Bill No. 36-0123, Bills — Homeland Security, Justice and Public Safety
COMMITTEE ON HOMELAND SECURITY, JUSTICE AND PUBLIC SAFETY BILL NO. 36-0123 Thirty-Sixth Legislature of the Virgin Islands July 23, 2025 An act amending title 20 Virgin Islands Code, part II, chapter 43, subchapter I, section 493 making it unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his blood to operate a commercial motor vehicle, and making it unlawful for a person under the age of 21 years who has any detectable amount of alcohol in his blood, to operate a motor vehicle PROPOSED BY: Senator Ray Fonseca Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 20 Virgin Islands Code, part II, chapter 43, subchapter I, section 2 493 is amended as follows: 3 (a) In subsection (a), add the following new paragraphs (3) and (4): 4 “(3) Notwithstanding paragraph (2), it is unlawful for any person who has 0.04 5 percent or more, by weight, of alcohol in his blood to drive, operate, or be in actual 6 physical control of, a commercial motor vehicle. …
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COMMITTEE ON HOMELAND SECURITY, JUSTICE AND PUBLIC SAFETY BILL NO. 36-0123 Thirty-Sixth Legislature of the Virgin Islands July 23, 2025 An act amending title 20 Virgin Islands Code, part II, chapter 43, subchapter I, section 493 making it unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his blood to operate a commercial motor vehicle, and making it unlawful for a person under the age of 21 years who has any detectable amount of alcohol in his blood, to operate a motor vehicle PROPOSED BY: Senator Ray Fonseca Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 20 Virgin Islands Code, part II, chapter 43, subchapter I, section 2 493 is amended as follows: 3 (a) In subsection (a), add the following new paragraphs (3) and (4): 4 “(3) Notwithstanding paragraph (2), it is unlawful for any person who has 0.04 5 percent or more, by weight, of alcohol in his blood to drive, operate, or be in actual 6 physical control of, a commercial motor vehicle. 7 (4) Notwithstanding paragraph (2), it is unlawful for any person under the age 8 of 21 years who has any detectable amount of alcohol in his blood to drive, operate, or 9 be in actual physical control of, any motor vehicle.” 10 (b) In subsection (c), add the following new paragraph (4): 11 “(4) Notwithstanding paragraph (1), any person convicted of violating subsection 12 (a)(4), shall have his driver’s license suspended for 12 months. If the person does not 13 2 possess a driver’s license, the issuance of a driver’s license shall be suspended for 12 1 months”. 2 (c) Add the following subsection (g): 3 “(g) The term “commercial motor vehicle” as used in subsection (a)(3) means any 4 self-propelled or towed vehicle used on public highways in intrastate commerce to 5 transport passengers or property when: 6 (1) the vehicle has a gross vehicle weight rating or gross vehicle weight of 7 at least 10,001 pounds, whichever is greater; or 8 (2) the vehicle is designed to carry eight or more passengers, including the 9 driver but not including any commercial motor vehicle licensed, registered and 10 regulated by the Virgin Islands Taxicab Commission; or 11 (3) the vehicle is used in the transportation of materials found by the Virgin 12 Islands Police Department or the Bureau of Motor Vehicles to be hazardous for the 13 purpose of the Hazardous Materials Act (49 U.S.C. sec. 5101 et seq. and 14 transported in a quantity requiring placarding under regulations prescribed by the 15 Secretary of the United States Department of Transportation.” 16 BILL SUMMARY 17 This bill amends title 20 Virgin Islands Code, part II, chapter 43, subchapter I, section 18 493 by making it unlawful for a person who has 0.04 percent or more, by weight, of alcohol in 19 his blood to operate a commercial vehicle, and making it unlawful for a person under the age 20 of 21 years who has any detectable amount of alcohol in his blood, to operate a motor vehicle. 21 BR25-0668/July 21, 2025/GC 22