senate Bill S6636

Relates to driving while intoxicated and the installation of ignition interlock devices

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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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  • 07 / Mar / 2012
    • REFERRED TO TRANSPORTATION
  • 13 / Mar / 2012
    • 1ST REPORT CAL.352
  • 14 / Mar / 2012
    • 2ND REPORT CAL.
  • 15 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 22 / May / 2012
    • PASSED SENATE
  • 22 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 22 / May / 2012
    • REFERRED TO TRANSPORTATION

Summary

Relates to driving while intoxicated and the installation of interlock ignition devices; provides that where the court finds "good cause" it can sentence a person to wear a transdermal alcohol monitoring device for a period of not less than six months; makes related changes.

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Bill Details

See Assembly Version of this Bill:
A9544
Versions:
S6636
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§503, 510, 511, 1192, 1193, 1196, & 1198, V & T L; amd §259-c, Exec L; amd §§60.21, 60.36 & 65.10, Pen L; amd §160.10, CP L

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BILL NUMBER:S6636

TITLE OF BILL:
An act to amend the vehicle and traffic law, the executive law, the
penal law and the criminal procedure law, in relation to driving while
intoxicated and ignition interlock devices

PURPOSE:
To better effectuate the purposes of Chapter 496 of the Laws of 2009
("Leandra's Law").

SUMMARY:
Section 1 makes clear that youthful offenders are subject to the current
interlock requirements for DWI offenders; makes clear that the interlock
restriction for DWI offenders not only requires the installation and
maintenance, but also prohibits driving a vehicle without an interlock
or with a BAC above the device set point; makes clear that a vehicle
owned/operated for the purposes of interlock installation includes
titled and/or registered vehicles; under certain circumstances permits
an interlock to be installed in the vehicle operated by the offender at
the time of the offense; permits an offender to install an interlock
prior to sentencing, after a plea agreement has been reached; provides
that if an offender does not install an interlock for good cause, the
interlock restriction shall remain for whole of the probation or condi-
tional discharge period; requires an offender who for good cause cannot
install in interlock to wear a transdermal alcohol monitoring device for
at least the same six month period; provides that no conditional license
shall be granted nor license restored until offenders provide DMV a form
demonstrating compliance with the interlock/transdermal monitoring
conditions of sentence.

Section 2 makes conforming amendments to OPCA's recommendation responsi-
bilities to DCJS.

Section 3 makes conforming amendments to VTL 1198 (Installation and
operation of ignition interlock devices); cleans up duplicative condi-
tional license provisions; provides that no conditional license shall be
granted (or shall be revoked if granted) if a person is charged with
driving with a suspended/revoked license, a DUI or driving without and
interlock; sets forth on record procedure for arraignments; sets forth
on-record procedure for good cause exemption to interlock installation.

Section 4 provides that persons permitted to drive an employer vehicle
without interlock shall carry with them when driving such vehicle a form
indicating their ability to drive without an interlock only within the
course and scope of their employment.

Section 5 makes conforming amendments to section 259-c of the Executive
Law; makes clear that the requirement that certain offenders install an
interlock as a condition of parole shall run concurrently with a consec-
utive period of probation or conditional discharge.

Section 6 makes conforming changes to section 60.36 of the Penal Law
(authorized dispositions; driving while intoxicated offenses).

Section 7 makes conforming changes to section 60.21 of the Penal Law
(authorized dispositions; driving while intoxicated or aggravated driv-
ing while intoxicated).

Section 8 requires DMV to impose an interlock restriction notwithstand-
ing the fact that a court improperly fails to impose such restriction as
a condition of sentencing.

Section 9 creates a new subdivision 8-a to VTL 510 (Suspension, revoca-
tion and reissuance of licenses and registrations) which authorizes DMV
to remove any suspension/revocation/condition only upon proof of compli-
ance with all conditions of sentencing.

Section 10 provides that an interlock restriction shall be removed from
an offenders record in the same manner as license revocations.

Section 11 creates a new paragraph in under subdivision 4-a of the
section 1192 of the VTL to distinguish alcohol and drug offenses.

Section 12 makes conforming amendments to section 65.10 of the penal
law.

Section 13 eliminates 20 day stays of license suspension for DUI offen-
ders.

Section 14 adds VTL crimes to those which require fingerprinting.

Section 15 makes conforming amendments to VTL 1196.

Section 16 makes conforming amendments to VTL 1198; makes clear that a
failed start-up test, failed rolling re-test, etc. may be a separate DUI
crime.

Section 17 makes clear that driving under the influence with a condi-
tional license is aggravated unlicensed operation of a motor vehicle in
the second degree.

Section 18 provides the effective date.

JUSTIFICATION:
This bill is the result of what has been an ongoing dialogue with vari-
ous stakeholders (victim's rights groups, district attorney's offices,
executive agencies, etc.) on how best to deal with impaired drivers and
how best to effectuate the purposes of Chapter 496 of 2009.

Chapter 496 of 2009, commonly known as Leandra's Law, was intended to
create strict penalties for impaired drivers operating motor vehicles
with minors present in the vehicle. Additionally, Leandra's Law insti-
tuted a new and more comprehensive ignition interlock requirement for

impaired drivers. However, in the time since the law took effect, a
number of issues have arisen in implementation.

While the law requires all criminal DWI offenders to install ignition
interlock devices, the actual installation rate has been reported at
less than one third. This bill takes a number of steps - providing
incentives, penalties and alternatives - to increase the compliance
rate. As an example, it is clear that many offenders are selling or
transferring ownership of their vehicles in order to avoid installation
of an interlock device, to address this issue, this bill would require
any offender who cannot or chooses not to install an interlock device to
wear a transdermal alcohol monitoring device. This device would then
serve the similar purpose of ensuring the offender's responsibility with
regard to alcohol consumption, and provide an alternative when an offen-
der cannot or will not install an interlock.

Another issue this bill addresses is the granting of conditional driving
privileges. As stated, currently, many offenders are avoiding interlock
installation by attesting in court to the fact they do not own a vehicle
and will not operate a vehicle. However, after the interlock restriction
period expires, these same offenders are applying for and being granted
a conditional license. This bill would prevent such offenders from being
issued a conditional license or having their license privileges restored
until they have either complied with the interlock or transdermal moni-
toring requirements.

Additionally, this bill makes a number of other technical and procedural
changes to the statute such as: ensuring that youthful offenders too are
subject to interlock requirements; making clear that an offender is not
only required to install an interlock device but is prohibited from
driving without one; allowing an offender to install an interlock prior
to sentencing in the case of a plea agreement to encourage installation;
setting forth a procedure to prevent persons charged with subsequent
DWIs, driving with a suspended license or without and interlock from
receiving a conditional license; requiring DMV to impose an interlock
restriction where a court mistakenly fails to do so at sentencing; fing-
erprinting for vehicle and traffic law misdemeanors to allow parole and
probation to be aware of subsequent DWls, driving with a suspended
license and other crimes relative to an offender's parole or probation.

The aim of this bill is to make certain that the intent of Leandra's Law
- keeping impaired drivers off the streets and assuring that DWI offen-
ders demonstrate responsibility before the return of their driving priv-
ileges - is fully realized. The numerous changes to the law proposed in
this bill serve to comprehensively address issues - some glaring, others
technical- that have surfaced in the two years since Leandra's Law has
been in effect. This bill is a necessary therefore to properly implement
the New York's stated public policy on impaired driving.

LEGISLATIVE HISTORY:
New bill.

EFFECTIVE DATE:
Takes effect on the 90th day.

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

                                  6636

                            I N  S E N A T E

                              March 7, 2012
                               ___________

Introduced by Sens. FUSCHILLO, DILAN, ADDABBO, ALESI, BONACIC, McDONALD,
  STAVISKY  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic  law,  the  executive  law,  the
  penal law and the criminal procedure law, in relation to driving while
  intoxicated and ignition interlock devices

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

  Section 1. Paragraphs (b) and (c) of subdivision 1 of section 1193  of
the  vehicle  and  traffic law, as amended by chapter 496 of the laws of
2009, are amended to read as follows:
  (b) Driving while intoxicated or while ability impaired  by  drugs  or
while  ability impaired by the combined influence of drugs or of alcohol
and any drug or drugs; aggravated driving while intoxicated; misdemeanor
offenses. (i) A violation of subdivision two, three, four or  four-a  of
section eleven hundred ninety-two of this article shall be a misdemeanor
and  shall be punishable by a fine of not less than five hundred dollars
nor more than one thousand dollars, or by imprisonment in a penitentiary
or county jail for not more than one year, or  by  both  such  fine  and
imprisonment.  A  violation  of  paragraph  (a)  of subdivision two-a of
section eleven hundred ninety-two of this article shall be a misdemeanor
and shall be punishable by a fine of not less than one thousand  dollars
nor  more than two thousand five hundred dollars or by imprisonment in a
penitentiary or county jail for not more than one year, or by both  such
fine and imprisonment.
  (ii)  In addition to the imposition of any fine or period of imprison-
ment set forth in this paragraph, the court  shall  also  sentence  such
person convicted [of] OR ADJUDICATED A YOUTHFUL OFFENDER FOR a violation
of  subdivision  two,  two-a [or], three OR PARAGRAPH (B) OF SUBDIVISION
FOUR-A of section eleven hundred ninety-two of this article to a  period
of  probation or conditional discharge, as a condition of which it shall
order such person NOT TO OPERATE A MOTOR  VEHICLE  WITHOUT  AN  IGNITION
INTERLOCK  DEVICE,  NOT  TO OPERATE A MOTOR VEHICLE WITH A BLOOD ALCOHOL
CONCENTRATION ABOVE THE SETPOINT OF THE IGNITION INTERLOCK DEVICE AND to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13578-05-2

