senate Bill S1941

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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  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 29 / Jan / 2013
    • 1ST REPORT CAL.22
  • 04 / Feb / 2013
    • 2ND REPORT CAL.
  • 05 / Feb / 2013
    • ADVANCED TO THIRD READING
  • 16 / Apr / 2013
    • PASSED SENATE
  • 16 / Apr / 2013
    • DELIVERED TO ASSEMBLY
  • 16 / Apr / 2013
    • 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

Versions:
S1941
Legislative Cycle:
2013-2014
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
Versions Introduced in 2011-2012 Legislative Cycle:
S6636

Sponsor Memo

BILL NUMBER:S1941

TITLE OF BILL: An act to amend the vehicle and traffic law, the execu-
tive 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/transderrnal 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 interlock devices); cleans up duplicative conditional
license provisions; provides that no conditional license shall be grant-
ed (or shall be revoked if granted) if a person is charged with driving
with a suspended/revoked license, a DUI or driving without and inter-
lock; sets forth on-record procedure for arraignments; sets forth on-re-
cord 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 6021 of the Penal Law
(authorized dispositions; living while intoxicated or aggravated driving
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 various 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 penal ties 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 incen-
tives, 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 inter-
lock 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 offender 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 mistaken':y fails to do so at sentencing;
fingerprinting for vehicle and traffic law misdemeanors to allow parole
and probation to be aware of subsequent DWIs, 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: 2012: Passed the Senate (S. 6636/A. 9544)

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
________________________________________________________________________

                                  1941

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. FUSCHILLO, DILAN, BONACIC, GOLDEN, LARKIN, LAVALLE,
  MAZIARZ, RANZENHOFER -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01426-02-3

S. 1941                             2

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 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

S. 1941                             3

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
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

S. 1941                             4

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
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

S. 1941                             5

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
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

S. 1941                             6

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
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.

S. 1941                             7

  (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
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

S. 1941                             8

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
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

S. 1941                             9

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
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

S. 1941                            10

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 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

S. 1941                            11

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:
  (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-

S. 1941                            12

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,
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

S. 1941                            13

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
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

S. 1941                            14

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
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  OFFENSE.  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 OFFENSE. 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

S. 1941                            15

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  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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