D.C. Law 25-161. Strengthening Traffic Enforcement, Education, and Responsibility (STEER) Amendment Act of 2024.

AN ACT

To amend the Motor Vehicle Services Fees and Driver Education Support Act of 1982 to require that the Department of Motor Vehicles ("DMV") develop a safe driving curriculum and to authorize the DMV to waive outstanding fines and fees based on participation in the program; to amend the Motor Vehicle Safety Responsibility Act of the District of Columbia to clarify the offenses for which a conviction or bond forfeiture results in a suspension of licenses and registrations and to state the requirements for the reinstatement of licenses and registrations; to amend the District of Columbia Traffic Act, 1925 to allow the District to tow or immobilize vehicles based on the accumulation of certain traffic infractions over any consecutive 6 months, regardless of whether the associated fine is paid or unpaid, to amend the definitions of reckless driving and aggravated reckless driving, to authorize the Office of Attorney General to bring civil actions against drivers for speeding, reckless driving, and aggravated reckless driving, to modify the requirements of the Ignition Interlock Program, including the conduct for which enrollment can be required, notice requirements for District agencies, hearing procedures, and the cost to participants, to establish the Intelligent Speed Assistance Program, to specify that the Mayor's general authority to restrict driving privileges requires good cause and to provide the notice requirements for restricting driving privileges under that authority; to amend An Act To establish a code of law for the District of Columbia to clarify that negligent homicide includes striking any person in a crosswalk; to amend the Anti-Drunk Driving Act of 1982 to require that judges for the Superior Court of the District of Columbia order the revocation of driver's licenses for individuals convicted of driving under the influence and to require that the Department of Motor Vehicles transmit data related to revocation of driver's licenses in response to such orders to the Superior Court of the District of Columbia, the Office of the Attorney General, and the Council committee with oversight over the Department of Motor Vehicles; and to amend the District of Columbia Revenue Act of 1937 to require that the Metropolitan Police Department transit data related to stolen vehicles to the Department of Motor Vehicles.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Strengthening Traffic Enforcement, Education, and Responsibility ("STEER") Amendment Act of 2024".

Sec. 2. The Motor Vehicle Services Fees and Driver Education Support Act of 1982, effective April 3, 1982 (D.C. Law 4-97; 29 DCR 765), is amended by adding a new section 9a to read as follows:

"Sec. 9a. Safe driving course; waiver of fines for completion of course.

"(a) The Department of Motor Vehicles ("DMV") shall develop and administer a safe driving curriculum composed of different courses related to safe driving practices and traffic regulations.

"(b)(1) The DMV may waive any outstanding fines for violations of section 9 of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (34 Stat. 1123; D.C. Official Code § 50-2201.04), based on an individual's participation in, and completion of, courses developed pursuant to subsection (a) of this section.

"(2) Waivers under this subsection shall be provided at a rate of $100 per hour of participation in a completed course; provided, that the DMV shall not waive more than $500 per individual in any consecutive 12-month period.".

Sec. 3. The Motor Vehicle Safety Responsibility Act of the District of Columbia, approved May 25, 1954 (68 Stat. 120; D.C. Official Code § 50-1301.01 et seq.), is amended as follows:

(a) Section 2(3)(C) (D.C. Official Code § 50-1301.02(3)(C)) is amended by striking the phrase "nonresident's operating privilege as defined herein" and inserting the phrase "nonresident's privilege to operate a motor vehicle in the District of Columbia" in its place.

(b) Section 34 (D.C. Official Code § 50-1301.34) is amended as follows:

(1) The section heading is amended by striking the phrase "of future responsibility" and inserting the phrase "proof of financial responsibility" in its place.

(2) Strike the phrase "responsibility for the future, subject" and insert the phrase "responsibility, subject" in its place.

(c) Section 35 (D.C. Official Code § 50-1301.35) is amended to read as follows:

"Sec. 35. Definitions.

" For the purposes of this act, the term:

"(1) "DMV" means the Department of Motor Vehicles established by section 1822(a) of the Department of Motor Vehicles Establishment Act of 1998, effective March 26, 1999 (D.C. Law 12-175; D.C. Official Code § 50-901(a)).

"(2) "Judgment" means any judgment which shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state, the District of Columbia, or of the United States, upon a cause of action arising out of the ownership, maintenance, or use of any vehicle of a type subject to registration under the laws of the District of Columbia, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property including the loss of use thereof, or upon a cause of action on an agreement of settlement for such damages.

