alcohol
concentration of 0.15 percent or greater;
``(iii) is convicted of a driving-while-suspended offense
if the suspension was the result of a conviction for driving
under the influence; or
``(iv) refuses a blood alcohol concentration test while
under arrest or investigation for involvement in a fatal or
serious injury crash.
``(6) Special dui/dwi facility.--The term `special DUI/DWI
facility' means a facility that houses and treats offenders
arrested for driving while impaired and allows such offenders
to work and/or attend school.
``(7) Victim impact panel.--The term `victim impact panel'
means a group of impaired driving victims who speak to
offenders about impaired driving. The purpose of the panel is
to change attitudes and behaviors in order to deter impaired
driving recidivism.
``(b) Transfer of Funds.--
``(1) Fiscal year 2006.--Beginning on October 1, 2006, if a
State has not enacted or is not enforcing a higher risk
impaired driver law, the Secretary shall transfer an amount
equal to 2 percent of the funds apportioned to the State on
that date under each of paragraphs (1), (3), and (4) of
section 104(b) to the apportionment of the State under
section 402 solely for impaired driving programs.
``(2) Fiscal year 2007.--On October 1, 2007, if a State has
not enacted or is not enforcing a higher-risk impaired driver
law, the Secretary shall transfer an amount equal to 4
percent of the funds apportioned to the State on that date
under each of paragraphs (1), (3), and (4) of section 104(b)
to the apportionment of the State under section 402 to be
used or directed as described in paragraph (1).
``(3) Fiscal year 2008.--On October 1, 2008, if a State has
not enacted or is not enforcing a higher-risk impaired driver
law, the Secretary shall transfer an amount equal to 6
percent of the funds apportioned to the State on that date
under each of paragraphs (1), (3), and (4) of section 104(b)
to the apportionment of the State under section 402 to be
used or directed as described in paragraph (1).
``(4) Derivation of amount to be transferred.--The amount
to be transferred under paragraph (1), (2), or (3) may be
derived from 1 or more of the following:
``(A) The apportionment of the State under section
104(b)(1).
``(B) The apportionment of the State under section
104(b)(3).
``(C) The apportionment of the State under section
104(b)(4).
``(5) Transfer of obligation authority.--
``(A) In general.--If the Secretary transfers under this
subsection any funds to the apportionment of a State under
section 402 for a fiscal year, the Secretary shall transfer
an amount, determined under subparagraph (B), of obligation
authority distributed for the fiscal year to the State for
carrying out impaired driving programs authorized under
section 402.
``(B) Amount.--The amount of obligation authority referred
to in subparagraph (A) shall be determined by multiplying--
``(i) the amount of funds transferred under subparagraph
(A) to the apportionment of the State under section 402 for
the fiscal year; by
``(ii) the ratio that--
``(I) the amount of obligation authority distributed for
the fiscal year to the State for Federal-aid highways and
highway safety construction programs; bears to
``(II) the total of the sums apportioned to the State for
Federal-aid highways and highway safety construction programs
(excluding sums not subject to any obligation limitation) for
the fiscal year.
``(7) Limitation on applicability of obligation
limitation.--Notwithstanding any other provision of law, no
limitation on the total of obligations for highway safety
programs under section 402 shall apply to funds transferred
under this subsection to the apportionment of a State under
such section.
``(c) Withholding of Funds.--
``(1) Fiscal year 2009.--On October 1, 2008, if a State has
not enacted or is not enforcing a higher-risk impaired driver
law, the Secretary shall withhold 2 percent of the amount
required to be apportioned for Federal-aid highways to the
State on that date under each of paragraphs (1), (3), and (4)
of section 104(b).
``(2) Fiscal year 2010.--On October 1, 2009, if a State has
not enacted or is not enforcing a higher-risk impaired driver
law, the Secretary shall withhold 4 percent of the amount
required to be apportioned for Federal-aid highways to the
State on that date under each of paragraphs (1), (3), and (4)
of section 104(b).
``(3) Fiscal year 2011.--On October 1, 2010, if a State has
not enacted or is not enforcing a higher-risk impaired driver
law, the Secretary shall withhold 6 percent of the amount
required to be apportioned for Federal-aid highways to the
State on that date under each of paragraphs (1), (3), and (4)
of section 104(b).
``(4) Compliance.--Not later than 4 years after the date
that the apportionment for any State is reduced in accordance
with this section the Secretary determines that such State
has enacted and is enforcing a provision described in section
163(a), the apportionment of such State shall be increased by
an amount equal to such reduction. If at the end of such 4-
year period, any State has not enacted and is not enforcing a
provision described in section 163(a) any amounts so withheld
shall be transferred to carry out impaired driving programs
authorized under section 402.
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