[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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