"(3) "Proof of financial responsibility" or "proof" means proof that the motor vehicle subject to registration or reciprocity under the laws of the District of Columbia is an insured motor vehicle under the provisions of the Compulsory/No-Fault Motor Vehicle Insurance Act of 1982, effective September 18, 1982 (D.C. Law 4-155; D.C. Official Code § 31-2401 et seq.).

"(4) "State" means any state, territory, or possession of the United States or any province or territory of Canada.".

(d) Section 36 (D.C. Official Code § 50-1301.36) is repealed.

(e) Section 37 (D.C. Official Code § 50-1301.37) is amended to read as follows:

"Sec. 37. Suspension of license and registration upon conviction of certain offenses; exceptions; transmission of judgments.

"(a) The DMV shall suspend, in accordance with the requirements of section 38, the license and registration of any person who was convicted or adjudicated a juvenile delinquent by a final order or judgment for, or who forfeited any bond or collateral given to secure their appearance for trial for a violation of, the following offenses:

"(1) Driving under the influence (DUI) of alcohol or a drug, as described in section 3b of the Anti-Drunk Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code § 50-2206.11);

"(2) Driving under the influence of alcohol or a drug; commercial vehicle, as described in section 3c of the Anti-Drunk Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code § 50-2206.12);

"(3) Operating a vehicle while impaired, as described in section 3e of the Anti-Drunk Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code § 50-2206.14);

"(4) Any homicide resulting from a person being struck by a motor vehicle, including:

"(A) Murder in the first degree, as described in sections 798 of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1321; D.C. Official Code § 22-2101);

"(B) Murder in the second degree, as described in section 800 of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1321; D.C. Official Code § 22-2103);

"(C) Manslaughter; and

"(D) Negligent homicide, as described in section 802(a) of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (49 Stat. 385; D.C. Official Code § 50-2203.01);

"(5) Leaving after colliding, as described in section 10c of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1124; D.C. Official Code § 50-2201.05c);

"(6) Aggravated reckless driving, as described in section 9(b-1) of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1123; D.C. Official Code § 50-2201.04(b-1));

"(7) Any felony in the commission of which a motor vehicle is used; or

"(8) Any offense committed in another state which, if committed in the District of Columbia, would constitute one of the offenses listed in paragraphs (1) through (7) of this subsection.

"(b) Notwithstanding subsection (a) of this section, the DMV shall not suspend registrations as described in subsection (a) of this section in cases where the conviction was based on:

"(1) A person's operation of a vehicle owned by or leased to the United States, the District of Columbia, another state, or a political subdivision thereof; and

"(2) The person was acting as an agent of the United States, the District of Columbia, another state, or a political subdivision thereof.

"(c)(1)(A) Whenever a judgment of conviction for any offense listed in subsection (a) of this section has become final, the Superior Court of the District of Columbia shall transmit a record of the conviction to the DMV.

"(B) A judgment of conviction shall be deemed to have become final for the purposes of this subsection if:

"(i) No appeal is taken from the judgment upon the expiration of the time within which an appeal could have been taken; or

"(ii) An appeal is taken from the judgment, the date upon which the judgment, having been sustained, can no longer be appealed from or reviewed on a writ of certiorari.

"(2) If the DMV receives a record of a conviction of a nonresident, the DMV shall transmit the record to the state or territorial agency that issued the nonresident's license.

"(d) Nothing in this section shall limit the power of a judge of the Superior Court of the District of Columbia to limit or restrict a defendant's driving privileges as a condition of a pre-trial release or as a component of the defendant's sentence.".

(f) Section 38 (D.C. Official Code § 50-1301.38) is amended to read as follows:

"Sec. 38. Requirements for reinstatement of license and registration.

"(a) For a person whose license and registration was suspended pursuant to section 37, the person's license and registration shall remain suspended, and the person shall be ineligible for a new or renewed license or registration, until the person:

"(1) Completes a 6-month period of license and registration suspension;

"(2) Provides and maintains proof of financial responsibility;

"(3) Pays a $100 reinstatement fee;

"(4) If the person committed a covered offense, as that term is defined in section 10a(a) of the District of Columbia Traffic Act, 1925, effective April 3, 2001 (D.C. Law 13-238; D.C. Official Code § 50-2201.05a(a)) ("Traffic Act of 1925"), successfully completes the period of enrollment in the Ignition Interlock Program as required by section 10a of the Traffic Act of 1925; and

"(5) If the person was traveling 20 miles per hour or more over the speed limit during the commission of the offense, successfully completes the period of enrollment in the Intelligent Speed Assistance Program as required by section 10a-1 of the Traffic Act of 1925.

