I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Deadly Driver Reduc5 tion and Burton H. Greene Memorial Act’’.
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1 SEC. 2. NATIONAL MINIMUM SENTENCES FOR INDIVIDUALS

2 CONVICTED OF OPERATING MOTOR VEHI3 CLES WHILE UNDER THE INFLUENCE OF AL4 COHOL.

5 (a) IN GENERAL.—Section 164 of chapter 1 of title

6 23, United States Code, is amended to read as follows:

7 ‘‘§ 164. National minimum sentences for individuals

8 convicted of operating motor vehicles

9 while under the influence of alcohol

10 ‘‘(a) DEFINITIONS.—In this section, the following

11 definitions apply:

12 ‘‘(1) BLOOD ALCOHOL CONCENTRATION.—The

13 term ‘blood alcohol concentration’ means grams of

14 alcohol per 100 milliliters of blood or grams of alco15 hol per 210 liters of breath.

16 ‘‘(2) DRIVING UNDER THE INFLUENCE.—The

17 term ‘driving under the influence’ mean driving or

18 being in actual physical control of a motor vehicle

19 while having a blood alcohol concentration above the

20 limit established by the State in which the motor ve21 hicle is driven or controlled.

22 ‘‘(3) MOTOR VEHICLE.—The term ‘motor vehi23 cle’ means a vehicle driven or drawn by mechanical

24 power and manufactured primarily for use on public

25 highways, but does not include a vehicle operated

26 solely on a rail line or a commercial vehicle.
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1 ‘‘(b) WITHHOLDING OF APPORTIONMENTS FOR NON2 COMPLIANCE.—

3 ‘‘(1) FISCAL YEAR 2003.—The Secretary shall

4 withhold 5 percent of the amount required to be ap5 portioned to any State under each of paragraphs

6 (1), (3), and (4) of section 104(b) on October 1,

7 2002, if the State does not meet the requirements

8 of paragraph (3) on such date.

9 ‘‘(2) THEREAFTER.—The Secretary shall with10 hold 10 percent (including any amounts withheld

11 under paragraph (1)) of the amount required to be

12 apportioned to any State under each of paragraphs

13 (1), (3), and (4) of section 104(b) on October 1,

14 2003, and on October 1 of each fiscal year there15 after, if the State does not meet the requirements of

16 paragraph (3) on such date.

17 ‘‘(3) REQUIREMENTS.—A State meets the re18 quirements of this paragraph if the State has en19 acted and is enforcing a law which provides for a

20 minimum sentence consistent with the following:

21 ‘‘(A) Except as provided in subparagraph

22 (B), in the case of the first conviction of an in23 dividual for operating a motor vehicle while

24 under the influence of alcohol—
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1 ‘‘(i) revocation of the individual’s driv2 er’s license for 6 months;

3 ‘‘(ii) imposition of a $500 fine on the

4 individual; and

5 ‘‘(iii) an assessment of the individual’s

6 degree of alcohol abuse and treatment, as

7 appropriate.

8 ‘‘(B) In the case of the first conviction of

9 an individual for operating a motor vehicle with

10 a blood alcohol concentration of .16 or

11 greater—

12 ‘‘(i) revocation of the individual’s driv13 er’s license for 6 months, or for 2 years if

14 the individual refused to take breath test

15 to determine the individual’s blood alcohol

16 concentration at the time of arrest;

17 ‘‘(ii) imposition of a requirement on

18 the individual prohibiting the individual

19 from operating a motor vehicle with a

20 blood alcohol concentration of .05 or great21 er for 5 years;

22 ‘‘(iii) impoundment or immobilization

23 of the individual’s motor vehicle for 30

24 days;
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1 ‘‘(iv) imposition of a requirement on

2 the individual requiring the installation of

3 an ignition interlock system on the individ4 ual’s motor vehicle for 180 days;

5 ‘‘(v) imposition of a $750 fine on the

6 individual;

7 ‘‘(vi) 10 days imprisonment of the in8 dividual or 60 days community service; and

9 ‘‘(vii) an assessment of the individ10 ual’s degree of alcohol abuse and treat11 ment, as appropriate.

