senate Bill S27A

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: S27A

TITLE OF BILL :
An act to amend the vehicle and traffic law and the state finance law,
in relation to the creation of the mandatory ignition interlock
program for all persons convicted of driving while intoxicated; and to
repeal section 1198 of the vehicle and traffic law relating thereto


PURPOSE :
Creates a Mandatory Ignition Interlock Program for all persons
convicted of Driving While Intoxicated.

SUMMARY OF PROVISIONS :
Section 1. Legislative intent

Section 2. Section 1198 of the vehicle and traffic law is repealed and
a new section 1198 is added To establish a mandatory ignition
interlock program for all driving while intoxicated offenders.

*Sub. 2(a) Requires those that have been convicted of violating
section 1192-2, 2-A, 3, 4a (where alcohol is involved), 5 or 6 to
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) allows for additional sentencing or the application of any
other fines, penalties, programs, conditions of probation or
conditional discharge or other sanctions.

*Sub. 2(d) mandates that an offender who declines to obtain a license
must obtain a motorist's identification card from the DMV.

*Sub. 2(e) 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
three years probation and interlock. A third offense would result in a
minimum of five years probation and interlock. A fourth offense would
result in a minimum of ten years 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) allows for an application of license after the termination
of the period of required ignition interlock has been fulfilled.

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

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

*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(a) 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 and subject of
condition 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 provides for the Commissioner of Health to approve ignition
interlock devices and to publish a list of approved devices.

*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 (a) is a misdemeanor.

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

*Sub. 8(a) Provides that no person shall request, solicit or allow
another to blow into the ignition interlock device for them.

*Sub. 8(b) Provides that no person shall blow into an ignition
interlock system to start a vehicle for a person subject to this law.

*Sub. 8(c) Provides that no person shall tamper with the device.

*Sub. 8(d) Provides that any person convicted of Sub. 9 (a - c) shall
be guilty of a misdemeanor and must pay a fine of not less than a
thousand dollars.

*Sub. 8(e) Provides that a person arrested for a violation of Sub.
8(a) or (b) shall immediately loose their license for a period of one
year.

*Sub. 9 Allows for the commissioner of the Department of Motor
Vehicles to revoke a license for sufficient cause.

*Sub. 10 Provides for the department of health to design a warning
label to be placed on the ignition interlock device regarding
tampering with the device.

Section 3. Amends the State Finance Law adding new section 99-q,
creating the Mandatory 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 $50.00 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-d) Sets forth parameters regarding the use of moneys from
the Fund.

Section 4. 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 create a grant process as prescribed
in sub 3 of section 99-q

*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 each county's Mandatory
Ignition Interlock Program on a biannual basis and compile a report
detailing the progress of the programs which will be submitted to the
legislature, governor, attorney general and comptroller.

Section 5. Severability Clause.

Section 6. Effective date.

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 (DWI)
have decreased in the last 20 to 30 years, the last decade has seen a
stagnation in continuing reductions.

According to a number of statistical surveys, including 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 enactment of Aggravated Driving While
Intoxicated (.18 BAC and over) Law and enactment in 2007 of the
Aggravated Vehicular Homicide/Assault Law.

These 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.

The State of New Mexico mandates participation in an ignition
interlock program by everyone convicted of DWI. A 2008 study conducted
by the National Highway Safety Transportation Administration and the
Pacific Institute of Research and Analysis found that recidivism rates
for DWI in that state had dropped by 60 percent since the program was
established.

If enacted in New York, the ignition interlock law would provide
judges, prosecutors, law enforcement, parole and correction officials
with an alternative tool to deter and monitor a potentially dangerous
population by providing for mandatory ignition interlock and probation
for everyone convicted of Driving While Intoxicated.

The legislation also provides for a funding mechanism which would
charge any person convicted of a drug or alcohol related offense a
$50.00 surcharge which would be dedicated to the Ignition Interlock
Fund 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.

LEGISLATIVE HISTORY :
2008: Similar legislation passed the Senate (S.8036/A.10846)

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.
FISCAL IMPLICATIONS :
Not determined.
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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