senate Bill S27

Amended

Creates the mandatory ignition interlock program; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2009
    • REFERRED TO FINANCE
  • 18 / Mar / 2009
    • COMMITTEE DISCHARGED AND COMMITTED TO TRANSPORTATION
  • 20 / Mar / 2009
    • AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • 20 / Mar / 2009
    • PRINT NUMBER 27A
  • 20 / Apr / 2009
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 20 / Apr / 2009
    • PRINT NUMBER 27B
  • 05 / May / 2009
    • REPORTED AND COMMITTED TO CODES
  • 10 / Sep / 2009
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 10 / Sep / 2009
    • ORDERED TO THIRD READING CAL.961
  • 10 / Sep / 2009
    • PASSED SENATE
  • 10 / Sep / 2009
    • DELIVERED TO ASSEMBLY
  • 11 / Sep / 2009
    • REFERRED TO TRANSPORTATION
  • 06 / Jan / 2010
    • DIED IN ASSEMBLY
  • 06 / Jan / 2010
    • RETURNED TO SENATE
  • 06 / Jan / 2010
    • REFERRED TO TRANSPORTATION

Summary

Creates the mandatory ignition interlock program and the ignition interlock fund; requires installation of ignition interlock device for all persons convicted of driving while intoxicated.

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Bill Details

Versions:
S27
S27A
S27B
Legislative Cycle:
2009-2010
Current Committee:
Senate Transportation
Versions Introduced in 2007-2008 Legislative Cycle:
S8036

Sponsor Memo

BILL NUMBER: S27

TITLE OF BILL :
An act to amend the vehicle and traffic law and the state finance law,
in relation to the creation of the ignition interlock and mandatory
probation pilot program for all persons convicted of driving while
intoxicated; making an appropriation therefor; and providing for the
repeal of such provisions upon expiration thereof


PURPOSE :
Creates a Mandatory Ignition Interlock and Probation Pilot Program in
seven counties for all those who are convicted of Driving While
Intoxicated.

SUMMARY OF PROVISIONS :
Section 1. The Vehicle and Traffic Law is amended by adding a new
article 21-D

-Section 555 of Article 21-D is the legislative intent

-Section 556 of Article 21-D creates Mandatory Ignition Interlock and
Probation Pilot Program for all those convicted of Driving While
Intoxicated, in seven counties (Albany, Erie, Nassau, Onondaga,
Monroe, Westchester and Suffolk). This bill does not prevent any other
county, not specifically designated, from implementing their own
program.

*Sub.2 (a) Requires those that have been convicted of violating
section 1192-2, 2-A, or 3 to be placed on mandatory probation and that
they install, at their own cost, an ignition interlock device in all
vehicles which they use.

*Sub. 2 (b) Explicitly states that this law does not apply to 1192-1
(Driving While Ability Impaired.)

*Sub. 2 (c) Sets periods of probation depending on the number of
offenses. First offense would result in a minimum one year probation
with ignition interlock. Second offense would result in a minimum of
five years probation and interlock. A third offense would result in
life probation and interlock.

*Sub. 3 (a) Sets conditions by which the Commissioner of the
Department of Motor Vehicle can authorize post revocation conditional
licenses.

*Sub. 3 (b) Sets conditions in which a post revocation conditional
license may be used.

*Sub.3 (c) Provides for circumstances in which the commissioner may
revoke a post revocation conditional license.

*Sub.3 (d) Allows the court to apply any other conditions of probation
allowed by law not specifically stated in this section.

*Sub. 3 (e) Directs the Commissioner of DMV to note, on the operator's
record, the restricted driving conditions under which they may operate
a motor vehicle.

*Sub. 4 (a) Provides that the court will require proof of compliance
by the person required to install an ignition interlock device.

*Sub. 4 (b) Provides that the Court shall notify the Commissioner of
DMV.


*Sub. 5 Requires that the cost of the ignition interlock be borne by
the person subject to the condition in addition to any fines
applicable.

*Sub. 5 (b) Requires the installation service provider to be
responsible for the function of the device.

*Sub. 5 (c) Provides a repayment mechanism for those who can not
afford an ignition interlock device and relieves probation departments
from that duty if the service provider offers a repayment plan.

*Sub. 6 (a) Requires the Commissioner of DMV to approve devices for
use and publish information regarding the same.

*Sub. 6 (b) Requires the Commissioner of DMV to promulgate rules and
regulations, in consultation with manufacturers, the National Highway
Safety Administration, the Commissioner of Health and Director of the
Division of Probation and Correction Alternatives.

*Sub. 6 (b) 1 - 8 Specifies features that each device must have.

*Sub. 7 (a) Provides that this section applies to all vehicles
operated by a person subject to this law to include: owned, leased,
rented or loaned.

*Sub. 7 (b) Prohibits a person from knowingly renting, leasing, or
lending a motor vehicle to someone subject to the provision of this
condition.

*Sub. 7 (c) Provides that violation of Sub. 7 (b) is a misdemeanor.

*Sub. (8) Exempts employer vehicles from the provisions of section 231
of the executive law.

*Sub. 9 (a) Provides that no person shall request, solicit or allow
another to blow into the ignition interlock device for them.

*Sub. 9 (b) Provides that no person shall blow into an ignition
interlock system to start a vehicle for a person subject to this law.

*Sub. 9 (c) Provides that no person shall tamper with the device.

*Sub. 9 (d) Provides that any person convicted of Sub. 9 (a - c) shall
be guilty of a misdemeanor and must pay a five thousand dollar fine.

*Sub. 10 Provides for a warning to be placed on the ignition interlock
device regarding Sub. 9 (a - d).

