Chapter 90 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 24P the following section:-

Section 24Q.  (1) As used in this section, "ignition interlock device" means a constant monitoring device certified by the secretary of public safety which prevents a motor vehicle from being started at any time without first determining the condition of the driver through the completion of the coordination test.  The device shall be calibrated so that the motor vehicle may not be started if the condition of the driver, as determined by the coordination test, is not satisfactory.

            (2) (a)  In addition to any other authorized penalties imposed as provided in subparagraph (1) of paragraph (a) of subsection (1) of section 24, and in addition to any requirements imposed as a condition for any suspension of sentence, the court may require that any person who is convicted of driving under the influence of intoxicating liquor and who is granted probation pursuant to section 24D or section 24E shall not operate a motor vehicle during the period of probation unless that vehicle is equipped with a functioning, certified ignition interlock device installed in such a manner that the vehicle will not start if the operator is not able to complete the coordination test; provided, however, that if such person was under the age of 21 when the offense was committed, the court shall order the installation of said device as a condition of probation.

                  (b) If the court imposes the use of an ignition interlock device as a condition of probation, the court shall:

                        (1) Stipulate on the record the requirement for, and the period of, the use of a certified ignition interlock device;

                        (2) Order that the records of the registry reflect such requirement;

                        (3) Order that an ignition interlock device be installed on each vehicle owned or operated by the probationers;

                        (4) Require the person to provide proof of compliance to the probation officer and the registry within 30 days.  If the person fails to provide proof of installation within that period, absent a finding by the court record, the court shall revoke or terminate the person's driving privileges for the remaining period during which the compliance was imposed.

                        (5) For the purposes of this paragraph, good cause for failure to comply shall mean any reason the court deems sufficiently justifiable to excuse the person's failure to comply with such order.

                  (c) (1)  Where a defendant has been convicted of a second or subsequent offense of operating a motor vehicle while under the influence of intoxicating liquor, as defined in section 24, and the registrar has reinstated the person's license prior to the original date of suspension or termination, the person shall only operate a vehicle equipped with a certified ignition interlock device.

                        (2) The interlock device shall be required for the remainder of the original term of suspension.

                        (3) The registry shall require proof of installation before reinstatement of the person's driving privileges.

                  (d) Where the use of an ignition interlock device is required under subsections 2(a) and 2(c) of this act, the registry shall attach or imprint a notation on the driver's license stating that the person may only operate a motor vehicle equipped with an ignition interlock device except as provided in section (4).

                  (e) Any person required to install an ignition interlock device shall have the device monitored by the manufacturer of such device for proper use and accuracy at least semiannually and more frequently as the court or registry may order.  A report of such monitoring shall be issued by the manufacturer to the court and the registry where the requirement is a condition of probation, or within 14 days following each such monitoring.

      (3) (a)  If an ignition interlock device is ordered installed pursuant to subsections 2(a) and 2(c) of this act, the person shall pay the reasonable costs of leasing or buying and installing the system.

                  (b) No person may be excluded from said program for inability to pay the costs unless such person files an affidavit of indigency or inability to pay with the court within ten days of the order, an investigation by the probation officer confirms such indigency or establishes that the payment of such cost would cause a grave and serious hardship to such individual or to the family of such individual, and the court enters a written finding thereof.  In lieu of waiver of the entire amount of said cost, the court may direct such individual to make partial or installment payments of costs where appropriate.  Subject to appropriation, the state treasurer shall reimburse each installer maintaining the system provided to persons for whom payment of costs has been waived on the grounds of indigency.

An additional fee of $100 shall be paid to the chief probation officer of each court by each person ordered to implement said ignition interlock device pursuant to this section and all such fees shall be deposited with the state treasurer, subject to appropriation, for the support costs incurred through implementation by individuals otherwise deemed indigent.  No such fee shall be collected from any person who, after the filing of an affidavit of indigency or inability to pay with the court within ten days of the orders and investigation by the probation officer confirming such indigency or establishing that the payment of such fee would cause a grave and serious hardship to such individual or to the family thereof, is determined by the court to be indigent, provided that the court enters a written finding thereof.  In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of such fee when appropriate.  Failure to pay the fees required under this section shall, unless excused, constitute sufficient basis for a finding by the court at a hearing held pursuant to section 24E that the person has failed to comply with implementation.

            (4) (a)  Notwithstanding subsection (2) of section 1 of this act, if a person is required, in the course and scope of the person's employment, to operate a motor vehicle owned by the person's employer, the person may operate that vehicle without installation of an ignition interlock device only if the employer has been notified that the employee is restricted as provided by subsection (2) of this act and the employee has proof of the notification in possession while operating the employer's vehicle in the course of employment.

