This bill makes various changes and additions to present law concerning driving offenses, as follows:
(1) Under present law, when a judge approves the issuance of a restricted license to a person who violated the implied consent law, the judge must order the person to install and keep a functioning ignition interlock device as a condition of probation if, within the immediately preceding five-year-period, the person had a conviction or juvenile delinquency adjudication for implied consent, underage DUI, open container, or reckless driving (if the person was charged with DUI). This bill adds reckless endangerment (if the person was charged with DUI) and DUI to the list of prior offenses and delinquent acts for which an ignition interlock device must be ordered for issuance of a restricted license to a person who violates the implied consent law;
(2) Effective July 1, 2022, this bill adds going to and from medical treatment of the person or an immediate family member or provision of care for the person or an immediate family member suffering from a serious illness to the list of limited purposes for which a court may permit a person to operate a motor vehicle with a driver license that is subject to geographic restrictions;
(3) Under present law, when a court orders issuance of a restricted license to a DUI offender who has a prior DUI conviction within the immediately preceding 10 years, the court must order the person to only operate a motor vehicle equipped with an ignition interlock device for the entire period of the restricted license plus six months after the license revocation period expires. Present law also requires that persons with a prior DUI conviction within the immediately preceding five years must, before being issued a driver license of any kind, operate only a motor vehicle, after the license revocation period, that is equipped with an interlock device for six months. This bill deletes the requirement that the interlock be maintained for six months after expiration of the license revocation period and authorizes persons who are subject to such restriction to petition the department of safety for reissuance of their driver license. If the person complies with all other requirements for reinstatement and has no other revocations or suspensions on the person's driving record, then this bill requires the department to reinstate the driver license. The provisions described in this (3) take effect July 1, 2022;
(4) Generally, under present law, when a person who is not otherwise prohibited from having a restricted license applies for a restricted license, the court must order the installation and use of an interlock device for a 365-consecutive-day period or for the entire period of the person's driver license revocation, whichever is longer (a period that this bill defines as the "ignition interlock usage period"). The consecutive day requirement commences on the date of the ignition interlock installation. This bill requires that the consecutive day requirement commences on the date of interlock installation, if the person applies for their restricted license within 10 days of the issuance of a court order authorizing a restricted license. If the person does not have a court order or does not apply within the 10 days, then the ignition interlock usage period must commence on the date of issuance of a driver license with interlock restrictions, as described in (5);
(5) Under present law, if a person does not apply for reinstatement of a driver license until after the period of revocation, the department is prohibited from reinstating the person's license until the person shows proof of ignition interlock installation. Upon proof being shown and the driver license reinstated, the 365 consecutive days of usage period commences on the date the license is reinstated. Under this bill, upon proof being shown and the driver license reinstated with interlock restrictions, the ignition interlock usage period commences on the date the license is reinstated and continues for the full ignition interlock usage period that matches the person's license revocation period until compliance is established. This bill prohibits the department of safety from accepting a court order waiving any ignition interlock requirements if the court order is not in compliance with statutory requirements;
(6) If at any time during the 365-consecutive-day period, the department determines that a person who is required to have an interlock device removes or causes to be removed the ignition interlock device, the device must be reinstalled and the 365-consecutive-day period starts again from the date of the reinstallation. This bill adds to present law so that the ignition interlock usage period must start again from the date compliance is reestablished, if at any time during the ignition interlock usage period, the department determines that the person:
(A) Removed the ignition interlock device from the motor vehicle;
(B) Failed to appear at the ignition interlock device provider when required for calibration, monitoring, or inspection of the device;
(C) Tampered with or circumvented the ignition interlock device; or
(D) Failed to maintain the device in working order for the ignition interlock usage period, unless the ignition interlock usage period has been tolled.