S. 6636                             2

install and maintain, in accordance with the provisions of section elev-
en hundred ninety-eight of this article, an ignition interlock device in
any motor vehicle TITLED, REGISTERED OR OTHERWISE owned or  operated  by
such  person  OR,  IF  SUCH  PERSON DOES NOT OWN A MOTOR VEHICLE, IN THE
VEHICLE OPERATED BY SUCH PERSON AT THE TIME OF THE VIOLATION OF  SECTION
ELEVEN  HUNDRED  NINETY-TWO  OF THIS ARTICLE, OR IN AT LEAST ONE VEHICLE
REGISTERED TO SUCH PERSON'S HOUSEHOLD during the term of such  probation
or  conditional  discharge  imposed for such violation of section eleven
hundred ninety-two of this article and in no event  for  less  than  six
months. THE PERIOD OF INTERLOCK RESTRICTION SHALL COMMENCE FROM THE DATE
OF  SENTENCING  OR, IN THE CASE OF A PLEA DISPOSITION, MAY COMMENCE FROM
THE DATE OF INSTALLATION OF AN IGNITION INTERLOCK DEVICE AT  A  DATE  IN
ADVANCE  OF SENTENCING. THE IGNITION INTERLOCK DEVICE SHALL BE INSTALLED
FOR NO LESS THAN SIX MONTHS, REGARDLESS OF THE COMMENCEMENT DATE. IN THE
EVENT THAT THE COURT  MAKES  A  DETERMINATION  OF  GOOD  CAUSE  FOR  NOT
INSTALLING  AN IGNITION INTERLOCK DEVICE PURSUANT TO SUBDIVISION FOUR OF
SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE ON  THE  BASIS  THAT
SUCH  PERSON  DOES  NOT  OWN  AND  WILL NOT OPERATE A MOTOR VEHICLE, THE
IGNITION INTERLOCK RESTRICTION SHALL REMAIN IN EFFECT FOR THE FULL PERI-
OD OF SUCH PERSON'S CONDITIONAL DISCHARGE OR PROBATION PURSUANT TO ARTI-
CLE SIXTY-FIVE OF THE PENAL LAW AND THE COURT SHALL SENTENCE SUCH PERSON
TO WEAR A TRANSDERMAL ALCOHOL MONITORING DEVICE FOR A PERIOD OF NOT LESS
THAN SIX MONTHS. UNDER NO CIRCUMSTANCES SHALL A CONDITIONAL  LICENSE  BE
ISSUED,  OR A LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE BE GRANTED
OR RESTORED UNTIL SUCH PERSON CAN DEMONSTRATE COMPLIANCE WITH EITHER THE
IGNITION INTERLOCK OR TRANSDERMAL ALCOHOL MONITORING PROVISIONS OF  THIS
SECTION PURSUANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED TEN OF THIS
CHAPTER. FOR THE PURPOSES OF OBTAINING A CONDITIONAL LICENSE WHILE UNDER
THE  PERIOD  OF  RESTRICTION,  SUCH  COMPLIANCE  CAN  BE DEMONSTRATED BY
PROVIDING PROOF AT THE TIME OF APPLICATION FOR A CONDITIONAL LICENSE  OF
THE  INSTALLATION OF AN IGNITION INTERLOCK DEVICE TO BE MONITORED PURSU-
ANT TO SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE FOR A  PERIOD
OF  NO  LESS  THAN THE FIRST SIX MONTHS AFTER THE CONDITIONAL LICENSE IS
GRANTED. THE PROOF  WILL  BE  PROVIDED  TO  THE  DEPARTMENT  IN  A  FORM
PRESCRIBED  BY THE COMMISSIONER.  [Provided, however, the] THE court may
not authorize the operation of a  motor  vehicle  by  any  person  whose
license  or privilege to operate a motor vehicle has been revoked pursu-
ant to the provisions of this section.
  (c) Felony offenses. (i) A  person  who  operates  a  vehicle  (A)  in
violation  of  subdivision  two, two-a, three, four or four-a of section
eleven hundred ninety-two of this article after having been convicted of
a violation of subdivision two, two-a, three, four  or  four-a  of  such
section  or  of  vehicular  assault  in  the  second or first degree, as
defined, respectively, in sections  120.03  and  120.04  and  aggravated
vehicular  assault as defined in section 120.04-a of the penal law or of
vehicular manslaughter in  the  second  or  first  degree,  as  defined,
respectively,  in  sections  125.12  and 125.13 and aggravated vehicular
homicide as defined in section 125.14 of such law, within the  preceding
ten  years, or (B) in violation of paragraph (b) of subdivision two-a of
section eleven hundred ninety-two of this article shall be guilty  of  a
class  E  felony,  and  shall be punished by a fine of not less than one
thousand dollars nor more than five thousand dollars or by a  period  of
imprisonment  as  provided  in  the  penal law, or by both such fine and
imprisonment.
  (ii) A person who operates a vehicle in violation of subdivision  two,
two-a,  three,  four  or  four-a of section eleven hundred ninety-two of

S. 6636                             3

this article after having been convicted of a violation  of  subdivision
two,  two-a,  three,  four  or  four-a  of  such section or of vehicular
assault in the second or first  degree,  as  defined,  respectively,  in
sections  120.03  and 120.04 and aggravated vehicular assault as defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such law, twice within the preceding ten years, shall  be  guilty  of  a
class  D  felony,  and  shall be punished by a fine of not less than two
thousand dollars nor more than ten thousand dollars or by  a  period  of
imprisonment  as  provided  in  the  penal law, or by both such fine and
imprisonment.
  (iii) In addition to the imposition of any fine or period of imprison-
ment set forth in this paragraph, the court  shall  also  sentence  such
person convicted [of] OR ADJUDICATED A YOUTHFUL OFFENDER FOR a violation
of  subdivision  two,  two-a [or], three OR PARAGRAPH (B) OF SUBDIVISION
FOUR-A of section eleven hundred ninety-two of this article to a  period
of  probation or conditional discharge, as a condition of which it shall
order such person NOT TO OPERATE A MOTOR  VEHICLE  WITHOUT  AN  IGNITION
INTERLOCK  DEVICE,  NOT  TO OPERATE A MOTOR VEHICLE WITH A BLOOD ALCOHOL
CONCENTRATION ABOVE THE SETPOINT OF THE IGNITION INTERLOCK  DEVICE,  AND
to  install  and  maintain, in accordance with the provisions of section
eleven hundred ninety-eight  of  this  article,  an  ignition  interlock
device  in  any  motor  vehicle TITLED, REGISTERED OR OTHERWISE owned or
operated by such person OR, IF SUCH PERSON DOES NOT OWN A MOTOR VEHICLE,
IN THE VEHICLE OPERATED BY SUCH PERSON AT THE TIME OF THE  VIOLATION  OF
SECTION  ELEVEN  HUNDRED  NINETY-TWO OF THIS ARTICLE, OR IN AT LEAST ONE
VEHICLE REGISTERED TO SUCH PERSON'S HOUSEHOLD during the  term  of  such
probation or conditional discharge imposed for such violation of section
eleven  hundred  ninety-two of this article and in no event for a period
of less than six months.  THE  PERIOD  OF  INTERLOCK  RESTRICTION  SHALL
COMMENCE  FROM  THE DATE OF SENTENCING OR IN THE CASE OF A PLEA DISPOSI-
TION, MAY COMMENCE FROM THE DATE OF INSTALLATION OF AN  IGNITION  INTER-
LOCK  DEVICE  AT A DATE IN ADVANCE OF SENTENCING. THE IGNITION INTERLOCK
DEVICE SHALL BE INSTALLED FOR NO LESS THAN SIX MONTHS, REGARDLESS OF THE
COMMENCEMENT DATE.  IN THE EVENT THAT THE COURT MAKES A DETERMINATION OF
GOOD CAUSE FOR NOT INSTALLING AN IGNITION INTERLOCK DEVICE  PURSUANT  TO
SUBDIVISION  FOUR OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE
ON THE BASIS THAT SUCH PERSON DOES NOT OWN AND WILL NOT OPERATE A  MOTOR
VEHICLE,  THE  IGNITION INTERLOCK RESTRICTION SHALL REMAIN IN EFFECT FOR
THE FULL PERIOD OF SUCH  PERSON'S  CONDITIONAL  DISCHARGE  OR  PROBATION
PURSUANT  TO  ARTICLE  SIXTY-FIVE  OF  THE PENAL LAW AND THE COURT SHALL
SENTENCE SUCH PERSON TO WEAR A TRANSDERMAL ALCOHOL MONITORING DEVICE FOR
A PERIOD OF NOT LESS THAN SIX MONTHS. UNDER  NO  CIRCUMSTANCES  SHALL  A
CONDITIONAL  LICENSE  BE  ISSUED, OR A LICENSE OR PRIVILEGE TO OPERATE A
MOTOR VEHICLE BE GRANTED OR RESTORED UNTIL SUCH PERSON  CAN  DEMONSTRATE
COMPLIANCE  WITH  EITHER  THE  IGNITION INTERLOCK OR TRANSDERMAL ALCOHOL
MONITORING PROVISIONS OF THIS SECTION PURSUANT TO  SUBDIVISION  NINE  OF
SECTION  FIVE HUNDRED TEN OF THIS CHAPTER. FOR THE PURPOSES OF OBTAINING
A CONDITIONAL LICENSE  WHILE  UNDER  THE  PERIOD  OF  RESTRICTION,  SUCH
COMPLIANCE  CAN BE DEMONSTRATED BY PROVIDING PROOF AT THE TIME OF APPLI-
CATION FOR A  CONDITIONAL  LICENSE  PROOF  OF  THE  INSTALLATION  OF  AN
IGNITION  INTERLOCK  DEVICE  TO  BE MONITORED PURSUANT TO SECTION ELEVEN
HUNDRED NINETY-EIGHT OF THIS ARTICLE FOR A PERIOD OF NO  LESS  THAN  THE
FIRST  SIX  MONTHS FROM THE DATE OF ISSUANCE OF THE CONDITIONAL LICENSE.
THE PROOF WILL BE PROVIDED TO THE DEPARTMENT IN A FORM PRESCRIBED BY THE