Section 2. Amends the State Finance Law adding new section 99-q,
creating the Ignition Interlock Fund for the purpose of continued and
future funding of the program.

-Sub. 1 Provides that the Fund shall be operated by NYS Division of
Probation and Correction Alternatives.

-Sub. 2 Provides for an addition fee of $25.00 to be assessed against
anyone convicted of an alcohol or drug related infraction.

-Sub. 3 Provides that courts shall forward fees to the fund on a
as-need basis.

-Sub. 3 (a-c) Sets forth parameters regarding the use of moneys from
the Fund.

Section 3. Sub 1. Directs the NYS Division of Probation and Correction
Alternative to create, amend and/or repeal any and all rules or
regulations for the purpose of implementing this act on or before the
effective date.

*Sub. 1 (a) Directs the Division to set rules and regulations for the
management, operation and investment of the Fund

*Sub. 1 (b) Directs the Division to set rules and regulations to
establish the grant process.

*Sub. 1 (c) Directs the Division to set rules and regulations for the
efficient operation of this act.

-Sub. 2 Provides that the Division will audit county Mandatory
Ignition Interlock and Probation Pilot Programs on a biannual rotating
basis and compile an annual report detailing the progress of the
programs which will be submitted to the legislature, governor,
attorney general and comptroller.

Section 4. Provides for the sum of $14,000,000.00 to fund the
mandatory ignition interlock and probation pilot program and specifies
that each of the seven counties mention herein shall receive equal
shares in the amount of $2,000,000.00 each.

Section 5. Severability Clause.

Section 6. Effective and expiration dates.

EXISTING LAW :
Current law allows all counties within the state to operate ignition
interlock programs. Those convicted of Aggravated DWI (.18 BAC and
over), who are sentenced to probation must install and maintain
ignition interlock devices.

JUSTIFICATION :
More than 20 years ago the State of New York embarked on an ambitious
pilot program to introduce the new technology of ignition interlock
devices for the purpose of keeping repeat drunk drivers off of our
streets. Since then the law has evolved, been improved and as of 2007,
made prominent. While overall rates of Driving While Intoxicated have
decrease in the last 20 to 30 years, the last decade has seen a
stagnation in continue reductions.

According to a number of statistical surveys to include the National
Highway Safety Board, the New York State Police, Stop-DWI New York and
the New York District Attorney's Association the frequency of high
blood alcohol content (BAC) arrests has increased in recent years.
This precipitated the 2006 passage of Aggravated Driving While
Intoxicated (.18 BAC and over) and the passage in 2007 of Aggravated
Vehicular Homicide/ Assault.

However, these same statistics indicate that along with an increase in
high BAC arrests there has been a corresponding increase in recidivism
amongst this group. While the current law does provide for ignition
interlock for anyone convicted of Aggravated Driving While Intoxicated
so long as they have been given probation as a term of their
sentencing it does not cover all possible offenders and leaves a
population of probable re-offenders unobserved.

In 2008, a study of New Mexico's ignition interlock program by the
National Highway Safety Transportation and the Pacific Institute of
Research and Analysis found a reduction in recidivism of over sixty
percent. New Mexico mandates participation in an ignition interlock
program by everyone convicted of Driving While Intoxicated.

This law would provide Judges, prosecutors, law enforce, parole and
correction alternatives with additional tools to deter and monitor a
potentially dangerous population by providing for mandatory ignition
interlock and probation for everyone convicted of Driving While
Intoxicated. This law would generally not apply to all first time
offenders who have low BACs or who have not committed property or
physical damage. Generally, Courts and prosecutors plea bargain first
time offenders down to the lessor offense of Driving While Ability
Impaired so long as the BAC of that individual was sufficiently low
(at least under .18) and no damage was done. This law would not apply
to them. However, if an individual where to have a high BAC as
determined by a court and/or prosecutor and property or physical
damage did occur, resulting in a DWI conviction, then the court MUST
order probation and interlock in the counties mentioned in this pilot
program.

The belief is that there will be a corresponding overall reducing in
Driving While Intoxicated sufficient to support a statewide program.
To this end this legislation also provides for a funding mechanism
which would charge any person convicted of a drug or alcohol related
offense a $25.00 surcharge which would be dedicated to a Fund. The
Ignition Interlock Fund will be maintained by the Division of
Probation and Correction Alternative and shall provide for continued
and future support to include updating of equipment and hiring of more
probationary staff. While it is not certain that all drug and alcohol
related offense are precursors to the crime of Driving While
Intoxicated, the idea is to, at a critical life juncture, make people
aware of the path they may be continuing down if that type of behavior
continues.

LEGISLATIVE HISTORY :
2008: Passed the Senate (S.8036/A.10846)

FISCAL IMPLICATIONS :
$14,000,000.00 initial start-up cost, $2,000,000.00 to be given to
each county mentioned herein. $25.00 fee to be added to surcharge for
any person convicted of an alcohol or drug related offense to be paid
into a state fund for the continued operation of the program and
future upgrades. According to NYS DCJS 2006 study (2007 study not
complete), there were 100,279 drug and alcohol related convictions in
the state. Using this number the Fund should yield $2,506,975.00 per
year in revenues which will be redistributed as grants to the counties
mentioned herein under rules and regulations created by the NYS
Division of Parole and Correction Alternatives.

LOCAL FISCAL IMPLICATIONS :
Not determined.

EFFECTIVE DATE :
This bill shall take effect April 1 2010. All departments and
divisions of the state mentioned herein are hereby authorized and
directed to create, amend and/or repeal any and all rules or
regulation necessary for the implementation of this act on or before
the effective date.
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