NY State Senate Bill 2013-S5216

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2013	referred to transportation
May 29, 2013	delivered to assembly passed senate
May 23, 2013	advanced to third reading
May 22, 2013	2nd report cal.
May 21, 2013	1st report cal.690
May 14, 2013	referred to transportation

Votes

- May 29, 2013 - Floor Vote
  S5216
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 29, 2013
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (2)
      
      Diaz
      
      Ritchie
  May 21, 2013 - Transportation Committee Vote
  S5216
  
  16
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 21, 2013
      
      aye (16)
      
      Carlucci
      
      Diaz
      
      Dilan
      
      Fuschillo
      
      Gallivan
      
      Kennedy
      
      Larkin
      
      Maziarz
      
      Nozzolio
      
      O'Mara
      
      Perkins
      
      Robach
      
      Squadron
      
      Stavisky
      
      Young
      
      Zeldin
      
      aye wr (2)
      
      Gipson
      
      Ranzenhofer

2013-S5216 (ACTIVE) - Details

See Assembly Version of this Bill:: A7927
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§510 & 1193, V & T L

2013-S5216 (ACTIVE) - Summary

Relates to the restoration of a driver's license in certain cases.

2013-S5216 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5216

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the restoration of a driver's license in certain cases

PURPOSE OF THE BILL: To clarify and mandate that, when a person has
been convicted of an alcohol/drug-related driving offense resulting in
a license suspension or revocation, such person's driver's license may
not be restored by the Department of Motor Vehicles unless and until
all conditions of the sentence upon conviction have been completed.

SUMMARY OF SPECIFIC PROVISIONS: This bill amends § 510 (license
suspensions and revocations generally) and § 1193 (criminal and
administrative penalties for alcohol-related offenses)of the Vehicle
and Traffic Law (VTL), by adding mirror provisions that require that
no license or privilege to operate a motor vehicle, which has been
suspended or revoked for the commission of an alcohol/drug-related
driving offense, may be restored unless the offender has demonstrated
that he or she has complied with and completed all statutory
requirements imposed under Article 31 of the VTL or by the court.

The Commissioner of Motor Vehicles, in consultation with the Office of
Court Administration, will promulgate any necessary rules and develop
any necessary forms to carry out the relicensing process.

JUSTIFICATION:  Over the years, the Legislature has enacted several

important provisions aimed at those who commit alcohol/drug-related
driving. These provisions are directed at the full range of offenders
(from the first offender through the habitual offender), and include
such things as attendance at and completion of the drinking-driver
program (§ 1196), installation and use of the ignition interlock
device (§ 1198), and alcohol or drug assessment and treatment (
1198-a). Additionally, the sentencing court will impose the mandatory
fines and surcharges as well as certain discretionary conditions, such
as participation in a Victim's Impact Panel, the payment of
restitution, and/or community service.

As the number and scope of these requirements and conditions have
grown, it has become increasingly difficult for the Department of
Motor Vehicles to determine whether an applicant for relicensing has
fulfilled his or her obligations imposed as part of the sentence upon
conviction.  There are numerous examples of offenders who are
relicensed before they have completed their conditions of sentence,
making a mockery of the statutory and judicial authorities surrounding
the sentence.

This measure would authorize the Commissioner of Motor Vehicles to
establish the means by which offenders must demonstrate that they have
completed all of the conditions of sentence imposed by law before a
license can be restored.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: Minimal to none. Once the methodology for
demonstrating compliance is established, the burden will be on the
offenders to meet those terms.


EFFECTIVE DATE: November 1, provided the promulgation of rules to
effectuate this statute could commence immediately upon the bill
becoming law.

2013-S5216 (ACTIVE) - Bill Text download pdf

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

                                  5216

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced by Sen. FUSCHILLO -- 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, in relation to the restora-
  tion of a driver's license in certain cases