"(b) If a person is required to be enrolled indefinitely in the Ignition Interlock Program pursuant to section 10a(h)(1)(D) of the Traffic Act of 1925 or is required to be enrolled indefinitely in the Intelligent Speed Assistant Program pursuant to section 10a-1(c)(4) of the Traffic Act of 1925, the person shall not be issued a license and, instead, shall only be issued a restricted license subject to the condition that the person remain enrolled in the Ignition Interlock Program or Intelligent Speed Assistant Program, respectively.

"(c) The DMV may, through rulemaking, adopt additional requirements that must be satisfied before a person's license is reinstated as described in subsection (a) of this section.".

(g) Section 39 (D.C. Official Code § 50-1301.39) is repealed.

(h) Section 40 (D.C. Official Code § 50-1301.40) is repealed.

(i) Section 52 (D.C Official Code § 50-1301.52) is amended by striking the phrase "responsibility for the future unless" and inserting the phrase "responsibility unless" in its place.

Sec. 4. The District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1119; D.C. Official Code § 50-2201.01 et seq.), is amended as follows:

(a) Section 2 (D.C. Official Code § 50-2201.02) is amended as follows:

(1) The lead-in language is amended by striking the phrase "this act," and inserting the phrase "this act, and all rules issued thereunder," in its place.

(2) New paragraphs (8A) and (8B) are added to read as follows:

"(8A) "Immobilization device" means any device or mechanism that, when equipped to a motor vehicle, prevents the motor vehicle's operation but causes no damage to the motor vehicle unless the motor vehicle is moved while such device or mechanism is in place.

"(8B) "Immobilization-eligible vehicle" means any unattended vehicle found parked on any public highway in the District of Columbia against which:

"(A) There are 2 or more unpaid notices of infraction or vehicle conveyance fees that the owner was deemed to have admitted or that were sustained after a hearing pursuant to section 305 or section 306 of the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2303.05 or § 50-2303.06) or section 902 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code 50-2209.02);

"(B) There have been issued 2 or more warrants; or

"(C) The Mayor has assessed 10 or more points under this subparagraph based on convictions, sustained notices of infractions, including infractions detected by the automated traffic enforcement system described in section 901 of the Fiscal Year 1997 Budget Support Act, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01), or adjudications as a juvenile delinquent, within any consecutive 6-month period beginning after the effective date of the Strengthening Traffic Enforcement, Education, and Responsibility ("STEER") Amendment Act of 2024, passed on 2nd reading on February 6, 2024 (Enrolled version of Bill 25-425), in accordance with the following table:

Infractions / Offenses Points
Speeding 11-15 miles per hour over the speed limit 2
Speedling 16-19 miles per hour over the speed limit 3
Speeding 20 miles per hour or more over the speed limit 5
Reckless Driving 5
Aggravated Reckless Driving 10

(3) Paragraph (15) is repealed.

(b) Section 6(k) (D.C. Official Code § 50-2201.03(k)) is amended as follows:

(1) Paragraph (1) is amended to read as follows:

"(1) The Mayor and the United States Park Police may take the following actions against an immobilization-eligible vehicle:

"(A) Remove the vehicle, through towing or other means, and transport the vehicle to any place designated by the Mayor for impoundment; or

"(B) Immobilize the vehicle using an immobilization device.".

(2) Paragraph (5) is amended by striking the period and inserting the phrase "; provided, that in the case of an immobilization or impoundment made pursuant to section 2(8B)(C), the owners shall also provide evidence of completion of a safe driving course created pursuant to section 9a(a) of the Motor Vehicle Services Fees and Driver Education Support Act of 1982, passed on 2nd reading on February 6, 2024 (Enrolled version of Bill 25-425)." in its place.

(c) Section 9 (D.C. Official Code § 50-2201.04) is amended to read as follows:

"Sec. 9. Speeding and reckless driving.

"(a) No vehicle shall be operated at a greater rate of speed than permitted by the regulations adopted under the authority of this act.

"(b) A person commits the offense of reckless driving if the person drives a motor vehicle on any highway in the District:

"(1) At a speed of 20 miles per hour or more in excess of the speed limit; or

"(2) In any other manner that displays a conscious disregard of the risk of causing property damage or bodily injury to any person.

"(c) A person commits the offense of aggravated reckless driving if the person drives a motor vehicle on any highway in the District:

"(1) At a speed of 30 miles per hour or more above the speed limit; or

"(2) At a speed of 20 miles per hour or more above the speed limit; and

"(A) Causes bodily injury to any other person;

"(B) Collides with another motor vehicle; or

"(C) Causes $1,000 or more in property damage.

"(d) A person convicted of reckless driving shall:

"(1) For a first or second conviction of reckless driving, be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 90 days, or both; and

"(2) For a third or subsequent conviction for reckless driving within a 2-year period, be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than one year, or both.

