Prevent Impaired Driving Child Endangerment Act

I 116TH CONGRESS 1ST SESSION H. R. 3008 To amend title 23, United States Code, to establish national standards relat- ing to sanctions for individuals who drive a motor vehicle, with a child passenger in the vehicle, while intoxicated or impaired, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 23, 2019 Miss RICE of New York introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, to establish national standards relating to sanctions for individuals who drive a motor vehicle, with a child passenger in the vehicle, while intoxicated or impaired, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Prevent Impaired Driv- 4 ing Child Endangerment Act’’. 5 VerDate Sep 11 2014 23:21 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3008.IH H3008 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3008 IH SEC. 2. SANCTIONS FOR INDIVIDUALS DRIVING WITH 1 CHILD PASSENGERS WHILE INTOXICATED OR 2 IMPAIRED. 3 (a) IN GENERAL.—Chapter 1 of title 23, United 4 States Code, is amended by adding at the end the fol- 5 lowing: 6 ‘‘§ 171. Sanctions for individuals driving with child 7 passengers while intoxicated or impaired 8 ‘‘(a) WITHHOLDING OF FUNDS FOR NONCOMPLI- 9 ANCE.— 10 ‘‘(1) FISCAL YEAR 2022.—On October 1, 2021, 11 the Secretary shall withhold 1 percent of the amount 12 required to be apportioned to a State under each of 13 paragraphs (1) and (2) of section 104(b) if the State 14 does not meet the requirements of subsection (b) on 15 that date. 16 ‘‘(2) FISCAL YEAR 2023.—On October 1, 2022, 17 the Secretary shall withhold 3 percent of the amount 18 required to be apportioned to a State under each of 19 paragraphs (1) and (2) of section 104(b) if the State 20 does not meet the requirements of subsection (b) on 21 that date. 22 ‘‘(3) FISCAL YEAR 2024 AND THEREAFTER.—On 23 October 1, 2023, and on October 1 of each fiscal 24 year thereafter, the Secretary shall withhold 5 per- 25 cent of the amount required to be apportioned to a 26 VerDate Sep 11 2014 23:21 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3008.IH H3008 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3008 IH State under each of paragraphs (1) and (2) of sec- 1 tion 104(b) if the State does not meet the require- 2 ments of subsection (b) on that date. 3 ‘‘(b) SANCTIONS.— 4 ‘‘(1) IN GENERAL.—A State meets the require- 5 ments of this subsection if the State has enacted 6 and is enforcing the following laws with respect to 7 an individual who is charged with an offense of driv- 8 ing a motor vehicle, with a child passenger in the ve- 9 hicle, while intoxicated or while impaired by alcohol, 10 drugs, or a combination of substances: 11 ‘‘(A) A law that provides that the indi- 12 vidual may be charged with a felony subject to 13 imprisonment for up to 4 years in connection 14 with the offense. 15 ‘‘(B) A law that requires the individual, if 16 convicted of the offense, to install and maintain 17 for at least 6 months an ignition interlock sys- 18 tem on any motor vehicle owned or operated by 19 the individual. 20 ‘‘(C) A law that suspends the State driv- 21 er’s license of the individual during the period 22 of prosecution of the offense, except that the 23 law may allow the individual— 24 VerDate Sep 11 2014 23:21 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3008.IH H3008 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3008 IH ‘‘(i) to operate a motor vehicle during 1 that period, if the individual, prior to oper- 2 ating the vehicle, installs and maintains an 3 ignition interlock system on the vehicle; 4 and 5 ‘‘(ii) to credit toward the 6-month pe- 6 riod referred to in subparagraph (B) any 7 days during which the individual installs 8 and maintains an ignition interlock system 9 on a motor vehicle pursuant to clause (i). 10 ‘‘(D) A law that— 11 ‘‘(i) requires the individual, if con- 12 victed of the offense, to undergo an alcohol 13 abuse, substance abuse, or mental health 14 assessment; and 15 ‘‘(ii) if the assessment indicates a 16 need for treatment, authorizes the appro- 17 priate court (or monitoring agency) to re- 18 quire the individual to undergo treatment 19 as part of the individual’s sentence in con- 20 nection with the conviction or as a condi- 21 tion for reissuance of a State driver’s li- 22 cense to the individual. 23 ‘‘(E) A law that requires, if the individual 24 is convicted of the offense and is the parent, 25 VerDate Sep 11 2014 23:21 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3008.IH H3008 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3008 IH guardian, or custodian of the child passenger or 1 is otherwise legally responsible for the child 2 passenger, the law enforcement agency that 3 charges the individual with the offense or the 4 appropriate court to file with the appropriate 5 State register of child abuse a report on the in- 6 dividual concerning the offense. 