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

  Section 1. Section 510 of the vehicle and traffic law  is  amended  by
adding a new subdivision 7-a to read as follows:
  7-A.   LICENSE   RESTORATION.  (A)  NOTWITHSTANDING  ANY  INCONSISTENT
PROVISION OF THIS CHAPTER,  WHEN  A  PERSON  HAS  BEEN  CONVICTED  OF  A
VIOLATION  OF  ANY  SUBDIVISION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THIS CHAPTER OR HAS BEEN ADJUDICATED A YOUTHFUL OFFENDER PURSUANT  TO  A
VIOLATION  OF  ANY  SUBDIVISION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THIS CHAPTER, OR HAS BEEN FOUND TO HAVE OPERATED A MOTOR  VEHICLE  AFTER
HAVING   CONSUMED   ALCOHOL  IN  VIOLATION  OF  SECTION  ELEVEN  HUNDRED
NINETY-TWO-A OF THIS CHAPTER, AND AS A RESULT IS SUBJECT TO A REVOCATION
OR SUSPENSION OF A LICENSE OR PRIVILEGE TO OPERATE A  MOTOR  VEHICLE  IN
THIS   STATE   PURSUANT  TO  THIS  SECTION  OR  SECTION  ELEVEN  HUNDRED
NINETY-THREE OF THIS CHAPTER, THE COMMISSIONER SHALL  NOT  RESTORE  SUCH
LICENSE  OR  PRIVILEGE  UNLESS  SUCH  PERSON  HAS DEMONSTRATED, ON FORMS
PRESCRIBED BY THE COMMISSIONER, THAT HE OR SHE HAS COMPLETELY  SATISFIED
ALL   OF   THE  APPLICABLE  REQUIREMENTS  IMPOSED  PURSUANT  TO  ARTICLE
THIRTY-ONE OF THIS CHAPTER AND ANY OTHER APPLICABLE  PROVISION  OF  THIS
CHAPTER,  AND HAS COMPLIED IN FULL WITH ANY OTHER CONDITIONS OF SENTENC-
ING IMPOSED BY THE COURT, INCLUDING, BUT NOT LIMITED TO, THE PAYMENT  IN
FULL OF ALL FINES AND MANDATORY SURCHARGES.
  (B)  THE COMMISSIONER, IN CONSULTATION WITH THE OFFICE OF COURT ADMIN-
ISTRATION, SHALL PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS  OF
THIS  SUBDIVISION AND PARAGRAPH (G) OF SUBDIVISION TWO OF SECTION ELEVEN
HUNDRED NINETY-THREE OF THIS CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10974-01-3

S. 5216                             2

  S 2. Subdivision 2 of section 1193 of the vehicle and traffic  law  is
amended by adding a new paragraph (g) to read as follows:
  (G)   LICENSE   RESTORATION.   (1)  NOTWITHSTANDING  ANY  INCONSISTENT
PROVISION OF THIS CHAPTER,  WHEN  A  PERSON  HAS  BEEN  CONVICTED  OF  A
VIOLATION  OF  ANY  SUBDIVISION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THIS CHAPTER OR HAS BEEN ADJUDICATED A YOUTHFUL OFFENDER PURSUANT  TO  A
VIOLATION  OF  ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO-A OF
THIS CHAPTER, OR HAS BEEN FOUND TO HAVE OPERATED A MOTOR  VEHICLE  AFTER
HAVING   CONSUMED   ALCOHOL  IN  VIOLATION  OF  SECTION  ELEVEN  HUNDRED
NINETY-TWO-A OF THIS CHAPTER, AND AS A RESULT IS SUBJECT TO A REVOCATION
OR SUSPENSION OF A LICENSE OR PRIVILEGE TO OPERATE A  MOTOR  VEHICLE  IN
THIS  STATE PURSUANT TO THIS SECTION OR SECTION FIVE HUNDRED TEN OF THIS
CHAPTER, THE COMMISSIONER SHALL NOT RESTORE SUCH  LICENSE  OR  PRIVILEGE
UNLESS  SUCH PERSON HAS DEMONSTRATED, ON FORMS PRESCRIBED BY THE COMMIS-
SIONER, THAT HE OR SHE HAS COMPLETELY SATISFIED ALL  OF  THE  APPLICABLE
REQUIREMENTS  IMPOSED PURSUANT TO ARTICLE THIRTY-ONE OF THIS CHAPTER AND
ANY OTHER APPLICABLE PROVISION OF THIS CHAPTER, AND HAS COMPLIED IN FULL
WITH ANY OTHER CONDITIONS OF SENTENCING IMPOSED BY THE COURT, INCLUDING,
BUT NOT LIMITED TO, THE PAYMENT IN  FULL  OF  ALL  FINES  AND  MANDATORY
SURCHARGES.
  (2)  THE COMMISSIONER, IN CONSULTATION WITH THE OFFICE OF COURT ADMIN-
ISTRATION, SHALL PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS  OF
THIS  SUBDIVISION AND SUBDIVISION SEVEN-A OF SECTION FIVE HUNDRED TEN OF
THIS CHAPTER.
  S 3. This act shall take effect immediately.

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Senate Bill S5216

Sponsored By

Archive: Last Bill Status - In Assembly Committee

May 29, 2013 - Floor Vote

Floor Vote: May 29, 2013

May 21, 2013 - Transportation Committee Vote

Transportation Committee Vote: May 21, 2013

2013-S5216 (ACTIVE) - Details

2013-S5216 (ACTIVE) - Summary

2013-S5216 (ACTIVE) - Sponsor Memo

2013-S5216 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5216

Share this bill

Sponsored By

Charles J. Fuschillo Jr.

Archive: Last Bill Status - In Assembly Committee

2013-S5216 (ACTIVE) - Details

2013-S5216 (ACTIVE) - Summary

2013-S5216 (ACTIVE) - Sponsor Memo

2013-S5216 (ACTIVE) - Bill Text download pdf

Comments