S.Amdt. 2284

1. 1

   Change 1: Rewrites page 748, line 3

   ReplacesPrinted page

   Removes page 748, line 3 of the printed bill. See that page

   Inserted: SEC. 1403. HIGHER-RISK IMPAIRED DRIVERS.

   Original wording

   On page 748, strike line 3 and insert the following:

2. 2

   Change 2: Inserts “(a) License suspension Definition.--” before “Section”

   InsertsPage 748, line 4Printed page

   …[inserted: (a) License suspension Definition.-- ]Section…

   Original wording

   On page 748, line 4, insert “(a) License suspension Definition.--” before “Section”.

3. 3

   Change 3: Inserts new text on page 748, between lines 19 and 20

   InsertsPrinted page

   Inserted: (b) Other Definitions.--Section 164 of title 23, United States Code, is further amended--

   Inserted: (1) by striking subsection (a)(5) and inserting the following:

   Inserted: "(5) Higher-risk impaired driver law.--

   Inserted: "(A) In general.--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--

   Inserted: "(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;

   Inserted: "(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;

   Inserted: "(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;

   Inserted: "(iv) be imprisoned for not less than 10 days, have an electronic monitoring device for not less than 100 days, or be as signed to a DUI/DWI specialty facility for not less than 30 days;

   Inserted: "(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;

   Inserted: "(vi) if the arrest resulted from involvement in a crash, pay court-mandated restitution to the victims of the crash;

   Inserted: "(vii) be placed on probation by the court for a period of not less than 2 years;

   Inserted: "(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 meet with a case manager at least once each month; and

   Show 16 more inserted paragraphsShow less

   Inserted: "(ix) be required by the court to attend a victim impact panel, if such a panel is available.

   Inserted: "(B) Individuals to whom penalties apply.--An individual is described in this subparagraph if that individual--

   Inserted: "(i) is convicted of a second or subsequent offense for driving while intoxicated or driving under the influence within a minimum of 10 consecutive years;

   Inserted: "(ii) is convicted of a driving while intoxicated or driving under the influence with a blood alcohol concentration of 0.15 percent or greater; or

   Inserted: "(iii) is convicted of a driving-while-suspended offense if the suspension was the result of a conviction for driving under the influence.";

   Inserted: (2) by adding at the end of subsection (a) the following:

   Inserted: "(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 or attend school.

   Inserted: "(7) Victim impact panel.--The term 'victim impact panel' means a group of impaired driving victims who speak to offenders about impaired driving for the purpose of trying to change attitudes and behaviors in order to deter impaired driving recidivism."; and

   Inserted: (3) by striking subsection (b) and inserting the following:

   Inserted: "(b) Imposition of Higher-Risk Impaired Driver Law Requirement.--

   Inserted: "(1) In general.--Notwithstanding any provision of section 104 to the contrary, as a condition of receiving the full amount of funds apportioned to a State under paragraphs (1), (3), and (4) of section 104(b), a State shall enact and enforce a higher-risk impaired driver law.

   Inserted: "(2) Enforcement by withholding funds.--On October 1st of the following fiscal years, the Secretary shall withhold the applicable percentage of the amount required to be apportioned for Federal-aid highways to a State on that date under each of paragraphs (1), (3), and (4) of section 104(b) if the State has not enacted or is not enforcing a higher-risk impaired driver law:

   Inserted: "(A) For fiscal year 2008, the applicable percentage is 2 percent.

   Inserted: "(B) For fiscal year 2009, the applicable percentage is 4 percent.

   Inserted: "(C) For fiscal year 2010, the applicable percentage is 6 percent.

   Inserted: "(D) For fiscal years 2011 and thereafter, the applicable percentage is 8 percent.".

   Original wording

   On page 748, between lines 19 and 20, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed