senate Bill S526

Amended

Relates to sanctions for driving while ability impaired while holding a conditional license

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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

  • 05 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 19 / Jan / 2011
    • REPORTED AND COMMITTED TO CODES
  • 25 / Jan / 2011
    • 1ST REPORT CAL.20
  • 31 / Jan / 2011
    • 2ND REPORT CAL.
  • 01 / Feb / 2011
    • ADVANCED TO THIRD READING
  • 11 / Apr / 2011
    • AMENDED ON THIRD READING 526A
  • 03 / May / 2011
    • PASSED SENATE
  • 03 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 03 / May / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 30 / Jan / 2012
    • 1ST REPORT CAL.135
  • 31 / Jan / 2012
    • 2ND REPORT CAL.
  • 06 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 12 / Mar / 2012
    • PASSED SENATE
  • 12 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 12 / Mar / 2012
    • REFERRED TO TRANSPORTATION

Summary

Relates to sanctions for driving while ability impaired while holding a conditional license.

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Bill Details

Versions:
S526
S526A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1193, V & T L
Versions Introduced in 2009-2010 Legislative Cycle:
S5141A

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Sponsor Memo

BILL NUMBER:S526

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to sanctions for
driving while ability impaired while holding a conditional license

PURPOSE:
Requires judicial discretion for the issuance of a
conditional license.

SUMMARY OF PROVISIONS:
Section 1. provides for judicial consent at the
time of issuance of a conditional license and the use of an ignition
interlock as a condition of receiving a hardship license.

Section 2. Effective date

JUSTIFICATION:
Currently 30 days following arraignment of a Driving
While Intoxicated charge offenders receive a conditional license
granting them the privilege to again operate a motor vehicle. The
only provision to disqualify a person from receiving a conditional
license is if that offender was enrolled in a Drinking Driver Program
within the last five years.

On February 22, 2009 Suffolk County Police Officer Glen Ciano was
killed after being hit by a vehicle driven by Jose Borbon, who
earlier in the year was charged with Driving While Intoxicated. Due
to the lackadaisical process in which conditional licenses are
issued, Jose Borbon's privilege to operate a motor vehicle was
reinstated just 30 days following his original Driving While
Intoxicated Charge.

This legislation will require each case be reviewed on a case by case
basis to ensure that the licensee does not in fact pose a threat to
society by temporally receiving a conditional license.

LEGISLATIVE HISTORY:
2010: Reported to Finance (S.5141A/A.11660)
2009: Referred to Transportation (S.5141A)

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
One year after it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   526

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO, LITTLE, DIAZ -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

AN  ACT  to  amend the vehicle and traffic law, in relation to sanctions
  for driving while ability impaired while holding a conditional license

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

  Section  1.  Clauses  d  and  e  of subparagraph 7 of paragraph (e) of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by chapter 251 of the laws of 2007, are amended to read as follows:
  d. Notwithstanding any contrary provision  of  this  chapter,  if  any
suspension  occurring  under  this subparagraph has been in effect for a
period of thirty days, [the holder may be issued]  THE  DEPARTMENT  MAY,
WITH  THE  CONSENT OF THE COURT, ISSUE a conditional license, in accord-
ance with section eleven hundred ninety-six of  this  article,  provided
the  holder of such license is otherwise eligible to receive such condi-
tional license. A conditional license issued pursuant to  this  subpara-
graph  shall  not be valid for the operation of a commercial motor vehi-
cle. The commissioner shall prescribe by regulation the  procedures  for
the issuance of such conditional license.
  e.  If  the  court  finds that the suspension imposed pursuant to this
subparagraph will result in extreme hardship, the court must issue  such
suspension,  but may grant a hardship privilege, IN CONJUNCTION WITH THE
INSTALLATION OF AN IGNITION INTERLOCK DEVICE, which shall be issued on a
form prescribed by the commissioner. For the purposes  of  this  clause,
"extreme  hardship" shall mean the inability to obtain alternative means
of travel to or from the licensee's employment, or to or from  necessary
medical  treatment for the licensee or a member of the licensee's house-
hold, or if the licensee is  a  matriculating  student  enrolled  in  an
accredited  school,  college  or  university  travel  to  or  from  such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00094-01-1

S. 526                              2

licensee's school, college or university if such travel is necessary for
the completion of the educational degree or certificate. The  burden  of
proving  extreme hardship shall be on the licensee who may present mate-
rial  and  relevant  evidence.  A finding of extreme hardship may not be
based solely upon the testimony of  the  licensee.  In  no  event  shall
arraignment  be  adjourned or otherwise delayed more than three business
days solely for the purpose of allowing the licensee to present evidence
of extreme hardship. The court shall  set  forth  upon  the  record,  or
otherwise  set forth in writing, the factual basis for such finding. The
hardship privilege shall permit the operation  of  a  vehicle  only  for
travel  to  or  from  the licensee's employment, or to or from necessary
medical treatment for the licensee or a member of the licensee's  house-
hold,  or  if  the  licensee  is  a matriculating student enrolled in an
accredited  school,  college  or  university  travel  to  or  from  such
licensee's school, college or university if such travel is necessary for
the  completion  of  the  educational  degree or certificate. A hardship
privilege shall not be valid for the operation  of  a  commercial  motor
vehicle.  A  PRE-CONVICTION IGNITION INTERLOCK DEVICE INSTALLED PURSUANT
TO THIS CLAUSE SHALL BE INSTALLED AND MAINTAINED IN THE SAME  MANNER  AS
PRESCRIBED IN THIS ARTICLE.
  S  2. This act shall take effect one year after it shall have become a
law; provided, however, that the  amendments  to  clauses  d  and  e  of
subparagraph  7 of paragraph (e) of subdivision 2 of section 1193 of the
vehicle and traffic law made by section one of this act shall not affect
the repeal of such subparagraph and shall be deemed repealed therewith.

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