Amends TCA Title 40, Chapter 11.

This bill makes it a mandatory condition of bail for a defendant charged with DUI, vehicular assault, aggravated vehicular assault, vehicular homicide involving the driver's intoxication, or aggravated vehicular homicide, to operate only a motor vehicle equipped with a functioning ignition interlock device if certain circumstances exist, as discussed below.<br /> <br /> Under present law, when the court is determining the amount and conditions of bail to be imposed upon a defendant who is charged with DUI and who has one or more prior convictions for one of the offenses listed above, or a prior conviction in another state that qualifies, the court must consider the use of special conditions for the defendant, including, but not limited to:<br /> <br /> (1) The use of ignition interlock devices;<br /> <br /> (2) The use of transdermal monitoring devices or other alternative alcohol monitoring devices;<br /> <br /> (3) The use of electronic monitoring with random alcohol or drug testing; or<br /> <br /> (4) Pretrial residency in an in-patient alcohol or drug rehabilitation center.<br /> <br /> Under this bill, unless the court determines the requirement would not be in the best interest of justice and public safety, the use of the ignition interlock device will be a mandatory condition of bail for a person charged with one of the offenses listed above in the first paragraph and the alleged offense involved the use of alcohol if:<br /> <br /> (A) The offense resulted in a collision involving property damage;<br /> <br /> (B) A minor was present in the vehicle at the time of the alleged offense;<br /> <br /> (C) The defendant's driver license has previously been suspended for a violation of the present law provision regarding breath and blood tests to determine alcohol or drug content of a motor vehicle operator's blood; or <br /> <br /> (D) The defendant has a prior conviction for the present law offenses of reckless driving, reckless endangerment, DUI of an intoxicant, vehicular assault, aggravated vehicular assault, vehicular homicide involving the driver's intoxication, or aggravated vehicular homicide.<br /> <br /> This bill requires the defendant to submit proof of installation of the device to the district attorney general within 10 days of being released on bail. If the court determines that the defendant is indigent, the court must order that the portion of the costs of the device that the defendant is unable to pay be paid by the electronic monitoring indigency fund. Under this bill, if the court does not require the defendant to operate only a motor vehicle equipped with a functioning ignition interlock device, then the court must include in its order written findings on why the requirement would not be in the best interest of justice and public safety.<br /> <br /> This bill maintains the requirement that the court consider the other conditions listed above in (2)-(4), but under this bill this provision will apply if the defendant is charged with any of the offenses listed in the first paragraph (instead of just DUI), has a prior conviction of any one of those listed offenses, and is not subject to the mandatory use of a transdermal monitoring device as a condition of bail pursuant to another provision of present law. <br /> <br /> ON APRIL 13, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 882, AS AMENDED.<br /> <br /> AMENDMENT #1 changes this bill's effective date from July 1, 2021, to July 1, 2022.<br />