S. 6636                             4

COMMISSIONER. [Provided, however, the] THE court may not  authorize  the
operation of a motor vehicle by any person whose license or privilege to
operate  a  motor vehicle has been revoked pursuant to the provisions of
this section.
  S 2. Paragraph (g) of subdivision 1 of section 1193 of the vehicle and
traffic  law,  as  amended  by section 57 of part A of chapter 56 of the
laws of 2010, is amended to read as follows:
  (g) The office of probation and correctional alternatives shall recom-
mend to the commissioner of the division of  criminal  justice  services
regulations  governing  the  monitoring of compliance by persons ordered
NOT TO OPERATE A MOTOR VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE, NOT
TO OPERATE A MOTOR VEHICLE WITH A BLOOD ALCOHOL CONCENTRATION ABOVE  THE
SETPOINT  OF  THE  IGNITION INTERLOCK DEVICE AND to install and maintain
ignition interlock devices IN ANY MOTOR VEHICLE  TITLED,  REGISTERED  OR
OTHERWISE  OWNED  OR OPERATED BY SUCH PERSON, OR IF SUCH PERSON DOES NOT
OWN A MOTOR VEHICLE, IN THE VEHICLE OPERATED BY SUCH PERSON AT THE  TIME
OF  THE  VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE,
OR IN AT LEAST ONE VEHICLE REGISTERED TO SUCH PERSON'S HOUSEHOLD, OR  IN
THE  ALTERNATIVE  TO  WEAR  A  TRANSDERMAL ALCOHOL MONITORING DEVICE, to
provide standards  for  monitoring  by  departments  of  probation,  and
options  for monitoring of compliance by such persons, that counties may
adopt as an alternative to monitoring by a department of probation.
  S 3. Subdivisions 1, 2, 3, 4 and paragraph (a)  of  subdivision  5  of
section  1198  of the vehicle and traffic law, as amended by chapter 496
of the laws of 2009, are amended to read as follows:
  1. Applicability. The provisions of this section shall apply  through-
out the state to each person required or otherwise ordered by a court as
a condition of probation or conditional discharge NOT TO OPERATE A MOTOR
VEHICLE  WITHOUT  AN  IGNITION  INTERLOCK DEVICE, NOT TO OPERATE A MOTOR
VEHICLE WITH A BLOOD ALCOHOL CONCENTRATION ABOVE  THE  SETPOINT  OF  THE
IGNITION  INTERLOCK  DEVICE  AND  to  install  and [operate] MAINTAIN an
ignition interlock device in any vehicle FOR which he or she HAS  TITLE,
REGISTRATION,  OR OTHERWISE owns or operates, OR IF SUCH PERSON DOES NOT
OWN A MOTOR VEHICLE, IN THE VEHICLE OPERATED BY SUCH PERSON AT THE  TIME
OF  THE  VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE,
OR IN AT LEAST ONE VEHICLE REGISTERED TO SUCH PERSON'S HOUSEHOLD, OR  IN
THE ALTERNATIVE ORDERED TO WEAR A TRANSDERMAL ALCOHOL MONITORING DEVICE.
  2.  Requirements. (a) In addition to any other penalties prescribed by
law, the court shall require that any person who has been convicted [of]
OR ADJUDICATED A YOUTHFUL OFFENDER FOR a violation of  subdivision  two,
two-a  [or],  three  OR  PARAGRAPH  (B) OF SUBDIVISION FOUR-A of section
eleven hundred ninety-two of this article, or any crime defined by  this
chapter  or  the  penal law of which an alcohol-related violation of any
provision of section eleven hundred ninety-two of  this  article  is  an
essential  element,  [to]  SHALL  NOT OPERATE A MOTOR VEHICLE WITHOUT AN
IGNITION INTERLOCK DEVICE, OR WITH A BLOOD ALCOHOL  CONCENTRATION  ABOVE
THE  SETPOINT  OF  THE  IGNITION  INTERLOCK DEVICE AND SHALL install and
maintain, as a condition of probation or conditional discharge, a  func-
tioning  ignition  interlock  device  OR SHALL IN THE ALTERNATIVE WEAR A
TRANSDERMAL ALCOHOL MONITORING DEVICE in accordance with the  provisions
of this section and, as applicable, in accordance with the provisions of
subdivisions  one  and  one-a  of section eleven hundred ninety-three of
this article; provided, however, the court may not authorize the  opera-
tion  of  a  motor  vehicle  by any person whose license or privilege to
operate a motor vehicle has been revoked except as provided herein.  For
any such individual subject to a sentence of probation, installation and

S. 6636                             5

maintenance  of  such  ignition interlock device shall be a condition of
probation.
  (b)  Nothing  contained  in  this section shall prohibit a court, upon
application by a probation department, from modifying the conditions  of
probation  of  any  person convicted of any violation set forth in para-
graph (a) of this subdivision  prior  to  the  effective  date  of  this
section,  to  require  the installation and maintenance of a functioning
ignition interlock device, and such person shall thereafter  be  subject
to the provisions of this section.
  [(c)  Nothing  contained  in  this  section shall authorize a court to
sentence any person to a period of probation  or  conditional  discharge
for  the  purpose  of  subjecting  such person to the provisions of this
section, unless such person would have otherwise been so eligible for  a
sentence of probation or conditional discharge.]
  3.  Conditions.  (a)  Notwithstanding  any other provision of law, the
commissioner may grant a [post-revocation] conditional license[, as  set
forth  in  paragraph  (b)  of this subdivision, to a person who has been
convicted of a violation of subdivision two, two-a or three  of  section
eleven  hundred ninety-two of this article and who has been sentenced to
a period of probation or conditional discharge, provided the person  has
satisfied  the  minimum  period of license revocation established by law
and the commissioner has been notified that such person may operate only
a motor vehicle equipped with a functioning ignition  interlock  device]
IN  ACCORDANCE  WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-SIX
OF THIS ARTICLE.
  (B) No such request shall be made nor shall such a license be granted,
however, if such person has been found by a court to have [committed  a]
BEEN  CHARGED  WITH  A  violation of section five hundred eleven of this
chapter during the license revocation period, OR A VIOLATION OF  SECTION
ELEVEN  HUNDRED  NINETY-TWO OF THIS ARTICLE, OR FOR OPERATION OF A MOTOR
VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE WHEN REQUIRED TO  HAVE  ONE
PURSUANT  TO  THIS  SECTION,  or  deemed by a court to have violated any
condition of probation or conditional discharge set forth by  the  court
relating to the operation of a motor vehicle or the consumption of alco-
hol.  [In exercising discretion relating to the issuance of a post-revo-
cation conditional license pursuant to this subdivision, the commission-
er shall not  deny  such  issuance  based  solely  upon  the  number  of
convictions  for violations of any subdivision of section eleven hundred
ninety-two of this article committed by such person within the ten years
prior to application for such license.] IN ORDER FOR THE REQUEST  FOR  A
CONDITIONAL  LICENSE  TO  BE  DENIED ON THE BASIS OF HAVING BEEN CHARGED
WITH THE ENUMERATED VIOLATIONS, THE COURT MUST FIND PRIOR TO THE CONCLU-
SION OF THE PROCEEDINGS FOR ARRAIGNMENT THAT THE  ACCUSATORY  INSTRUMENT
CONFORMS TO THE REQUIREMENTS OF SECTION 100.40 OF THE CRIMINAL PROCEDURE
LAW  AND  THERE  EXISTS  REASONABLE  CAUSE  TO  BELIEVE THAT SUCH PERSON
VIOLATED THE PROVISIONS OF SECTION FIVE HUNDRED ELEVEN OF  THIS  CHAPTER
OR OPERATED A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION ONE, TWO, TWO-A,
THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTI-
CLE  OR  OPERATED  A  MOTOR VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE
WHEN REQUIRED TO HAVE ONE PURSUANT TO THIS SECTION. THE COURT SHALL MAKE
A FINDING AND SET IT FORTH UPON THE RECORD, OR OTHERWISE SET IT FORTH IN
WRITING. THE FINDING SHALL BE  FILED  WITH  THE  DEPARTMENT  IN  A  FORM
PRESCRIBED BY THE COMMISSIONER. AT SUCH TIME THE LICENSEE SHALL BE ENTI-
TLED  TO  AN  OPPORTUNITY  TO MAKE A STATEMENT REGARDING THE CHARGES AND
ISSUES AND TO PRESENT EVIDENCE TENDING TO REBUT  THE  COURT'S  FINDINGS.
THE  LICENSEE MAY PRESENT MATERIAL AND RELEVANT EVIDENCE, HOWEVER, HE OR