"(e) A person convicted of aggravated reckless driving shall be:

"(1) For a first or second conviction of aggravated reckless driving, be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 180 days, or both; and

"(2) For a third or subsequent conviction for aggravated reckless driving within a 2-year period, be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 2 years, or both.

"(f) When determining whether a defendant has a prior conviction for reckless driving or aggravated reckless driving, the Court shall include convictions for any offense from another state or territory of the United States which, if committed in the District of Columbia, would constitute reckless driving or aggravated reckless driving, respectively.

"(g)(1) The Attorney General may bring a civil cause of action in the Superior Court of the District of Columbia:

"(A) In personam, against any driver who is suspected of violating this section; or

"(B) In rem, against any motor vehicle operated by a driver in a manner that violates this section.

"(2) The Attorney General shall not bring a civil cause of action as described in paragraph (1) of this subsection against any person or motor vehicle:

"(A) Regarding a violation of this section for which the fine imposed pursuant to regulations adopted under subsection (a) of this section:

"(i) Is being contested or appealed;

"(ii) Is not yet due;

"(iii) Has been paid by the defendant; or

"(iv) Is subject to a payment plan through which the defendant is making timely payments; or

"(B) Who is currently serving or has completed serving the sentence imposed pursuant to subsection (d) or subsection (e) of this section.

"(3) In civil actions brought pursuant to paragraph (1) of this subsection, the Attorney General may seek:

"(A) Payment of any portion of the person's outstanding fines;

"(B) Reasonable attorney's fees;

"(C) For a defendant with a driver's license issued by:

"(i) The District, the suspension or revocation of the defendant's driver's license; or

"(ii) Another jurisdiction, the suspension or revocation of the defendant's privilege to drive in the District; and

"(D) The immobilization of the motor vehicle through booting or towing and impoundment.

"(4) If a court orders the immobilization of a motor vehicle through booting or towing and impounding pursuant to paragraph (3)(D) of this subsection, the court's order:

"(A) Shall include a procedure to have the boot removed or the motor vehicle reclaimed from impoundment that is consistent with the requirements of section 9 of the Removal and Disposition of Abandoned and Other Unlawfully Parked Vehicles Reform Act of 2003, effective October 28, 2003 (D.C. Law 15-35; D.C Official Code § 50-2421.09) ("Impoundment Act") and District government policy; and

"(B) May state a date after which, if the order has not been with, the Mayor may auction or scrap the motor vehicle consistent with sections 8 and 10 of the Impoundment Act.

"(5) The Attorney General may seek to enforce any final judgment in a case brought pursuant to paragraph (1) of this subsection in any court of competent jurisdiction.

"(6) The Attorney General may retain outside counsel to perform any of the functions described in this subsection.".

(d) Section 10a (D.C. Official Code § 50-2201.05a) is amended to read as follows:

"Sec. 10a. Establishment of Ignition Interlock System Program.

"(a) For the purposes of this section, the term "covered offense" means:

"(1) Driving under the influence (DUI) of alcohol or a drug, as described in section 3b of the Anti-Drink Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code § 50-2206.11);

"(2) Driving under the influence of alcohol or a drug; commercial vehicle, as described in section 3c of the Anti-Drink Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code § 50-2206.12);

"(3) Operating a vehicle while impaired, as described in section 3e of the Anti-Drink Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code § 50-2206.14);

"(4) Refusal to submit to chemical testing as required under section 4b of the District of Columbia Implied Consent Act, approved October 21, 1972 (86 Stat. 1017; D.C. Official Code § 50-1904.02); or

"(5) Any other offense or conduct committed in another jurisdiction, including foreign jurisdictions and military jurisdictions, which, if committed in the District of Columbia, would be one of the offenses listed in paragraphs (1) through (4) of this subsection.

"(b) There is established within the Department of Motor Vehicles ("DMV") an Ignition Interlock Program that shall install, and monitor compliance with, ignition interlock systems in the vehicle of any person:

"(1) Found to have committed a covered offense as described in subsections (c) through (f) of this section; or

"(2) Convicted of an offense requiring enrollment as a condition of reinstatement pursuant to section 38(a)(4) of the Motor Vehicle Safety Responsibility Act of the District of Columbia, approved May 25, 1954 (68 Stat. 130; D.C. Official Code § 50-1301.38(a)(4)).

