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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: January 12, 2017 10:16 AM
From: Representative Dom Costa
To: All House members
Subject: Ignition Interlock as a Condition of Bail for DUI Offenses (Former HB1775)
In the near future, I will re-introduce legislation – former House Bill 1775 of the 2015-2016 Legislative Session – that would require installation of an ignition interlock system as a condition of bail for certain defendants charged with driving under the influence (DUI).

Specifically, my legislation would impose the requirement on defendants who are charged with a second or subsequent DUI offense within the past ten years. Judges are also given the discretion to order installation of an ignition interlock system if they believe it is necessary to ensure the safety of any person or the community, even if the defendant is not a repeat offender. Defendants would be required to participate in a 24/7 sobriety monitoring program until they can show proof that the ignition interlock system was installed. Bail can be revoked if the defendant is arrested for a subsequent DUI violation, drives a vehicle not equipped with an ignition interlock system, or tampers with the system.

Under current law, a judge can order installation of an ignition interlock system only if a person is convicted of a DUI offense. However, DUI offenders, especially repeat offenders, can still pose a safety risk to the community when they are released pending trial. My legislation protects the public from harm while still allowing the defendant to maintain freedom and the ability to drive when awaiting trial. Importantly, my legislation also protects the assumption that a person is innocent until proven guilty. The county would cover costs of the ignition interlock system and the sobriety monitoring program and then, if the defendant is convicted, he or she would reimburse the county for all costs.

Please join me in co-sponsoring this important legislation.

Introduced as HB311