S. 6636                             6

SHE MAY NOT CAUSE THE LAW ENFORCEMENT OFFICERS INVOLVED IN THE  UNDERLY-
ING  ARREST OR ARRESTS TO BE CALLED TO TESTIFY UNLESS THE LICENSEE FIRST
DEMONSTRATES TO THE SATISFACTION OF THE COURT  A  GOOD  FAITH  BASIS  TO
BELIEVE  SUCH  OFFICERS  WILL  PROVIDE  TESTIMONY  INCONSISTENT WITH THE
FACTUAL PORTION OF THE ACCUSATORY INSTRUMENT WHICH FORMED THE  BASIS  OF
THE  COURT'S  FINDING  OF COMPLIANCE WITH SECTION 100.40 OF THE CRIMINAL
PROCEDURE LAW AND THERE EXISTS REASONABLE  CAUSE  TO  BELIEVE  THAT  THE
HOLDER  VIOLATED THE SECTIONS CHARGED. IN NO EVENT SHALL THE ARRAIGNMENT
BE ADJOURNED OR OTHERWISE DELAYED MORE THAN THREE BUSINESS  DAYS  SOLELY
FOR  THE  PURPOSE OF ALLOWING THE LICENSEE TO REBUT THE COURT'S FINDING.
Upon the termination of the period of probation or conditional discharge
set by the court, the person may apply to the commissioner for  restora-
tion  of a license or privilege to operate a motor vehicle in accordance
with this chapter.
  [(b) Notwithstanding any inconsistent provision  of  this  chapter,  a
post-revocation conditional license granted pursuant to paragraph (a) of
this  subdivision shall be valid only for use by the holder thereof, (1)
enroute to and from the holder's place of employment, (2) if  the  hold-
er's  employment  requires  the operation of a motor vehicle then during
the hours thereof, (3) enroute to and from  a  class  or  course  at  an
accredited school, college or university or at a state approved institu-
tion  of vocational or technical training, (4) to and from court ordered
probation activities, (5) to and from a motor  vehicle  office  for  the
transaction  of  business relating to such license, (6) for a three hour
consecutive daytime period, chosen by the department, on  a  day  during
which  the  participant  is not engaged in usual employment or vocation,
(7) enroute to and from a medical examination or treatment as part of  a
necessary  medical  treatment  for  such  participant  or  member of the
participant's household, as evidenced by a  written  statement  to  that
effect  from  a licensed medical practitioner, (8) enroute to and from a
class or an activity which is an authorized part of the alcohol and drug
rehabilitation  program  and  at  which  participant's   attendance   is
required,  and  (9)  enroute to and from a place, including a school, at
which a child or children of the participant are cared for on a  regular
basis  and  which  is  necessary  for  the  participant to maintain such
participant's employment or enrollment at an accredited school,  college
or  university or at a state approved institution of vocational or tech-
nical training.]
  (c) The  [post-revocation]  conditional  license  described  in  [this
subdivision]  SECTION  ELEVEN HUNDRED NINETY-SIX OF THIS ARTICLE, may be
revoked by the commissioner  for  sufficient  cause  including  but  not
limited  to,  failure  to  comply  with  the  terms  of the condition of
probation or conditional discharge set forth by the court, conviction of
any traffic offense other than one involving parking, stopping or stand-
ing [or conviction of] AND SHALL BE REVOKED BY  THE  COMMISSIONER  WHERE
SUCH  PERSON IS FOUND BY THE COURT TO HAVE BEEN CHARGED WITH any alcohol
or drug related offense, misdemeanor or felony, ANY VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, ANY VIOLATION OF SECTION FIVE
HUNDRED ELEVEN OF THIS ARTICLE, OR WITH OPERATING A MOTOR VEHICLE  WITH-
OUT  AN  IGNITION INTERLOCK DEVICE WHEN REQUIRED TO DO SO, or failure to
install or maintain a court ordered ignition interlock device.
  (d) [Nothing contained herein shall prohibit the court from requiring,
as a condition of probation or conditional discharge,  the  installation
of a functioning ignition interlock device in any vehicle owned or oper-
ated by a person sentenced for a violation of subdivision two, two-a, or
three of section eleven hundred ninety-two of this chapter, or any crime

S. 6636                             7

defined  by  this  chapter  or the penal law of which an alcohol-related
violation of any provision of section eleven hundred ninety-two of  this
chapter  is an essential element, if the court in its discretion, deter-
mines  that  such a condition is necessary to ensure the public safety.]
Imposition of an ignition interlock condition shall in no way limit  the
effect  of  any  period of license suspension or revocation set forth by
the commissioner or the court.
  (e) Nothing contained herein shall prevent the court from applying any
other conditions of probation or conditional discharge allowed  by  law,
including treatment for alcohol or drug abuse, restitution and community
service.
  (f) The commissioner shall note on the operator's record of any person
restricted  pursuant  to  this  section  UPON SENTENCING OR DATE OF PLEA
DISPOSITION IN ADVANCE OF SENTENCING that,  in  addition  to  any  other
restrictions,  conditions or limitations, such person may operate only a
motor vehicle equipped with an ignition interlock device.
  4. Proof of compliance and recording of condition. (a) Following impo-
sition by the court of the use of an  ignition  interlock  device  as  a
condition  of  probation  or  conditional discharge it shall require the
person to provide proof of compliance with this section to the court and
the probation department OR OTHER MONITOR where  such  person  is  under
probation,  SUPERVISION, or conditional discharge [supervision] MONITOR-
ING.  A CLAIM BY SUCH PERSON THAT HE OR  SHE  HAS  GOOD  CAUSE  FOR  NOT
INSTALLING AN IGNITION INTERLOCK DEVICE SHALL BE MADE TO THE COURT AT OR
BEFORE SENTENCING, IN WRITING IN THE FORM OF A SWORN AFFIDAVIT SIGNED BY
SUCH  PERSON ASSERTING UNDER OATH THAT SUCH PERSON IS NOT THE REGISTERED
OR TITLED OWNER OF ANY MOTOR VEHICLE AND  WILL  NOT  OPERATE  ANY  MOTOR
VEHICLE  DURING  THE PERIOD OF RESTRICTION, OR THAT SUCH PERSON DOES NOT
HAVE ACCESS TO THE VEHICLE OPERATED BY SUCH PERSON AT THE  TIME  OF  THE
VIOLATION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR THAT
THE REGISTERED OWNER OF THAT VEHICLE OR ANY VEHICLE REGISTERED  TO  SUCH
PERSON'S  HOUSEHOLD  WILL  NOT  GIVE  CONSENT FOR THE INSTALLATION OF AN
IGNITION INTERLOCK DEVICE ON HIS OR HER VEHICLE. IN ADDITION, THE  AFFI-
DAVIT  MUST ALSO INCLUDE A STATEMENT REGARDING WHETHER SUCH PERSON OWNED
ANY MOTOR VEHICLE ON THE DATE OF THE  UNDERLYING  VIOLATION  OF  SECTION
ELEVEN  HUNDRED  NINETY-TWO OF THIS ARTICLE AND WHETHER OWNERSHIP OF ANY
OF THOSE VEHICLES HAS BEEN TRANSFERRED TO ANOTHER PARTY BY SALE, GIFT OR
ANY OTHER MEANS SINCE THE DATE OF SAID  VIOLATION.  THE  AFFIDAVIT  MUST
INCLUDE A STATEMENT FROM SUCH PERSON THAT HE OR SHE HAS NOT AND WILL NOT
TRANSFER  OWNERSHIP  OF ANY VEHICLE TO EVADE INSTALLATION OF AN IGNITION
INTERLOCK DEVICE. THE AFFIDAVIT MUST ALSO INCLUDE THE  ADDRESS  OF  SUCH
PERSON'S  EMPLOYMENT  (IF  ANY) AND HOW SUCH PERSON INTENDS TO TRAVEL TO
THAT LOCATION DURING THE PERIOD OF  RESTRICTION.  THE  PERSON  MAY  ALSO
INCLUDE  ANY  OTHER  FACTS  AND CIRCUMSTANCES SUCH PERSON BELIEVES TO BE
RELEVANT TO THE CLAIM OF GOOD CAUSE.  THE  COURT  MUST  MAKE  A  FINDING
WHETHER  GOOD  CAUSE  EXISTS  ON THE RECORD AND, IF GOOD CAUSE IS FOUND,
ISSUE SUCH FINDING IN WRITING TO BE FILED BY SUCH PERSON WITH  PROBATION
OR  THE  IGNITION  INTERLOCK  MONITOR,  AS APPROPRIATE. IN THE EVENT THE
COURT DENIES SUCH PERSON'S CLAIM OF GOOD CAUSE ON THE BASIS OF THE AFFI-
DAVIT FILED WITH THE COURT, SUCH PERSON MUST BE GIVEN AN OPPORTUNITY  TO
BE  HEARD. SUCH PERSON MAY ALSO WAIVE THE OPPORTUNITY TO BE HEARD. WHERE
THE COURT FINDS GOOD CAUSE FOR SUCH PERSON NOT TO  INSTALL  AN  IGNITION
INTERLOCK  DEVICE,  THE PERIOD OF INTERLOCK RESTRICTION ON SUCH PERSON'S
OPERATING RECORD SHALL REMAIN IN EFFECT FOR  THE  FULL  PERIOD  OF  SUCH
PERSON'S   CONDITIONAL   DISCHARGE  OR  PROBATION  PURSUANT  TO  ARTICLE
SIXTY-FIVE OF THE PENAL LAW AND THE COURT SHALL SENTENCE SUCH PERSON  TO

