Persistent drunk driver cash fund - programs to deter persistent drunk drivers.

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(1) There is hereby created in the state treasury the persistent drunk driver cash fund, which shall be composed of moneys collected for penalty surcharges under section 42-4-1307 (10)(b). The moneys in the fund are subject to annual appropriation by the general assembly:

  1. To pay the costs incurred by the department concerning persistent drunk drivers under sections 42-2-126 (10) and 42-7-406 (1.5);

  2. To pay for costs incurred by the department for computer programing changes related to treatment compliance for persistent drunk drivers pursuant to section 42-2-144;

  3. (I) To support programs that are intended to deter persistent drunk driving or intended to educate the public, with particular emphasis on the education of young drivers, regarding the dangers of persistent drunk driving.

(II) The departments of transportation, revenue, and human services and the judicial branch shall coordinate programs intended to accomplish the goals described in subparagraph (I) of this paragraph (c).

  1. On and after July 1, 2007, to pay a portion of the costs for intervention or treatmentservices required under sections 42-2-125, 42-2-126, 42-2-132, 42-2-132.5, and 42-4-1301.3 for a persistent drunk driver, as defined in section 42-1-102 (68.5), who is unable to pay for the required intervention or treatment services;

  2. To assist in providing court-ordered alcohol treatment programs for indigent and incarcerated offenders;

  3. To assist in providing approved ignition interlock devices, as defined in section 42-2132.5 (9)(a), for indigent offenders; and

  4. To assist in providing continuous monitoring technology or devices for indigent offenders.

Source: L. 2005: Entire article amended with relocations, p. 1135, § 2, effective August 8. L. 2006: Entire section amended, p. 1369, § 8, effective January 1, 2007. L. 2008: (1)(a) amended, p. 252, § 19, effective July 1. L. 2010: (1)(c)(II) amended and (1)(e), (1)(f), and (1)(g) added, (HB 10-1347), ch. 258, p. 1158, § 4, effective July 1. L. 2011: IP(1) amended, (HB 111268), ch. 267, p. 1221, § 5, effective June 2; IP(1) amended, (HB 11-1303), ch. 264, p. 1182, § 109, effective August 10. L. 2012: IP(1) and (1)(f) amended, (HB 12-1168), ch. 278, p. 1484, § 7, effective August 8.

Editor's note: This section is similar to former § 42-3-130.5 as it existed prior to 2005.


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