"(c) Law enforcement officers shall for any person the officer has probable cause to believe committed a covered offense:

"(1) Immediately provide notice to the person, that:

"(A) The DMV shall seek the revocation of the person's license and, for a person with a license issued by the DMV, require that the person enroll in the Ignition Interlock Program established pursuant to subsection (b) of this section to receive a restricted license;

"(B) The person has 10 business days from receipt of the notice to request a hearing with the DMV to contest the revocation of their license or the requirement to enroll in the Ignition Interlock Program; and

"(C) Failure to request a hearing within 10 business days shall result in the immediate revocation of the person's license; except, that the person may receive a restricted license if they are permitted to, and enroll in, the Ignition Interlock Program; and

"(2) Within 72 hours provide the DMV with:

"(A) The driver's name and license information;

"(B) The officer's name and badge number;

"(C) A description of the covered offense for which the officer has probable cause; and

"(D) Hearing dates and times for which the officer is available.

"(d)(1) A person who has received notice of the DMV's proposed revocation of their license or requirement to enroll in the Ignition Interlock Program as described in subsection (c)(1) of this section may request a hearing with the DMV within 10 business days after being provided notice.

"(2) For the purposes of this subsection, the person shall be considered to have been provided notice upon receipt of a letter containing the information described in subsection (c)(1) of this section that is either:

"(A) Hand delivered to the person; or

"(B) Delivered by certified mail to the address listed on the person's license.

"(e) The DMV, upon receipt of the information from the Metropolitan Police Department as described in subsection (c)(2) of this section, or from any agency that issues licenses in another state, shall:

"(1) If the person has requested a hearing within 10 business days, schedule a hearing within 10 business days from the date of the person's request or, if extenuating circumstances exist, 30 business days; or

"(2) If the person has not requested a hearing within 10 business days, revoke the person's license; except, that the person may receive a restricted license if they are permitted to, and enroll in, the Ignition Interlock Program.

"(f)(1) At any hearing scheduled pursuant to subsection (e)(1) of this section, the DMV shall determine whether, by clear and convincing evidence, the person committed a covered offense and the person's participation in the Ignition Interlock Program will adequately ensure for the safety of the person and the public.

"(2) If the DMV determines that the person committed the covered offense at issue, the DMV shall revoke the person's license.

"(3) If, after determining that the person committed the covered office at issue, the DMV determines that the person's participation in the Ignition Interlock Program will:

"(A) Adequately ensure the safety of the person and the public, the DMV shall require the person to enroll in the Ignition Interlock Program for the periods described in subsection (h) of this section as a condition for obtaining and maintaining a restricted license; or

"(B) Not adequately ensure the safety of the person and the public, the person shall not be permitted to enroll in the Ignition Interlock Program and the person's license shall remain revoked for the periods described in subsection (h) of this subsection.

"(4) If the DMV determines that the person did not commit the covered offense at issue, the DMV shall not take any action on the person's license.

"(g)(1) Upon receipt of notice of a person who must enroll in the Ignition Interlock Program pursuant to subsection (b)(2) of this section, the DMV shall:

"(A) Require the person's enrollment in the Ignition Interlock Program as a condition for obtaining and maintain a restricted license;

"(B) Permit the person to enroll in the Ignition Interlock Program;

"(C) Revoke the person's license and issue the person a restricted license that notes their participation in the Ignition Interlock Program and the requirements thereof; and

"(D) Not issue the person a license, other than a restricted license as described in subparagraph (A), until the person successfully completes a period of enrollment as described in subsection (h) of this section.

"(2)(A) The DMV shall provide notice to the person of the requirements of paragraph (1) of this subsection.

"(B) For the purposes of this paragraph, the person shall be considered to have been provided notice upon receipt of a letter containing the information required by subparagraph (A) of this paragraph that is either:

"(i) Hand delivered to the person; or

"(ii) Delivered by certified mail to the address listed on the person's license.

"(h)(1) A person's license shall remain revoked pursuant to subsection (f)(2) or subsection (g)(1)(C) of this section, and a person's enrollment in the Ignition Interlock Program shall remain a condition for obtaining and maintain a restricted license pursuant to subsection (f)(3)(A) or subsection (g)(1)(A) of this section, for the following periods:

"(A) For the first commission of a covered offense or conviction requiring enrollment, one year;

"(B) For the second commission of a covered offense or conviction requiring enrollment, 2 years;

"(C) For the third commission of a covered offense or conviction requiring enrollment, 3 years; and

"(D) For a fourth or subsequent commission of a covered offense or conviction requiring enrollment, indefinitely.

"(2) The DMV shall consider both previous commissions of a covered offense and previous convictions requiring enrollment under subsection (b) of this section when computing the period of enrollment required by paragraph (1) of this subsection.