S. 6636                             8

WEAR  A  TRANSDERMAL  ALCOHOL MONITORING DEVICE FOR A PERIOD OF NOT LESS
THAN SIX MONTHS. IN THE EVENT THE COURT ALSO SENTENCES  SUCH  PERSON  TO
ABSTAIN  OR RESTRICT HIS OR HER CONSUMPTION OF ALCOHOL DURING THE TRANS-
DERMAL ALCOHOL MONITORING PERIOD, THE DETECTION OF ALCOHOL BY THE TRANS-
DERMAL  DEVICE  SHALL  BE  REPORTED  BY  PROBATION OR THE MONITOR TO THE
COURT. WHERE NO SUCH RESTRICTION IS IMPOSED BY THE COURT, THE  TRANSDER-
MAL  DATA WILL BE REPORTED TO THE DEPARTMENT IN A FORM PRESCRIBED BY THE
COMMISSIONER FOR CONSIDERATION DURING RELICENSING. If [the] A person  IS
ORDERED  TO  INSTALL  AND MAINTAIN AN IGNITION INTERLOCK DEVICE AND SUCH
PERSON fails to provide [for such] proof of installation TO PROBATION OR
THE MONITOR, AS APPROPRIATE, absent a finding by the court of good cause
for that failure which is entered in the record, the court  may  revoke,
modify,  or  terminate the person's sentence of probation or conditional
discharge as provided under law.
  (b) When a court imposes the condition specified in subdivision one of
this section, the court shall notify the commissioner in such manner  as
the  commissioner  may  prescribe,  and the commissioner shall note such
condition on the operating record of the person subject to  such  condi-
tions.
  (a)  The  cost  of  installing  and maintaining the ignition interlock
device OR TRANSDERMAL ALCOHOL MONITORING DEVICE shall be  borne  by  the
person subject to such condition unless the court determines such person
is  financially  unable  to  afford  such cost whereupon such cost [may]
SHALL be imposed pursuant to a payment plan or, IF NO PAYMENT  PLAN  CAN
BE  ESTABLISHED,  THE COURT MUST STATE THE REASONS WHY A PAYMENT PLAN IS
NOT FEASIBLE ON THE RECORD AND MAY ORDER THE COST TO BE waived.  In  the
event  of  such waiver, the cost of the device shall be borne in accord-
ance with regulations issued under paragraph (g) of subdivision  one  of
section  eleven hundred ninety-three of this article or pursuant to such
other agreement as may be entered into for provision of the device. Such
cost shall be considered a fine for the purposes of subdivision five  of
section  420.10  of  the  criminal  procedure  law.  Such cost shall not
replace, but shall instead be in addition to, any fines, surcharges,  or
other costs imposed pursuant to this chapter or other applicable laws.
  S  4. Subdivision 8 of section 1198 of the vehicle and traffic law, as
amended by chapter 496 of the laws  of  2009,  is  amended  to  read  as
follows:
  8. Employer vehicle. Notwithstanding the provisions of subdivision one
and  paragraph  (d)  of subdivision nine of this section, if a person is
required to operate a motor vehicle owned by said person's  employer  in
the  course  and  scope of his or her employment, the person may operate
that vehicle without installation  of  an  approved  ignition  interlock
device  only  in the course and scope of such employment and only if the
employer has been notified that the person's driving privilege has  been
restricted under the provisions of this article or the penal law and the
person whose privilege has been so restricted has provided the court and
probation  department with written documentation indicating the employer
has knowledge of the restriction imposed and has granted permission  for
the person to operate the employer's vehicle without the device only for
business  purposes.  The person shall notify the court and the probation
department, OR THE INTERLOCK MONITOR, AS  APPROPRIATE,  of  his  or  her
intention  to so operate the employer's vehicle.  THE COURT MAY GRANT OR
DENY SUCH PERSON'S REQUEST TO OPERATE A MOTOR  VEHICLE,  OWNED  BY  SAID
PERSON'S  EMPLOYER,  IN  THE  COURSE  AND SCOPE OF HIS OR HER EMPLOYMENT
WITHOUT INSTALLATION OF AN APPROVED IGNITION INTERLOCK DEVICE. WHERE THE
COURT GRANTS THE REQUEST, IT MUST  BE  GRANTED  IN  WRITING  IN  A  FORM

S. 6636                             9

PRESCRIBED  BY  THE COMMISSIONER TO BE FILED WITH PROBATION OR THE MONI-
TOR, AS APPROPRIATE, AND TO BE CARRIED  BY  SUCH  PERSON  WHENEVER  SAID
PERSON  IS  OPERATING  THE  EMPLOYER'S  VEHICLE  IN ACCORDANCE WITH THIS
SECTION  AND SUCH PERSON MUST PRODUCE SAID DOCUMENT TO A LAW ENFORCEMENT
OFFICER UPON REQUEST.  ADDITIONALLY, THE COMMISSIONER SHALL NOTE ON  THE
OPERATOR'S  RECORD OF ANY PERSON AUTHORIZED TO OPERATE AN EMPLOYER VEHI-
CLE PURSUANT TO THIS SUBDIVISION THAT SUCH PERSON IS ONLY AUTHORIZED  TO
OPERATE  WITHOUT  AN IGNITION INTERLOCK DEVICE WHILE DRIVING AN EMPLOYER
VEHICLE WITHIN THE COURSE AND SCOPE OF HIS OR HER  EMPLOYMENT.  A  motor
vehicle owned by a business entity which business entity is all or part-
ly  owned  or controlled by a person otherwise subject to the provisions
of this article or the penal law is not a motor  vehicle  owned  by  the
employer for purposes of the exemption provided in this subdivision. The
provisions of this subdivision shall apply only to the operation of such
vehicle in the scope of such employment.
  S  5.  Subdivision  15-a  of  section  259-c  of the executive law, as
amended by section 38-b of subpart A of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
  15-a. Notwithstanding any other provision of law, where  a  person  is
serving  a sentence for a violation of section 120.03, 120.04, 120.04-a,
125.12, 125.13 or 125.14 of the penal law, or a  felony  as  defined  in
paragraph  (c) of subdivision one of section eleven hundred ninety-three
of the vehicle and traffic law, if such person is released on parole  or
conditional  release the board shall require as a mandatory condition of
such release, that such person install and maintain, in accordance  with
the provisions of section eleven hundred ninety-eight of the vehicle and
traffic  law,  an ignition interlock device in any motor vehicle TITLED,
REGISTERED OR OTHERWISE owned or operated by such person during the term
of such parole or conditional release for such crime.    THIS  MANDATORY
INSTALLATION  OF  AN IGNITION INTERLOCK DEVICE AS A CONDITION OF RELEASE
SHALL RUN CONCURRENTLY WITH ANY REQUIRED  INSTALLATION  OF  AN  IGNITION
INTERLOCK  DEVICE  ORDERED  BY THE COURT AS A CONDITION OF A CONSECUTIVE
PERIOD OF CONDITIONAL DISCHARGE OR PROBATION PURSUANT TO  SECTION  60.21
OF  THE  PENAL  LAW.    MONITORING  DURING THE PERIOD OF PAROLE SHALL BE
PROVIDED BY THE DIVISION OF PAROLE.  IF THERE IS AN ADDITIONAL PERIOD OF
PROBATION EXTENDING BEYOND THE  PERIOD  OF  PAROLE,  MONITORING  OF  ANY
REMAINING  PERIOD OF IGNITION INTERLOCK RESTRICTION SHALL BE TRANSFERRED
FROM THE DIVISION OF PAROLE TO PROBATION AT THE  CONCLUSION  OF  PAROLE.
Provided  further,  however,  the  board may not otherwise authorize the
operation of a motor vehicle by any person whose license or privilege to
operate a motor vehicle has been revoked pursuant to the  provisions  of
the vehicle and traffic law.
  S  6.  Section  60.36 of the penal law, as added by chapter 496 of the
laws of 2009, is amended to read as follows:
S 60.36 Authorized dispositions; driving while intoxicated offenses.
  Where a court is imposing a sentence for a  violation  of  subdivision
two,  two-a,  [or]  three,  OR  PARAGRAPH  (B)  OF SUBDIVISION FOUR-A of
section eleven hundred ninety-two of the vehicle and traffic law OR  FOR
A  VIOLATION  OF  SECTION  120.03,  120.04,  120.04-A, 125.12, 125.13 OR
125.14 OF THIS CHAPTER, OR A FELONY  AS  DEFINED  IN  PARAGRAPH  (C)  OF
SUBDIVISION  ONE  OF  SECTION ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE
AND TRAFFIC LAW, pursuant to sections 65.00 or 65.05 of this title  and,
as a condition of such sentence, orders the installation and maintenance
of  an ignition interlock device, the court may impose any other penalty
authorized pursuant to section eleven hundred ninety-three of the  vehi-
cle and traffic law.

