SB388: relative to proof of successful completion of an impaired driver intervention program.

CHAPTER 157

SB 388-FN – FINAL VERSION

03/04/04 0527s

05/06/04 1466eba

2004 SESSION

04-3102

03/01

SENATE BILL 388-FN

AN ACT relative to proof of successful completion of an impaired driver intervention program.

SPONSORS: Sen. Flanders, Dist 7; Sen. Clegg, Dist 14; Rep. Almy, Graf 18; Rep. Tholl, Coos 2

COMMITTEE: Judiciary

ANALYSIS

This bill requires that, in order to establish a presumption of successful completion, an impaired driver intervention program report must indicate that the person has completed attendance at the program and has paid all program fees.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/04/04 0527s

05/06/04 1466eba

04-3102

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to proof of successful completion of an impaired driver intervention program.

Be it Enacted by the Senate and House of Representatives in General Court convened:

157:1 Attendance at Impaired Driver Intervention Program Required; Proof Of Successful Completion. Amend RSA 263:65-a, V to read as follows:

V.(a) A person shall be presumed to have furnished proof of successful completion of an impaired driver intervention program if the person furnishes a report indicating that he or she has completed attendance at the I.D.I.P., the M.O.P., or an equivalent program, and that he or she has paid all assessed program fees. The presumption may be overcome by a hearing requested by the department, or the I.D.I.P., the M.O.P., or an equivalent program, with notice to and an opportunity to be heard by the person, where the department and/or the I.D.I.P., the M.O.P., or

an equivalent program, shall have the burden of proving that the person has not successfully completed an impaired driver intervention program.

(b) The I.D.I.P., the M.O.P., or an equivalent program shall inform the department of safety in writing of any further treatment it deems necessary in order to be considered a completed program before a license suspension should be restored. The department of safety shall notify the licensee of his or her ability to request a hearing to dispute the findings and the licensee shall inform the department of safety if the licensee requests a hearing within 20 days of receipt of such notice. At such hearing the I.D.I.P., the M.O.P., or an equivalent program shall have the burden of proving the person has not successfully completed an impaired driver intervention program. The I.D.I.P., the M.O.P., or an equivalent program shall inform the department of safety in writing within 5 days after the end of the program attended by the licensee.

157:2 Penalties for Intoxication or Under Influence of Drugs Offenses; Proof of Successful Completion of Program. Amend RSA 265:82-b, IV(d) to read as follows:

(d) A person shall be presumed to have furnished proof of successful completion of an impaired driver intervention program if the person furnishes a report indicating that he or she has completed attendance at the I.D.I.P., the M.O.P., or an equivalent program, and that he or she has paid all assessed program fees. The presumption may be overcome by a hearing requested by the department, or the I.D.I.P., the M.O.P., or an equivalent program, with notice to and an opportunity to be heard by the person, where the department and/or the I.D.I.P., the M.O.P., or an equivalent program shall have the burden of proving that the person has not successfully completed an impaired driver intervention program.

(e) The I.D.I.P., the M.O.P., or an equivalent program shall inform the department of safety in writing of any further treatment it deems necessary in order to be considered a completed program before a license suspension should be restored. The department of safety shall notify the licensee of his or her ability to request a hearing to dispute the findings and the licensee shall inform the department of safety if the licensee requests a hearing within 20 days of receipt of such notice. At such hearing the I.D.I.P., the M.O.P., or an equivalent program shall have the burden of proving the person has not successfully completed an impaired driver intervention program. The I.D.I.P., the M.O.P., or an equivalent program shall inform the department of safety in writing within 5 days after the end of the program attended by the licensee.

157:3 Effective Date. This act shall take effect upon its passage.

(Approved: May 24, 2004)

(Effective Date: May 24, 2004)