7 ‘‘(2) EXCEPTIONS.—The Secretary may treat a 8 State that has enacted and is enforcing the laws de- 9 scribed in paragraph (1) as meeting the require- 10 ments of this subsection without regard to whether 11 any of those laws waives the application of a sanc- 12 tion with respect to an individual who— 13 ‘‘(A) is a sibling of the child passenger; or 14 ‘‘(B) is under 21 years of age and is not 15 a guardian of the child passenger. 16 ‘‘(c) PERIOD OF AVAILABILITY OF WITHHELD 17 FUNDS; EFFECT OF COMPLIANCE AND NONCOMPLI- 18 ANCE.— 19 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD 20 FUNDS.—Any funds withheld under subsection (a) 21 from apportionment to a State shall remain available 22 for apportionment to the State until the end of the 23 third fiscal year following the fiscal year for which 24 the funds are authorized to be appropriated. 25 VerDate Sep 11 2014 23:21 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3008.IH H3008 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3008 IH ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS 1 AFTER COMPLIANCE.—If, before the last day of the 2 period for which funds withheld under subsection (a) 3 from apportionment are to remain available for ap- 4 portionment to a State under paragraph (1), the 5 State meets the requirements of subsection (b), the 6 Secretary shall, on the first day on which the State 7 meets the requirements of subsection (b), apportion 8 to the State the funds withheld under subsection (a) 9 that remain available for apportionment to the 10 State. 11 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE- 12 QUENTLY APPORTIONED FUNDS.—Any funds appor- 13 tioned pursuant to paragraph (2)— 14 ‘‘(A) shall remain available for expenditure 15 until the end of the third fiscal year following 16 the fiscal year in which the funds are so appor- 17 tioned; and 18 ‘‘(B) if not apportioned at the end of that 19 period, shall lapse. 20 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the 21 end of the period for which funds withheld under 22 subsection (a) from apportionment are available for 23 apportionment to a State under paragraph (1), the 24 VerDate Sep 11 2014 23:21 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3008.IH H3008 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 3008 IH State does not meet the requirements of subsection 1 (b), the funds shall lapse. 2 ‘‘(d) DEFINITIONS.—In this section, the following 3 definitions apply: 4 ‘‘(1) ALCOHOL CONCENTRATION.—The term 5 ‘alcohol concentration’ means grams of alcohol per 6 100 milliliters of blood or grams of alcohol per 210 7 liters of breath. 8 ‘‘(2) CHILD.—The term ‘child’ means an indi- 9 vidual younger than 16 years of age. 10 ‘‘(3) DRIVING WHILE INTOXICATED.—The term 11 ‘driving while intoxicated’ means driving or being in 12 actual physical control of a motor vehicle in a State 13 while having a blood alcohol concentration or breath 14 alcohol concentration of .08 or greater. 15 ‘‘(4) IGNITION INTERLOCK SYSTEM.—The term 16 ‘ignition interlock system’ means a system that— 17 ‘‘(A) is designed to prevent an individual 18 from starting a motor vehicle when the individ- 19 ual’s breath alcohol concentration is at or above 20 a preset level; 21 ‘‘(B) has a camera technology to verify the 22 user of the system; and 23 ‘‘(C) is certified by the State concerned. 24 VerDate Sep 11 2014 23:21 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3008.IH H3008 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 3008 IH ‘‘(5) MOTOR VEHICLE.—The term ‘motor vehi- 1 cle’ means a vehicle driven or drawn by mechanical 2 power and manufactured primarily for use on public 3 highways, except that the term does not include a 4 vehicle operated solely on a rail line or a commercial 5 vehicle. 6 ‘‘(6) STATE DRIVER’S LICENSE.—The term 7 ‘State driver’s license’ means a license issued by a 8 State authorizing an individual to operate a motor 9 vehicle on public highways. 10 ‘‘(e) EDUCATION.—The Administrator of the Na- 11 tional Highway Traffic Safety Administration, using exist- 12 ing funds, shall carry out programs and activities to edu- 13 cate States on the impact of child endangerment penalties 14 for individuals who drive a motor vehicle, with a child pas- 15 senger in the vehicle, while intoxicated or while impaired 16 by alcohol, drugs, or a combination of substances.’’. 17 (b) CLERICAL AMENDMENT.—The analysis for chap- 18 ter 1 of title 23, United States Code, is amended by add- 19 ing at the end the following: 20 ‘‘171. Sanctions for individuals driving with child passengers while intoxicated or impaired.’’. Æ VerDate Sep 11 2014 23:21 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H3008.IH H3008 pamtmann on DSKBFK8HB2PROD with BILLS