"(3) When determining whether a person has been enrolled in the Ignition Interlock Program for the period required by paragraph (1) of this subsection, the DMV shall give credit to the person for any time spent enrolled in that program, prior to the person's conviction, for the same conduct that is the basis of the conviction for which the person is required to enroll in the program pursuant to paragraph (1) of this subsection.

"(i) A person enrolled in the Ignition Interlock Program pursuant to subsection (f)(3)(A) or subsection (g)(1)(A) of this section shall:

"(1) Install an ignition interlock system on each motor vehicle owned by or registered to the person; and

"(2) Not operate a motor vehicle that is not equipped with a functioning, certified ignition interlock system.

"(j) If a person fails to comply with the Ignition Interlock Program's requirements as described in subsection (i) of this section, the DMV shall immediately revoke the person's restricted license and:

"(1) For a person required to enroll in the program pursuant to section 38(a)(4) of the Motor Vehicle Safety Responsibility Act of the District of Columbia, approved May 25, 1954 (68 Stat. 130; D.C. Official Code § 50-1301.38(a)(4) as a condition of reinstatement, prohibit the person from re-enrolling in the Ignition Interlock Program for 6 months; or

"(2) For any other person, prohibit the person from re-enrolling in the Ignition Interlock Program.

"(k)(1) A person enrolled in the Ignition Interlock Program shall pay all costs associated with enrolling and participating in the Ignition Interlock Program except in cases where the Ignition Interlock Program determines the person is indigent as described in paragraph (2) of this subsection.

"(2)(A) Before a participant enrolls in the Ignition Interlock Program, the DMV shall determine whether a participant is indigent.

"(B) If a participant is determined to be indigent, the DMV shall pay all costs associated with that person's enrollment and participation in the Ignition Interlock Program for one year resulting from the first commission of a covered offense.

"(3) For the purposes of paragraph (2) of this subsection, the term "indigent" means a person who receives an annual income, after taxes, of 150% or less of the federal poverty guidelines as updated periodically in the Federal Register by the United States Department of Health and Human Services pursuant to section 673(2) of the Community Services Block Grant Act, approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2)).".

(e) A new section 10a-1 is added to read as follows:

"Sec. 10a-1. Establishment of Intelligent Speed Assistance Program.

"(a) There is established within the Department of Motor Vehicles ("DMV") an Intelligent Speed Assistance Program that shall install, and monitor compliance with, intelligent speed assistance systems that limit the speed at which a motor vehicle can travel based on the applicable speed limit in the vehicle of any person that is convicted of an offense requiring enrollment as a condition of reinstatement pursuant to section 38(a)(5) of the Motor Vehicle Safety Responsibility Act of the District of Columbia, approved May 25, 1954 (68 Stat. 120; D.C. Official Code § 50-1301.38(a)(5)).

"(b)(1) Upon receipt of notice of a person who must enroll in the Intelligent Speed Assistance Program pursuant to subsection (a) of this section, the DMV shall:

"(A) Require the person's enrollment in the Intelligent Speed Assistance Program as a condition for obtaining and maintain a restricted license;

"(B) Permit the person to enroll in the Intelligent Speed Assistance Program;

"(C) Revoke the person's license and issue the person a restricted license that notes their participation in the Intelligent Speed Assistance and the requirements thereof; and

"(D) Not issue the person a license, other than a restricted license as described in subparagraph (A), until the person successfully completes a period of enrollment as described in subsection (c) of this section.

"(2)(A) The DMV shall provide notice to the person of the requirements of paragraph (1) of this subsection.

"(B) For the purposes of this paragraph, the person shall be considered to have been provided notice upon receipt of a letter containing the information required by subparagraph (A) of this paragraph that is either:

"(i) Hand delivered to the person; or

"(ii) Delivered by certified mail to the address listed on the person's license.

"(c) A person's license shall remain revoked pursuant to subsection (b)(1)(C) of this section, and a person's enrollment in the Intelligent Speed Assistance Program shall remain a condition for obtaining and maintain a restricted license pursuant to subsection (b)(1)(A) of this section, for the following periods:

"(1) For the first conviction requiring enrollment, one year;

"(2) For the second conviction requiring enrollment, 2 years;

"(3) For the third conviction requiring enrollment, 3 years; and

"(4) For a fourth conviction requiring enrollment, indefinitely.

"(d) A person enrolled in the Intelligent Speed Assistance pursuant to subsection (a) of this section, shall:

"(1) Install an intelligent speed assistance system on each motor vehicle owned by or registered to the person; and

"(2) Not operate a motor vehicle that is not equipped with a functioning, certified intelligent speed assistance system.

