S T A T E   O F   N E W   Y O R K
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                                  5345

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A.  KOON -- Multi-Sponsored by -- M. of A. COOK,
  GALEF, HOOPER, LAVINE, MAYERSOHN -- read  once  and  referred  to  the
  Committee on Transportation

AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
  persons convicted of driving while intoxicated who are  injured  as  a
  result of such offense and who are medically transported to a hospital
  to  pay for such transport and other pre-hospital medical bills before
  their license to drive can be reissued to them

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (c) of subdivision 2 of section 1193 of the vehi-
cle and traffic law is amended by adding a new subparagraph 4 to read as
follows:
  (4)  IN  NO EVENT SHALL A NEW LICENSE BE ISSUED OR A FORMER LICENSE BE
RESTORED TO A PERSON WHO HAS BEEN CONVICTED OF A VIOLATION  OF  SUBDIVI-
SION  TWO  OR  THREE,  OR BOTH SUBDIVISION TWO AND SUBDIVISION THREE, OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE WHERE PHYSICAL  INJURY
TO  SUCH  CONVICTED  PERSON  RESULTED  FROM  SUCH  OFFENSE  WHICH INJURY
RESULTED IN THE TRANSPORT OF SUCH PERSON BY AMBULANCE OR  OTHER  MEDICAL
TRANSPORT  TO  A  HOSPITAL,  UNLESS ALL BILLS FOR SUCH TRANSPORT AND ANY
OTHER PRE-HOSPITAL MEDICAL EXPENSES HAVE BEEN PAID  PRIOR  TO  THE  DATE
SUCH  PERSON  APPLIES FOR A NEW LICENSE OR FOR RESTORATION OF THE FORMER
LICENSE AND UNLESS PROOF OF THE PAYMENT OF SUCH BILLS  IS  SUBMITTED  TO
THE DEPARTMENT WITH SUCH APPLICATION.
  S 2. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and
traffic law, as amended by section 8 of chapter 732 of the laws of 2006,
is amended to read as follows:
  (c)  Reissuance  of licenses; restrictions. Where a license is revoked
pursuant to paragraph (b) of this subdivision, no new license  shall  be
issued  after  the  expiration  of  the minimum period specified in such
paragraph, except in  the  discretion  of  the  commissioner;  provided,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02234-01-9
              

A. 5345                             2

however,  that  in no event shall a new license be issued where a person
has been twice convicted of a violation of subdivision  three,  four  or
four-a  of section eleven hundred ninety-two of this article or of driv-
ing while intoxicated or of driving while ability is impaired by the use
of a drug or of driving while ability is impaired by the combined influ-
ence of drugs or of alcohol and any drug or drugs where physical injury,
as  defined  in  section  10.00 of the penal law, has resulted from such
offense in each instance. IN NO EVENT SHALL A NEW LICENSE BE ISSUED OR A
FORMER LICENSE BE RESTORED TO A PERSON  WHO  HAS  BEEN  CONVICTED  OF  A
VIOLATION  OF  SUBDIVISION  TWO  OR  THREE,  OR BOTH SUBDIVISION TWO AND
SUBDIVISION THREE, OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS  ARTICLE
WHERE  PHYSICAL  INJURY  TO  SUCH  CONVICTED  PERSON  RESULTED FROM SUCH
OFFENSE WHICH INJURY RESULTED IN THE TRANSPORT OF SUCH PERSON  BY  AMBU-
LANCE  OR  OTHER  MEDICAL  TRANSPORT TO A HOSPITAL, UNLESS ALL BILLS FOR
SUCH TRANSPORT AND ANY OTHER PRE-HOSPITAL  MEDICAL  EXPENSES  HAVE  BEEN
PAID  PRIOR  TO  THE  DATE  SUCH PERSON APPLIES FOR A NEW LICENSE OR FOR
RESTORATION OF THE FORMER LICENSE AND UNLESS PROOF  OF  THE  PAYMENT  OF
SUCH BILLS IS SUBMITTED TO THE DEPARTMENT WITH SUCH APPLICATION.
  S  3.  This act shall take effect September 1, 2010, provided that the
amendment to paragraph (c) of subdivision 2 of section 1193 of the vehi-
cle and traffic law made by section one of this act shall be subject  to
the  expiration and reversion of such paragraph pursuant to section 9 of
chapter 533 of the laws of 1993, as amended, when  upon  such  date  the
provisions of section two of this act shall take effect.