12 ‘‘(C) Except as provided in subparagraph

13 (D), in the case of the second conviction of an

14 individual for operating a motor vehicle while

15 under the influence of alcohol—

16 ‘‘(i) revocation of the individual’s driv17 er’s license for 1 year, or for 2 years if the

18 individual refused to take breath test to

19 determine the individual’s blood alcohol

20 concentration at the time of arrest;

21 ‘‘(ii) imposition of a requirement on

22 the individual prohibiting the individual

23 from operating a motor vehicle with a

24 blood alcohol concentration of .05 or great25 er for 5 years;
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1 ‘‘(iii) impoundment or immobilization

2 of the individual’s motor vehicle for 60

3 days;

4 ‘‘(iv) imposition of a requirement on

5 the individual requiring the installation of

6 an ignition interlock system on the individ7 ual’s motor vehicle for 1 year;

8 ‘‘(v) imposition of a $1,000 fine on

9 the individual;

10 ‘‘(vi) 10 days imprisonment of the in11 dividual or 60 days community service; and

12 ‘‘(vii) an assessment of the individ13 ual’s degree of alcohol abuse and treat14 ment, as appropriate.

15 ‘‘(D) In the case of the third or subsequent

16 conviction of an individual for operating a

17 motor vehicle while under the influence of alco18 hol or in the case of a second such conviction

19 if the individual’s first conviction was a convic20 tion described in subparagraph (B), permanent

21 revocation of the individual’s driver’s license.

22 A revocation pursuant to this paragraph shall not be

23 subject to any exception or condition, including an

24 exception or condition to avoid hardship to any indi25 vidual.
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1 ‘‘(c) PERIOD OF AVAILABILITY; EFFECT OF COMPLI2 ANCE AND NONCOMPLIANCE.—

3 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

4 FUNDS.—

5 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

6 SEPTEMBER 30, 2004.—Any funds withheld

7 under subsection (b) from apportionment to any

8 State on or before September 30, 2004, shall

9 remain available until the end of the third fiscal

10 year following the fiscal year for which such

11 funds are authorized to be appropriated.

12 ‘‘(B) FUNDS WITHHELD AFTER SEP13 TEMBER 30, 2004.—No funds withheld under

14 this section from apportionment to any State

15 after September 30, 2004, shall be available for

16 apportionment to such State.

17 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

18 AFTER COMPLIANCE.—If, before the last day of the

19 period for which funds withheld under subsection (b)

20 from apportionment are to remain available for ap21 portionment to a State under paragraph (1)(A), the

22 State meets the requirement of subsection (b)(3),

23 the Secretary shall, on the first day on which the

24 State meets such requirement, apportion to the
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1 State the funds withheld under subsection (b) that

2 remain available for apportionment to the State.

3 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE4 QUENTLY APPORTIONED FUNDS.—

5 ‘‘(A) IN GENERAL.—Any funds appor6 tioned pursuant to paragraph (2) shall remain

7 available for expenditure until the end of the

8 third fiscal year following the fiscal year in

9 which such funds are so apportioned.

10 ‘‘(B) TREATMENT OF CERTAIN FUNDS.—

11 Any funds apportioned pursuant to paragraph

12 (2) that are not obligated at the end of the pe13 riod referred to in subparagraph (A) shall

14 lapse.

15 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the

16 end of the period for which funds withheld under

17 subsection (b) from apportionment are available for

18 apportionment to a State under paragraph (1), the

19 State does not meet the requirement of subsection

20 (b)(3), such funds shall lapse.’’.

21 (b) CLERICAL AMENDMENT.—The item relating to

22 section 164 in the analysis for such chapter is amended

23 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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