"(e) If a person fails to comply with the Intelligent Speed Assistance Program's requirements as described in subsection (d) of this section, the DMV shall immediately revoke the person's restricted license and prohibit the person from re-enrolling in the Intelligent Speed Assistance Program for 6 months.

"(d)(1) A person enrolled in the Intelligent Speed Assistance Program shall pay all costs associated with enrolling and participating in the Intelligent Speed Assistance Program except in cases where the Intelligent Speed Assistance Program determines the person is indigent as described in paragraph (2) of this section.

"(2)(A) Before a participant enrolls in the Intelligent Speed Assistance Program, the DMV shall determine whether a participant is indigent.

"(B) If a participant is determined to be indigent, the DMV shall pay all costs associated with that person's enrollment and participation in the Intelligent Speed Assistance Program for one year resulting from the first conviction requiring enrollment.

"(3) For the purposes of this subsection, the term "indigent" means a person who receives an annual income, after taxes, of 150% or less of the federal poverty guidelines as updated periodically in the Federal Register by the United States Department of Health and Human Services pursuant to section 673(2) of the Community Services Block Grant Act, approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2)).".

(f) Section 13 (D.C. Official Code § 50-1403.01) is amended to read as follows:

"Sec. 13. Department of Motor Vehicles' authority to restrict, suspend, or revoke driving privileges for good cause; reciprocity; penalties.

"(a) In addition to any other authority provided under District law, the DMV may for good cause:

"(1) Suspend or revoke a person's license; or

"(2) Suspend or revoke a nonresident person's privilege to operate a motor vehicle in the District of Columbia.

"(b)(1) Prior to taking any action pursuant subsection (a) of this section, the DMV shall:

"(A) Provide notice to the person:

"(i) That the DMV is seeking to take one of the actions described in subsection (a) of this section;

"(ii) Of the DMV's rationale for taking the proposed action;

"(iii) That the person has 10 business days from the time of notice to request a hearing with the DMV to contest the proposed action; and

"(iv) That failure to request a hearing within 10 business days shall result in the proposed action being taken.

"(B) In cases where the DMV is seeking to revoke a nonresident person's privilege to operate a motor vehicle in the District of Columbia as described in subsection (a)(2) of this section, notify the state or territorial agency that has issued the nonresident person's license.

"(2) For the purposes of this subsection, the person shall be considered to have been provided notice upon receipt of a letter containing the information described in paragraph (1)(A) of this subsection that is either:

"(A) Hand delivered to the person; or

"(B) Delivered by certified mail to the address listed on the person's license.

"(c) The DMV shall suspend the license and registrations of a District resident if:

"(1) The DMV receives a certification from any state that it has suspended or revoked the operating privilege of that District resident; and

"(2) The suspension or revocation was based on a conviction for, or a forfeiture of any bond or collateral related to, an offense that, if committed in the District, would require the DMV to suspend a nonresident's operating privilege.

"(d) Any restriction, suspension, or revocation of a license imposed under this section shall be for a period determined by the DMV but shall not exceed 5 years.

"(e) This section shall be subject to the requirements of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.).

"(f) An individual found guilty of operating a motor vehicle in the District during the period for which the individual's license is revoked or suspended, or for which his right to operate is suspended or revoked, shall, for each such offense, be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than one year, or both.".

Sec. 5. Section 802(a) of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1189; D.C. Official Code § 50-2203.01), is amended by striking the phrase "a pedestrian" and inserting the phrase "any person" in its place.

Sec. 6. The Anti-Drunk Driving Act of 1982, effective September 14, 1982 (D.C. Law 4-145; D.C. Official Code § 50-2205.01 et seq.), is amended as follows:

(a) Section 3d(d-1) (D.C. Official Code § 50-2206.13(d-1)) is amended as follows:

(1) Paragraph (1) is amended to read as follows:

"(1) In addition to any other penalty provided by law, and notwithstanding section 10a of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1119; D.C. Official Code § 50-2201.05a et seq.), and section 38 of the Motor Vehicle Safety Responsibility Act of the District of Columbia, approved May 25, 1954 (68 Stat. 130; D.C. Official Code § 50-1301.38), the sentencing judge shall, upon conviction for violating any provision of section 3b or section 3c, when the person has been convicted of 2 prior offenses under section 3b, 3c, or 3e within the past 5 years, order the revocation of the defendant's driver's license or privilege to operate a motor vehicle in the District of Columbia until the DMV reinstates the person's driver's license or privilege to operate a motor vehicle in the District as described in paragraph (2) of this subsection, and transmit a copy of that order to the agency which issued the driver's license or privilege to operate a motor vehicle.".