S. 6636                            10

  S  7.  Section  60.21 of the penal law, as added by chapter 496 of the
laws of 2009, is amended to read as follows:
S 60.21 Authorized dispositions; driving while intoxicated or aggravated
          driving while intoxicated.
  Notwithstanding  paragraph  (d) of subdivision two of section 60.01 of
this article, when a person is to be sentenced upon a conviction  for  a
violation  of  subdivision  two,  two-a  [or], three OR PARAGRAPH (B) OF
SUBDIVISION FOUR-A of section eleven hundred ninety-two of  the  vehicle
and traffic law, OR FOR A VIOLATION OF SECTION 120.03, 120.04, 120.04-A,
125.12,  125.13  OR  125.14  OF  THIS CHAPTER, OR A FELONY AS DEFINED IN
PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED  NINETY-THREE
OF  THE  VEHICLE AND TRAFFIC LAW, OR ANY FELONY FOR WHICH A VIOLATION OF
SUBDIVISION TWO, TWO-A, THREE, PARAGRAPH (B) OF  SUBDIVISION  FOUR-A  OF
SECTION  ELEVEN  HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW IS AN
ESSENTIAL ELEMENT the court may sentence such  person  to  a  period  of
imprisonment  authorized  by  article  seventy  of  this title and shall
sentence such person to a period of probation or  conditional  discharge
in  accordance  with  the  provisions of section 65.00 of this title and
shall order the installation and maintenance of a  functioning  ignition
interlock  device.  Such  period  of  probation or conditional discharge
shall run consecutively to any period of imprisonment and shall commence
immediately upon such person's release from  imprisonment  NOTWITHSTAND-
ING,  SUCH  PERSON  ALSO HAVING BEEN CONVICTED OF FELONY CHARGES THAT DO
NOT CONTAIN A VIOLATION OF SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF  THE
VEHICLE  AND  TRAFFIC  LAW  AS AN ESSENTIAL ELEMENT.   WHERE A PERSON IS
SENTENCED TO THE MAXIMUM TERM OF INCARCERATION WITH A CONSECUTIVE PERIOD
OF CONDITIONAL DISCHARGE OR PROBATION, AND THE COURT FINDS  SUCH  PERSON
TO  HAVE VIOLATED THE CONDITIONS OF DISCHARGE OR PROBATION, THE COURT IN
ITS DISCRETION MAY SENTENCE THE DEFENDANT TO  AN  ADDITIONAL  PERIOD  OF
INCARCERATION  NOT  TO  EXCEED  NINETY  DAYS FOR EACH VIOLATION. NOTHING
CONTAINED IN THIS SECTION SHALL PROHIBIT A COURT FROM IMPOSING ANY OTHER
SENTENCE OR MODIFICATION PERMITTED BY LAW.
  S 8. Subparagraph 10 of paragraph b of subdivision 2 of  section  1193
of  the  vehicle and traffic law, as added by chapter 173 of the laws of
1990, is amended to read as follows:
  (10) Action required by commissioner. Where a court fails  to  impose,
or  incorrectly  imposes,  a  suspension  or revocation required by this
subdivision, OR AN INTERLOCK  RESTRICTION  REQUIRED  BY  SECTION  ELEVEN
HUNDRED  NINETY-EIGHT  OF  THIS  ARTICLE,  the  commissioner shall, upon
receipt of a certificate of conviction filed pursuant  to  section  five
hundred fourteen of this chapter OR UPON NOTICE OF AN IGNITION INTERLOCK
REQUIREMENT  BEFORE  THE  SENTENCE  DATE  AS PART OF A PLEA DISPOSITION,
impose such mandated suspension [or], revocation[,] OR RESTRICTION which
shall supersede any such order which the court may have imposed.
  S 9. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 8-a to read as follows:
  8-A.  PROOF OF COMPLIANCE. A LICENSE OR REGISTRATION MAY  BE  RESTORED
BY  DIRECTION  OF  THE COMMISSIONER BUT NOT OTHERWISE. WHERE THE SUSPEN-
SION, REVOCATION OR RESTRICTION IS THE RESULT OF A CRIMINAL  CONVICTION,
NO  LICENSE  SHALL BE RESTORED AND NO RESTRICTION SHALL BE REMOVED UNTIL
PROOF OF COMPLIANCE WITH  EACH  OF  THE  CONDITIONS  OF  THE  OPERATOR'S
SENTENCE HAS BEEN PROVIDED TO THE DEPARTMENT IN A FORM PRESCRIBED BY THE
COMMISSIONER.
  S 10. Paragraph (h) of subdivision 2 of section 503 of the vehicle and
traffic  law,  as  amended  by section 1 of part PP of chapter 59 of the
laws of 2009, is amended to read as follows:

S. 6636                            11

  (h) An applicant whose driver's license has been  RESTRICTED  PURSUANT
TO  (I)  PARAGRAPHS  (B)  AND  (C)  OF SUBDIVISION ONE OF SECTION ELEVEN
HUNDRED NINETY-THREE OF THIS CHAPTER AND  (II)  SECTION  ELEVEN  HUNDRED
NINETY-EIGHT  OF  THIS  CHAPTER  OR revoked pursuant to (i) section five
hundred  ten  of this title, (ii) section eleven hundred ninety-three of
this chapter, [and] (iii) section eleven  hundred  ninety-four  of  this
chapter  OR,  (IV)  A  FINDING  OF DRIVING AFTER HAVING CONSUMED ALCOHOL
PURSUANT TO THE PROVISIONS OF SECTION  ELEVEN  HUNDRED  NINETY-TWO-A  OF
THIS CHAPTER, shall, upon application for issuance of a driver's license
OR  REMOVAL  OF  THE  RESTRICTION,  pay to the commissioner a fee of one
hundred dollars.  [When the basis for the revocation  is  a  finding  of
driving  after  having  consumed  alcohol  pursuant to the provisions of
section eleven hundred ninety-two-a of this chapter, the fee to be  paid
to  the  commissioner  shall  be  one  hundred dollars.] Such fee is not
refundable and shall not be returned to the applicant regardless of  the
action  the commissioner may take on such person's application for rein-
statement of such driving license. Such fee shall be in addition to  any
other  fees  presently levied [but shall not apply to an applicant whose
driver's license was revoked for failure to pass a reexamination  or  to
an applicant who has been issued a conditional or restricted use license
under the provisions of article twenty-one-A or thirty-one of this chap-
ter].
  S  11. Subdivision 4-a of section 1192 of the vehicle and traffic law,
as added by chapter 732 of the laws of  2006,  is  amended  to  read  as
follows:
  4-a. Driving while ability impaired by the combined influence of drugs
or of alcohol and any drug or drugs. (A) No person shall operate a motor
vehicle  while  the  person's  ability  to operate such motor vehicle is
impaired by the combined influence of drugs [or].
  (B) NO PERSON SHALL OPERATE A MOTOR VEHICLE WHILE THE PERSON'S ABILITY
TO OPERATE SUCH MOTOR VEHICLE IS IMPAIRED BY THE COMBINED  INFLUENCE  of
alcohol and any drug or drugs.
  S  12.  Paragraph (k-1) of subdivision 2 of section 65.10 of the penal
law, as amended by chapter 669 of the laws of 2007, is amended  to  read
as follows:
  (k-1) Install and maintain a functioning ignition interlock device, as
that  term  is  defined in section one hundred nineteen-a of the vehicle
and traffic law, in any vehicle owned or operated by the  defendant  [if
the  court  in its discretion determines that such a condition is neces-
sary to ensure the public safety. The court may require  such  condition
only  where  a  person  has been convicted of a violation of subdivision
two, two-a or three of section eleven hundred ninety-two of the  vehicle
and  traffic law, or any crime defined by the vehicle and traffic law or
this chapter of which an alcohol-related violation of any  provision  of
section  eleven  hundred ninety-two of the vehicle and traffic law is an
essential element]. The offender shall be required to install and  oper-
ate  the  ignition  interlock  device  [only] in accordance with section
eleven hundred ninety-eight of the vehicle and traffic law.
  S 13. Paragraph (d) of subdivision 2 of section 1193  of  the  vehicle
and traffic law, as added by chapter 47 of the laws of 1988 and subpara-
graph 1 as amended by section 34 of part LL of chapter 56 of the laws of
2010, is amended to read as follows:
  (d)   Suspension  or  revocation;  sentencing.  [(1)]  Notwithstanding
anything to the contrary contained in a certificate of relief from disa-
bilities or a certificate of good conduct  issued  pursuant  to  article
twenty-three  of  the  correction law, where a suspension or revocation,