                (b) To the extent that an employer-owned vehicle is made available for personal use to the person subject to the provisions of this act, no exemption under this section shall apply.  A person intending to operate an employer-owned motor vehicle for personal use and who is required to operate a motor vehicle equipped with a certified ignition interlock device shall bear the burden of notifying the employer in accordance with this section and obtaining consent in writing from the employer to install such a system in the employer-owned vehicle.

                  (c)  A motor vehicle owned by a business entity that is all or partly owned or controlled by a person otherwise subject to this act is not a motor vehicle owned by the employer and is not subject to the exemption of this section.

                  (d) Upon conviction for violation of any provision of this section, the court shall notify the registrar and the registrar shall immediately revoke the person's license to operate a motor vehicle for the remainder of the period of probation or revocation during which the ignition interlock requirement was imposed.

            (5) (a)  A person shall not circumvent or tamper with the operation of an ignition interlock device.

                  (b) A person shall not knowingly rent, lease, lend or otherwise furnish a motor vehicle without an ignition interlock device to someone whose driving privileges have been restricted to the use of a motor vehicle equipped with an ignition interlock device.

                        (1) Any person, whose driving privilege is restricted pursuant to subsection 2 of section 1 of this act shall notify any person who rents, leases, loans or otherwise furnishes a motor vehicle to him of the driving restriction imposed under that section.

                        (2) The provisions of this section do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.

                  (c)  A person commits the offense of unlawfully soliciting another to engage the ignition interlock device, if the person is required to have a device and the person requests or solicits another to engage the device to start the motor vehicle so as to circumvent the system.

                  (d) A person commits the offense of unlawfully engaging the ignition interlock device or starting a motor vehicle equipped with an ignition interlock device, if, for the purpose of providing an operable motor vehicle for someone required to have such a system, engages an ignition interlock device or starts an automobile equipped with the device.  This section does not apply to a person who engages such a device or starts the person's own vehicle that is so equipped.

                  (e) Violation of any offense described in this section is a misdemeanor punishable by a fine of not less than $1,000 and not more than $5,000, or by imprisonment in a jail or house of correction for not more than 90 days, or by both fine and imprisonment.

            (6) The secretary of public safety shall certify or cause to be certified ignition interlock devices for use in the commonwealth and promulgate rules and regulations for the certification of said devices.

                  (a) The standards shall include but not be limited to the following:

                        (1) The system shall not impede the safe operation of the vehicle.

                        (2) The system shall have features that make circumventing difficult and that do not interfere with the normal use of the vehicle.

                        (3) The system shall correlate well with established measures of driving impairment.

                        (4) The system shall work accurately and reliably in an unsupervised environment.

                        (5) The system shall resist tampering and give evidence if tampering is attempted.

                        (6) The system is difficult to circumvent, and requires premeditation to do so.

                        (7) The system shall operate reliably over the range of automobile environments.

                        (8) The system is manufactured by a party who will provide liability insurance.

                  (b) The secretary of public safety may, in his discretion, adopt in whole or in part, the guidelines, rules, regulations, studies or independent laboratory tests performed on and relied upon in the certification of ignition interlock devices by other states, their agencies or commissions.

                  (c)  A list of certified devices shall be published by the secretary of public safety and the cost of such certification shall be borne by the manufacturers of ignition interlock devices seeking to sell, offer for sale or lease said devices in the commonwealth.

                  (d) The secretary of public safety is hereby authorized to make an annual assessment against the manufacturers of ignition interlock devices seeking to sell, offer for sale or lease said devices in the commonwealth for the costs incurred as a result of the activities undertaken in paragraph (c) of this subsection.  Said assessment shall be apportioned among companies on a fair and reasonable basis.

            (7) No person shall advertise for sale, offer for sale, sell or lease an ignition interlock device in the commonwealth unless the system has been certified by the secretary of public safety and the manufacturer of the system has affixed a warning label, as approved by the secretary, on the system stating that the tampering, circumventing or other misuse of the system may be a misdemeanor subject to a fine and/or imprisonment as established in paragraph (e) of subsection (5) of section 1 of this act.

            SECTION 2.  Section 113B of said chapter 175 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the thirteenth paragraph, the following paragraph:-

                  In fixing and establishing premium charges to be used in accordance with the provisions of this section, the commissioner, in establishing said rates, may consider the reduction in losses resulting from the implementation of the ignition interlock program as established pursuant to this act.

            SECTION 3.  Subsection (d) of section 4 of chapter 175E of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-

                  For motor vehicle insurance rates, the commissioner, in establishing said rates, may consider the reduction to losses resulting from the implementation of the ignition interlock program as established pursuant to this Act.

            SECTION 4.  Subsection 6 of section 1 of this act shall take effect upon its passage.  Sections 2 and 3 of this act shall take effect for policies issued on or after January 1, 2005.