(2) A new paragraph (1A) is added to read as follows:

"(1A) The Department of Motor Vehicles ("DMV") shall:

"(A) Upon receipt of an order revoking a defendant's license or privilege to operate a motor vehicle pursuant to paragraph (1) of this subsection or section 3f(c-1)(1), revoke the defendant's driver's license or privilege to operate a motor vehicle within 10 business days; and

"(B)(i) On January 1, 2025, and monthly thereafter submit a report to the Superior Court of the District of Columbia and the Office of the Attorney General listing the revocations of a driver's license or privilege to operate a motor vehicle the DMV has made in response to orders transmitted pursuant to paragraph (1) of this subsection since the most recent report submitted pursuant to this sub-subparagraph; and

"(ii) On January 1, 2025, and every 6 months thereafter, submit to the Council committee with oversight of the DMV a report listing the number of revocations of a driver's license or privilege to operate a motor vehicle the DMV has made in response to orders transmitted pursuant to paragraph (1) of this subsection since the most recent report submitted pursuant to this sub-subparagraph; provided, that the report submitted pursuant to this sub-subparagraph shall not include any personally identifying information.".

(b) Section 3f(c-1)(1) (D.C. Official § 50-2206.15(c-1)(1)) is amended to read as follows:

"(c-1)(1) In addition to any other penalty provided by law, and notwithstanding section 10a of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1119; D.C. Official Code § 50-2201.05a et seq.), and section 38 of the Motor Vehicle Safety Responsibility Act of the District of Columbia, approved May 25, 1954 (68 Stat. 130; D.C. Official Code § 50-1301.38), the sentencing judge shall, upon conviction for violating any provision of section 3e, when the person has been convicted of 2 prior offenses under section 3b, 3c, or 3e within the past 5 years, order the revocation of the defendant's driver's license or privilege to operate a motor vehicle in the District of Columbia until the DMV reinstates the person's driver's license or privilege to operate a motor vehicle in the District as described in paragraph (2) of this subsection, and transmit a copy of that order to the agency which issued the driver's license or privilege to operate a motor vehicle.".

(c) Section 3t (D.C. Official Code § 50-2206.55) is repealed.

Sec. 7. Section 2 of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat. 680; D.C. Official Code § 50-1501.02), is amended by adding a new subsection (l) to read as follows:

"(l)(1) Upon receipt of a report for a stolen motor vehicle registered in the District that MPD reasonably believes to be true, MPD shall transmit the following information to the District Department of Transportation ("DDOT"), the Department of Motor Vehicles ("DMV"), and the Department of Public Works ("DPW") within 5 business days:

"(A) The name, contact information, and driver's license number or identification card number of the stolen motor vehicle's owner;

"(B) The make, model, year, vehicle identification number, and plate number of the stolen motor vehicle; and

"(C) The dates during which the motor vehicle was or is alleged to have been stolen.

"(2) If, after transmitting information as described in paragraph (1) of this subsection, the MPD subsequently determines that it no longer reasonably believes a report of a stolen motor vehicle to be true, it shall notify the DMV of that determination within 5 business days.

"(3) DDOT shall not issue a notice of infraction for a moving violation detected by the automated traffic enforcement system authorized pursuant to section 901(a) of Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01(a)) if:

"(A) DDOT has received notice that the motor vehicle captured by the automated traffic enforcement system was stolen at the time of the violation as described in paragraph (1) of this subsection; and

"(B) MPD has not subsequently notified the DMV that it no longer reasonably believes the report of a stolen motor vehicle to be true.

"(4) DPW shall not issue a notice of infraction for any parking violation detected by a District agency if:

"(A) DPW has received notice that the motor vehicle was stolen at the time of the violation under paragraph (1) of this subsection; and

"(B) MPD has not subsequently notified DPW that it no longer reasonably believes the report of a stolen motor vehicle to be true.".

Sec. 8. Applicability.

(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of this act.

Sec. 9. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 10. Effective date.

This act shall take effect after approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as

provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December

24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).

Law Information

Cites

  • D.C. Law 25-161 (PDF)
  • 71 DCR 2248

Effective

Apr. 20, 2024

Legislative History (LIMS)

Law 25-161, the “Strengthening Traffic Enforcement, Education, and Responsibility (STEER) Amendment Act of 2024,” was introduced in the Council and assigned Bill No. 25-425 which was referred to the Transportation and the Environment. The bill was adopted on first and second readings on Jan. 9, 2024, and Feb. 6, 2024, respectively. After mayoral review, it was assigned Act No. 25-406 on Feb. 29, 2024, and transmitted to Congress for its review. D.C. Law 25-161 became effective Apr. 20, 2024.