DRAFT 3/18/2012 5:05 PM For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

Office of Sen. Mike Johnston Colorado General Assembly | 200 E. Colfax Avenue | Denver, CO 80203 | 303.866.4864

FACT SHEET MEMORANDUM HB 12-1168

Ignition Interlock Device Recodification Rep. Young & Sen. Morse

Staff Name: Kelson Bohnet What the Bill Does: An ignition interlock device (IID) is a device connected to a car’s engine ignition system. It often includes a breath-testing apparatus. Before starting the engine, the driver must use the device to test his or her breath. If the device detects alcohol and calculates a certain blood-alcohol content level, it will prevent ignition for a certain period of time. The driver must also use the device periodically while driving to continue using the vehicle.1 Currently, there are seven categories of offenders who are required to install an IID, including those who might refuse a breath or blood test when being arrested on suspicion of a DUI. These range from certain first-time offenders to those designated as habitual traffic offenders, and the IID time requirements range from eight months to four years.2 HB 12-1168 repeals and recodifies most of the statutory provisions relating to IIDs. In the recodification, the bill makes small changes to statutory references and technical language. The only major change involves adding IIDs to the list of discretionary probation conditions available to judges during sentencing. The bill encourages courts to require the use of IID when imposing a sentence of probation pursuant to any traffic or other alcohol-related offenses. However, the decision on imposing and IID as a condition of probation is ultimately left to the judge’s discretion. Colorado Context: In the last fiscal year, there were 237 vehicular assault or homicide filings in Colorado’s District Courts, excluding Denver. Those same District Courts also saw 925 Habitual Traffic Offender filings.3 The state’s County Courts, again excluding Denver, saw 38,918 Driving Under Revocation filings, 925 Driving While Ability Impaired Filings, 22,021 Driving Under the Influence findings, and 2,850 Habitual Traffic Offender filings.4 The fiscal note for HB 12-1168 estimates that judges will order 700 additional defendants to add IIDs to their vehicles per year.5

1 Colo. Dept. of Revenue – Div. of Motor Vehicles., Interlock Restricted License (2012), http://www.colorado.gov/cs/

Satellite/Revenue-MV/RMV/1188338057330. 2 Id.

3 Colo. State Judicial Branch, Dist. Ct. Crim. Filings by Type, FY 2011 (2012), www.courts.state.co.us/userfiles/file/

Administration/Planning_and_Analysis/Annual_Statistical_Reports/2011/District%20Court/Table18.pdf. 4 Colo. State Judicial Branch, Cnty. Ct. Crim. Filings by Type, FY 2011 (2012), www.courts.state.co.us/userfiles/file/

Administration/Planning_and_Analysis/Annual_Statistical_Reports/2011/County%20Court/Table30.pdf; Colo. State Judicial

DRAFT 3/18/2012 5:05 PM For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

National Context: All states have statutes that relate ignition interlock devices. Fourteen states, including New Mexico and Utah, have mandatory IID provisions for all alcohol-and-driving related offenses. In comparison, Colorado’s law does not make an IID for first convictions but instead strongly encourages it. Florida, Georgia, Maryland, Minnesota, New Mexico, Ohio, and Utah all have statutory provisions that seem to include IIDs as a possible probation measure. Most of these provisions require the IID as a condition of probation, whereas HB 12-1168 would leave the IID to the discretion of the judge.6 Bill Provisions:

Repeals Colorado’s statutes relating to Ignition Interlock Devices

Reenacts these statutes

Makes several reference and language changes

Adds the condition of using an Ignition Interlock Device as a discretionary condition of probation for an offender sentenced on an alcohol-and-driving offense

Fiscal Impact: HB 12-1186 will require increased general fund expenditure of approximately $37,085 per fiscal year, and the addition of 0.6 full-time employees. It is estimated that courts will require an additional 700 defendants per year to install an IID. Probation officers will thus be forced to confirm that the devices were installed successfully, and impose penalties and attend court hearings for any IID-related violations. The bill could also result in increased incarceration, because some offenders are expected to have their probation revoked as a result of violating the IID condition.7

Branch,Traffic Filings by Type, FY 2011 (2012), www.courts.state.co.us/userfiles/file/ Administration/Planning_and_Analysis/Annual_Statistical_Reports/2011/County%20Court/Table32.pdf. 5 Fiscal Note, H.B. 12-1168, 68th Gen. Assemb., Reg. Sess. (Colo. 2012).

6 Nat’l Conf. of State Legs., State Ignition Interlock Laws (2012), http://www.ncsl.org/issues-research/ transport/state-ignition-

interlock-laws.aspx. 7 See Fiscal Note, supra note 5.