senate Bill S526A

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

See Assembly Version of this Bill:
A850A
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, A11660

Sponsor Memo

BILL NUMBER:S526A

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.

Section 2. Effective date

JUSTIFICATION:
Currently 30 days following an 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--A
    Cal. No. 20

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. FUSCHILLO, LITTLE, AVELLA, DIAZ, LARKIN, STAVISKY --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee  on  Transportation  --  reported  favorably  from  said
  committee  and committed to the Committee on Codes -- reported favora-
  bly from said committee, ordered to first and second  report,  ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

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. Clause d 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, is 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.
  S 2. This act shall take effect one year after it shall have become  a
law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00094-02-1

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