This bill also states that failure to comply with (A)-(D) will result in the ignition interlock usage period starting over;
(7) Present law lists several conditions that a person cannot violate during the final 120-day period for which an ignition interlock device is required. A violation results in the resetting of the 120-day period. This bill moves the prohibition described in (6)(B) from a violation that resets the 120-day period to a violation that resets the entire ignition interlock usage period;
(8) This bill reorganizes present law provisions concerning the administrative process for verifying a person's compliance with requirements for an ignition interlock device and seeking review of adverse decisions. This bill makes some changes to the administrative process with regard to establishing new deadlines for providing compliance data and clarifying the roles of the department and certified ignition interlock providers;
(9) Effective July 1, 2022, this bill establishes a process by which a person who is unable to produce enough breath volume to operate an ignition interlock device may apply to the trial court or a court in the person's county of residence having jurisdiction over DUI offenses for an order to waive the ignition interlock requirement and issuance of a restricted driver license. The full text of this bill describes the evidentiary burden an applicant will bear in such process. An applicant who is granted a waiver will be required to pay a $65.00 fee for issuance of a restricted license;
(10) Effective July 1, 2022, this bill authorizes a nonresident who is required to install and maintain an ignition interlock device under Tennessee law to request a waiver developed by the department to be completed by the nonresident's home state. Upon acceptance of the completed waiver by the department, the ignition interlock installation requirement must be waived. If at any time the nonresident becomes a resident of Tennessee, then the resident must comply with the interlock device requirements and the ignition interlock usage period will commence on the date of driver license issuance with proof an ignition interlock device has been installed on the motor vehicle;
(11) Present law prohibits a person from operating a motor vehicle that is not equipped with a functioning ignition interlock device when the person has been ordered by the court to only operate a vehicle equipped with such an interlock device. Effective July 1, 2022, this bill clarifies that such prohibition also applies when the person has been ordered by statute to only operate a vehicle equipped with such an interlock device;
(12) Effective July 1, 2022, this bill authorizes a person who is subject to a restricted driver license or an ignition interlock device requirement to petition a court for reinstatement of the person's driver license. If the person complies with all other requirements for reinstatement and has no other revocations or suspensions on the person's driving record, then the court may order reinstatement. Upon receipt of the court order, if the person complies with all other requirements for reinstatement and has no other revocations or suspensions on the person's driving record, then the department will be authorized to reinstate the license;
(13) This bill adds that a person who is convicted for a violation described in (11) will be required to complete an additional consecutive 365-day ignition interlock usage period, regardless of whether the person has already completed an ignition interlock usage period for the underlying offense; and
(14) This bill establishes a system licensing for manufacturers, service centers, technicians, and subcontractors who provide compliance-based ignition interlock services. A license will be required for the provision of such services. The department will establish most of the licensure system by rules, although this bill specifies a system of due process by which applicants for licensure and licensees who are subject to administrative discipline by the department may seek review of adverse action. This bill also establishes a maximum fee of $250 for initial applications, $150 for renewal applications, and $100 for late fees.
Except as otherwise specified in this Summary, the provisions of this bill take effect January 1, 2023.
ON MARCH 7, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2434, AS AMENDED.
AMENDMENT #1 revises the provisions described above in item (9) of the bill summary regarding a person applying to the trial court if the person is unable to produce enough breath volume to operate an ignition interlock device. Under this amendment, in such circumstances, the person will apply to the department, instead of the court, for a waiver. This amendment also clarifies that applications must be accompanied by statements from an interlock provider and physicians and imposes certain time limits for the submission of such statements and other requirements regarding the department's review of the application. This amendment replaces the requirement of a restricted driver license when a waiver is granted with a requirement that the driver specify the driving restrictions. This amendment makes other technical, nonsubstantive changes to this bill.
ON APRIL 11, 2022, THE HOUSE SUBSTITUTED SENATE BILL 2434 FOR HOUSE BILL 2184, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2434, AS AMENDED.
AMENDMENT #1 clarifies that failure to comply with the conditions set out above in the bill summary in (6)(A)-(D) will result in the extension of the ignition interlock usage period by 120 days during which the person must remain in compliance with items (A)–(C) in order to avoid additional extension and adds that failure to comply with (D) will result in the restart of the full ignition interlock usage period.

Statutes affected:
Current Version: 55-10-409(b)(2)(B)(iv), 55-10-409, 55-10-409(c)(1), 55-10-409(d)(2)(A), 55-10-417(a)(3), 55-10-417, 55-10-417(b), 55-10-417(c), 55-10-417(d), 55-10-417(k), 55-10-417(l), 55-10-417(m), 55-10-425(a), 55-10-425, 55-10-425(b)(1), 55-10-425(b)(2), 55-10-425(b)(4)(A), 55-10-425(c), 55-10-425(d), 55-10-425(e), 55-10-425(f), 55-10-425(g), 55-10-417(h)(2), 55-10-417(j)