S. 6636                            12

other than a revocation required to be issued by  the  commissioner,  is
mandatory  pursuant  to  paragraph  (a)  or (b) of this subdivision, the
magistrate, justice or judge shall issue an order suspending or revoking
such  license  upon  sentencing,  and the license holder shall surrender
such license to the court. [Except as hereinafter provided, such suspen-
sion or revocation shall take effect immediately.
  (2) Except where the license holder has been charged with a  violation
of  article  one  hundred twenty or one hundred twenty-five of the penal
law arising out of the same incident or convicted of such violation or a
violation of any subdivision of section  eleven  hundred  ninety-two  of
this  article  within  the  preceding  five years, the judge, justice or
magistrate may issue an order making said license suspension or  revoca-
tion  take  effect twenty days after the date of sentencing. The license
holder shall be given a copy of said order permitting  the  continuation
of  driving  privileges  for twenty days after sentencing, if granted by
the court. The court shall forward to the commissioner the  certificates
required  in sections five hundred thirteen and five hundred fourteen of
this chapter, along with a copy of any order  issued  pursuant  to  this
paragraph and the license, within ninety-six hours of sentencing.]
  S 14. Paragraphs (b) and (d) of subdivision 1 of section 160.10 of the
criminal  procedure  law, paragraph (b) as amended by chapter 762 of the
laws of 1971, paragraph (d) as amended by chapter 232  of  the  laws  of
2010, are amended and a new paragraph (e) is added to read as follows:
  (b)  A misdemeanor defined in the penal law OR THE VEHICLE AND TRAFFIC
LAW; or
  (d) Loitering for the purpose of engaging in a prostitution offense as
defined in subdivision two of section 240.37 of the penal law[.]; OR
  (E) AN OFFENSE WHICH WOULD CONSTITUTE A MISDEMEANOR IF SUCH PERSON HAD
A PREVIOUS JUDGMENT OR CONVICTION FOR THE SAME OFFENSE.
  S 15. Paragraphs (e) and (f) of subdivision 7 of section 1196  of  the
vehicle  and  traffic  law,  paragraph (e) as added by chapter 47 of the
laws of 1988 and paragraph (f) as added by chapter 420 of  the  laws  of
1989, are amended and a new paragraph (i) is added to read as follows:
  (e)  The  conditional license or privileges described in this subdivi-
sion may be revoked by the commissioner, for sufficient cause including,
but not limited to, failure to  register  in  the  program,  failure  to
attend  or satisfactorily participate in the sessions, conviction of any
traffic infraction other than one involving parking, stopping or  stand-
ing or conviction of any alcohol or drug-related traffic offense, misde-
meanor  or  felony.   THE CONDITIONAL LICENSE OR PRIVILEGES DESCRIBED IN
THIS SUBDIVISION SHALL BE REVOKED BY THE  COMMISSIONER  WHEN  THERE  HAS
BEEN  A  FINDING  BY  A  COURT,  FILED  WITH  THE  DEPARTMENT  IN A FORM
PRESCRIBED BY THE COMMISSIONER, THAT THE ACCUSATORY INSTRUMENT  CONFORMS
TO  THE REQUIREMENTS OF SECTION 100.40 OF THE CRIMINAL PROCEDURE LAW AND
THERE EXISTS REASONABLE CAUSE TO BELIEVE THAT THE OPERATOR HAS COMMITTED
A VIOLATION OF SECTION FIVE HUNDRED ELEVEN  OF  THIS  CHAPTER  DURING  A
LICENSE  SUSPENSION  OR  REVOCATION PERIOD, HAS COMMITTED A VIOLATION OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, HAS OPERATED A  MOTOR
VEHICLE  WITHOUT  AN  IGNITION  INTERLOCK  DEVICE  WHEN ONE WAS REQUIRED
PURSUANT TO SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, OR  HAS
VIOLATED  ANY  CONDITION OF PROBATION OR CONDITIONAL DISCHARGE SET FORTH
BY THE COURT RELATING TO  THE  OPERATION  OF  A  MOTOR  VEHICLE  OR  THE
CONSUMPTION  OF  ALCOHOL. THE COURT'S FINDING MUST CONFORM TO THE PROCE-
DURES SET FORTH IN PARAGRAPH (C) OF SUBDIVISION THREE OF SECTION  ELEVEN
HUNDRED NINETY-EIGHT OF THIS ARTICLE DENYING A REQUEST FOR A CONDITIONAL
LICENSE.  A  REVOCATION  OF  THE  CONDITIONAL  LICENSE  PURSUANT TO THIS

S. 6636                            13

SECTION SHALL REINSTATE THE  UNDERLYING  ALCOHOL-RELATED  SUSPENSION  OR
REVOCATION  FROM WHICH THE CONDITIONAL LICENSE WAS DERIVED. In addition,
the commissioner shall have the right, after a hearing,  to  revoke  the
conditional license or privilege upon receiving notification or evidence
that  the  offender  is not attempting in good faith to accept rehabili-
tation. In the event of such revocation, the fee described  in  subdivi-
sion six of this section shall not be refunded.
  (f)  It  shall be a traffic infraction for the holder of a conditional
license or privilege to operate a motor vehicle upon  a  public  highway
for  any  use  other  than those authorized pursuant to paragraph (a) of
this subdivision, UNLESS  THE  OPERATION  RESULTS  IN  A  CHARGE  FOR  A
VIOLATION  OF  SECTION  FIVE  HUNDRED  ELEVEN  OF  THIS CHAPTER DURING A
LICENSE SUSPENSION OR REVOCATION PERIOD,  FOR  A  VIOLATION  OF  SECTION
ELEVEN  HUNDRED  NINETY-TWO OF THIS ARTICLE, OR FOR OPERATION OF A MOTOR
VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE WHEN ONE IS REQUIRED PURSU-
ANT TO SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE AND A  COURT,
PURSUANT  TO  PARAGRAPH  (E)  OF  THIS SUBDIVISION HAS ISSUED A FINDING,
FILED WITH THE DEPARTMENT IN A FORM PRESCRIBED BY THE COMMISSIONER, THAT
THE ACCUSATORY INSTRUMENT CONFORMS TO THE REQUIREMENTS OF SECTION 100.40
OF THE CRIMINAL PROCEDURE LAW  AND  THERE  EXISTS  REASONABLE  CAUSE  TO
BELIEVE  THAT  THE  OPERATOR  HAS  COMMITTED THE VIOLATION OR VIOLATIONS
CHARGED.  WHEN SUCH CHARGES ARE FILED AND SUCH A FINDING BY THE COURT IS
MADE, THE CONDITIONAL LICENSE SHALL BE  IMMEDIATELY  REVOKED.    When  a
[person]  HOLDER  OF  A CONDITIONAL LICENSE OR PRIVILEGE is convicted of
[this] THE offense OF OPERATING A MOTOR VEHICLE UPON  A  PUBLIC  HIGHWAY
FOR  ANY  USE  OTHER  THAN THOSE AUTHORIZED PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION, the sentence of the court must be a fine of  not  less
than two hundred dollars nor more than five hundred dollars or a term of
imprisonment  of not more than fifteen days or both such fine and impri-
sonment.  Additionally, the conditional license or privileges  described
in  this subdivision shall be revoked by the commissioner upon receiving
notification from the court that the holder thereof has  been  convicted
of this offense.
  (I)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE COMMISSIONER MAY
GRANT A POST-REVOCATION CONDITIONAL LICENSE TO A PERSON WHO IS OTHERWISE
INELIGIBLE TO RECEIVE A CONDITIONAL LICENSE WHEN THAT  PERSON  HAS  BEEN
CONVICTED  OF  A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE OR PARAGRAPH
(B) OF SUBDIVISION FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO  OF  THIS
ARTICLE  AND  WHO  HAS BEEN SENTENCED TO A PERIOD OF PROBATION, PROVIDED
THAT PROBATION CONSENTS TO THE ISSUANCE OF A POST-REVOCATION CONDITIONAL
LICENSE AND THE PERSON HAS SATISFIED THE MINIMUM PERIOD OF LICENSE REVO-
CATION ESTABLISHED BY LAW AND THE COMMISSIONER HAS  BEEN  NOTIFIED  THAT
SUCH PERSON MAY OPERATE ONLY A MOTOR VEHICLE EQUIPPED WITH A FUNCTIONING
IGNITION  INTERLOCK DEVICE. NO SUCH REQUEST SHALL BE MADE NOR SHALL SUCH
A LICENSE BE GRANTED, HOWEVER, IF SUCH PERSON HAS BEEN DEEMED BY A COURT
TO HAVE VIOLATED ANY CONDITION OF PROBATION OR CONDITIONAL DISCHARGE SET
FORTH BY THE COURT RELATING TO THE OPERATION OF A MOTOR VEHICLE  OR  THE
CONSUMPTION  OF  ALCOHOL  OR  IF  SUCH  PERSON  HAS  BEEN CHARGED WITH A
VIOLATION OF SECTION FIVE  HUNDRED  ELEVEN  OF  THIS  CHAPTER  DURING  A
LICENSE  SUSPENSION  OR  REVOCATION  PERIOD,  FOR A VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, HAS OPERATED A MOTOR  VEHICLE
WITHOUT  AN  IGNITION INTERLOCK DEVICE WHEN ONE WAS REQUIRED PURSUANT TO
SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE AND A COURT,  PURSU-
ANT  TO  PARAGRAPH  (E)  OF THIS SUBDIVISION HAS ISSUED A FINDING, FILED
WITH THE DEPARTMENT IN A FORM PRESCRIBED BY THE COMMISSIONER,  THAT  THE
ACCUSATORY  INSTRUMENT CONFORMS TO THE REQUIREMENTS OF SECTION 100.40 OF

