Bill Text
106th Congress (1999-2000)
H.R.1597.IH


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Bill Summary & Status



H.R.1597 -- Deadly Driver Reduction and Burton H. Greene Memorial Act (Introduced in House - IH)

HR 1597 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.'.



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