Judiciary committee gives judges discretion on ignition-interlock bail requirement
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Summary
Senate Bill 1256, which would require ignition interlocks as a bail condition for repeat DUI defendants, was amended to allow judges discretion to require interlocks and to require written findings if a judge declines the device; the committee adopted the amendment and advanced the bill 8-0.
Senate Bill 1256 would require ignition interlock devices on vehicles as a condition of bail for defendants with a second or subsequent DUI. During the committee meeting, Senator Hynes (author) accepted a substantive amendment by Senator Hines to restore judicial discretion.
The amendment replaces mandatory language with a discretionary standard, specifying that the court "may at the discretion of the court" require an ignition interlock and that if the court does not require one, the judge must include written findings explaining the decision. Senator Hines said the change "adds the judicial discretion" and preserves court flexibility while retaining safeguards and written justification when a device is not ordered.
Committee members discussed enforcement and the possibility of bypassing an interlock device; the author noted bypass penalties exist under separate penalty statutes and that devices have tamper-detection. The committee adopted the amendment and advanced SB 1256 on a unanimous roll call (8 ayes, 0 nays).
Next steps include any floor consideration and coordination with administrative and enforcement mechanisms to ensure devices and penalties are implementable across jurisdictions.