S. 6636                            14

THE CRIMINAL PROCEDURE LAW AND THERE EXISTS REASONABLE CAUSE TO  BELIEVE
THAT THE OPERATOR HAS COMMITTED THE VIOLATION OR VIOLATIONS CHARGED.
  S 16. Subdivision 7 and paragraph (e) of subdivision 9 of section 1198
of  the vehicle and traffic law, subdivision 7 as amended by chapter 669
of the laws of 2007 and paragraph (e) of subdivision  9  as  amended  by
chapter 496 of the laws of 2009, are amended to read as follows:
  7.  [Use of other vehicles. (a) Any requirement of this article or the
penal law that a person operate a vehicle only if it is equipped with an
ignition interlock device shall apply to every motor vehicle operated by
that person including, but not limited to,  vehicles  that  are  leased,
rented or loaned.
  (b)  No person shall knowingly rent, lease, or lend a motor vehicle to
a person known to have had his or her driving  privilege  restricted  to
vehicles  equipped  with an ignition interlock device unless the vehicle
is so equipped. Any person whose  driving  privilege  is  so  restricted
shall  notify any other person who rents, leases, or loans a motor vehi-
cle to him or her of such driving restriction.
  (c) A violation of paragraph (a) or (b) of this subdivision shall be a
misdemeanor.]
  VIOLATIONS. (A) ANY FAILED TASK INCLUDING FAILING TO INSTALL A DEVICE,
FAILURE TO APPEAR FOR A SERVICE VISIT OR FAILURE TO COMPLY WITH  SERVICE
INSTRUCTIONS,  CIRCUMVENTIONS  OR  TAMPERINGS,  IN  ACCORDANCE  WITH THE
OFFICE OF PROBATION AND  CORRECTIONAL  ALTERNATIVES  (OPCA)  REGULATIONS
UNDER  9  NYCRR  358 SHALL CONSTITUTE A VIOLATION OF THE CONDITIONS OF A
PERSON'S SENTENCE  AND  MAY  ALSO  CONSTITUTE  A  SEPARATE  CRIME.  SUCH
VIOLATIONS   WILL   BE  ADJUDICATED  BY  THE  SENTENCING  COURT  IN  ITS
DISCRETION.
  (B) A FAILED TEST  INCLUDING  A  FAILED  START-UP  RE-TEST,  A  MISSED
START-UP  RE-TEST,  A  FAILED ROLLING RE-TEST, A MISSED ROLLING RE-TEST,
THE DEVICE ENTERING LOCKOUT MODE, AND ANY  TEST  OR  RE-TEST  WHERE  THE
OPERATOR REGISTERS .05 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN
SUCH  PERSON'S BLOOD SHALL CONSTITUTE A VIOLATION OF THE CONDITIONS OF A
PERSON'S SENTENCE IN ACCORDANCE WITH THE OPCA REGULATIONS UNDER 9  NYCRR
358  AND  ALSO  MAY CONSTITUTE A SEPARATE CRIME. SUCH VIOLATIONS WILL BE
ADJUDICATED BY THE SENTENCING COURT IN ITS DISCRETION.
  (C) A FAILED TRANSDERMAL ALCOHOL MONITORING REPORT SHALL CONSTITUTE  A
VIOLATION  OF  THE  OFFENDER'S  SENTENCE WHERE THE COURT HAS ORDERED THE
OFFENDER TO ABSTAIN FROM THE CONSUMPTION  OF  ALCOHOL  OR  RESTRICT  THE
CONSUMPTION  OF  ALCOHOL  TO  LEVELS BELOW A CERTAIN BLOOD ALCOHOL LEVEL
DESIGNATED BY THE COURT. ABSTINENCE REQUIRED BY A TREATMENT PROVIDER  AS
A  RESULT OF COURT-ORDERED TREATMENT SHALL BE CONSTRUED FOR THE PURPOSES
OF THIS SECTION AS COURT-ORDERED ABSTINENCE. AT THE  CONCLUSION  OF  THE
COURT-ORDERED  TRANSDERMAL  ALCOHOL  MONITORING  PERIOD, THE TRANSDERMAL
ALCOHOL REPORT OR A SUMMARY OF ITS CONTENTS SHALL BE  FORWARDED  TO  THE
DEPARTMENT BY THE MONITOR IN A FORM PRESCRIBED BY THE COMMISSIONER.
  (e)  NO PERSON SHALL KNOWINGLY RENT, LEASE, OR LEND A MOTOR VEHICLE TO
A PERSON KNOWN TO HAVE HAD HIS OR HER DRIVING  PRIVILEGE  RESTRICTED  TO
VEHICLES  EQUIPPED  WITH AN IGNITION INTERLOCK DEVICE UNLESS THE VEHICLE
IS SO EQUIPPED. ANY PERSON WHOSE  DRIVING  PRIVILEGE  IS  SO  RESTRICTED
SHALL  NOTIFY ANY OTHER PERSON WHO RENTS, LEASES, OR LOANS A MOTOR VEHI-
CLE TO HIM OR HER OF SUCH DRIVING RESTRICTION.
  (F) In addition to any other provisions of law, any  person  convicted
of  a  violation  of  paragraph  (a), (b), (c), [or] (d), OR (E) of this
subdivision shall be guilty of a Class A misdemeanor.

S. 6636                            15

  S 17. Subparagraph (i) of paragraph (a) of subdivision  3  of  section
511  of  the  vehicle  and traffic law, as amended by chapter 732 of the
laws of 2006, is amended to read as follows:
  (i)  commits the offense of aggravated unlicensed operation of a motor
vehicle in the second degree as provided in subparagraph (ii), (iii)  or
(iv) of paragraph (a) of subdivision two of this section OR HAS A CONDI-
TIONAL LICENSE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION SEVEN OF SECTION
ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER and is operating a motor vehi-
cle  while  under  the  influence  of  alcohol or a drug in violation of
subdivision one, two, two-a, three, four,  four-a  or  five  of  section
eleven hundred ninety-two of this chapter; or
  S  18.  This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the  amendments  to  subdivi-
sions  1,  2, 3 and 4 and paragraph (a) of subdivision 5 of section 1198
of the vehicle and traffic law made by section three of  this  act,  the
amendments  to  subdivision 8 of section 1198 of the vehicle and traffic
law made by section four of this act and the amendments to subdivision 7
and paragraph (e) of subdivision 9 of section 1198 of  the  vehicle  and
traffic  law  made  by  section sixteen of this act shall not affect the
repeal of such section and shall be deemed repealed therewith.

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