S T A T E O F N E W Y O R K
________________________________________________________________________
2703--A
2025-2026 Regular Sessions
I N A S S E M B L Y
January 22, 2025
___________
Introduced by M. of A. WOERNER, STERN, McMAHON, HEVESI, McDONALD, KAY,
SHIMSKY, KASSAY, ANGELINO, McDONOUGH, TAGUE, K. BROWN, DeSTEFANO,
CHANG, DAVILA -- read once and referred to the Committee on Transpor-
tation -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to ignition
interlock devices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (ii) of paragraph (b) of subdivision 1 of
section 1193 of the vehicle and traffic law, as amended by chapter 169
of the laws of 2013, is amended to read as follows:
(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 of section eleven hundred ninety-two
of this article to a term of probation or conditional discharge, as a
condition of which it shall order such person to install [and], maintain
AND REGULARLY USE, in accordance with the provisions of section eleven
hundred ninety-eight of this article, an ignition interlock device in
any motor vehicle owned or operated by such person 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 twelve months; provided, however, that such period
of interlock restriction shall terminate EARLIER upon SUCH PERSON'S
submission of proof that [such person] THEY installed [and], maintained
AND REGULARLY USED an ignition interlock device for at least six CONTIN-
UOUS months, unless the court SPECIFICALLY PROHIBITED SUCH EARLIER
TERMINATION AND ordered such person to install [and], maintain AND REGU-
LARLY USE an ignition interlock device for a longer period as authorized
by this subparagraph and specified in such order. The period of inter-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06230-08-5
A. 2703--A 2
lock restriction shall commence from the earlier of the date of sentenc-
ing, or the date that an ignition interlock device was installed in
advance of sentencing. Provided, however, the court may not authorize
the operation of a motor vehicle by any person whose license or privi-
lege to operate a motor vehicle has been revoked pursuant to the
provisions of this section.
§ 2. Subparagraph (iii) of paragraph (c) of subdivision 1 of section
1193 of the vehicle and traffic law, as amended by chapter 169 of the
laws of 2013, is amended to read as follows:
(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 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 to install [and], maintain
AND REGULARLY USE, in accordance with the provisions of section eleven
hundred ninety-eight of this article, an ignition interlock device in
any motor vehicle owned or operated by such person 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 twelve months; provided, however, that such period
of interlock restriction shall terminate EARLIER upon SUCH PERSON'S
submission of proof that [such person] THEY installed [and], maintained
AND REGULARLY USED an ignition interlock device for at least six CONTIN-
UOUS months, unless the court SPECIFICALLY PROHIBITED SUCH EARLIER
TERMINATION AND ordered such person to install [and], maintain [a] AND
REGULARLY USE AN ignition interlock device for a longer period as
authorized by this subparagraph and specified in such order. The period
of interlock restriction shall commence from the earlier of the date of
sentencing, or the date that an ignition interlock device was installed
in advance of sentencing. Provided, however, the court may not authorize
the operation of a motor vehicle by any person whose license or privi-
lege to operate a motor vehicle has been revoked pursuant to the
provisions of this section.
§ 3. Paragraph (c) of subdivision 1-a of section 1193 of the vehicle
and traffic law, as amended by chapter 669 of the laws of 2007, is
amended to read as follows:
(c) A court sentencing a person pursuant to paragraph (a) or (b) of
this subdivision shall: (i) order the installation, MAINTENANCE AND
REGULAR USE of an ignition interlock device approved pursuant to section
eleven hundred ninety-eight of this article in any motor vehicle owned
or operated by the person so sentenced. Such devices shall remain
installed, MAINTAINED AND REGULARLY USED during any period of license
revocation required to be imposed pursuant to paragraph (b) of subdivi-
sion two of this section, and, upon the termination of such revocation
period, for an additional period as determined by the court; and (ii)
order that such person receive an assessment of the degree of their
alcohol or substance abuse and dependency pursuant to the provisions of
section eleven hundred ninety-eight-a of this article. Where such
assessment indicates the need for treatment, such court is authorized to
impose treatment as a condition of such sentence except that such court
shall impose treatment as a condition of a sentence of probation or
conditional discharge pursuant to the provisions of subdivision three of
section eleven hundred ninety-eight-a of this article. Any person
ordered to install, MAINTAIN AND REGULARLY USE an ignition interlock
device pursuant to this paragraph shall be subject to the provisions of
A. 2703--A 3
subdivisions four, five, seven, eight and nine of section eleven hundred
ninety-eight of this article.
§ 4. Clauses d and e of subparagraph 7 of paragraph (e) of subdivision
2 of section 1193 of the vehicle and traffic law, as amended by chapter
251 of the laws of 2007, are amended to read as follows:
d. Notwithstanding any contrary provision of this chapter, if any
suspension occurring under this subparagraph has been in effect for a
period of thirty days, the holder may be issued a conditional license,
in accordance with section eleven hundred ninety-six of this article,
provided the holder of such license is otherwise eligible to receive
such conditional license. A conditional license issued pursuant to this
subparagraph shall not be valid for the operation of a commercial motor
vehicle, A TAXICAB AS DEFINED IN THIS CHAPTER, OR ANY OTHER MOTOR VEHI-
CLE USED FOR TRANSPORTING PASSENGERS FOR COMPENSATION. The commissioner
shall prescribe by regulation the procedures for the issuance of such
conditional license.
e. If the court finds that the suspension imposed pursuant to this
subparagraph will result in extreme hardship, the court must issue such
suspension, but may grant a hardship privilege, which shall be issued on
a form prescribed by the commissioner. For the purposes of this clause,
"extreme hardship" shall mean the inability to obtain alternative means
of travel to or from the licensee's employment, or to or from necessary
medical treatment for the licensee or a member of the licensee's house-
hold, or if the licensee is a matriculating student enrolled in an
accredited school, college or university travel to or from such
licensee's school, college or university if such travel is necessary for
the completion of the educational degree or certificate. The burden of
proving extreme hardship shall be on the licensee who may present mate-
rial and relevant evidence. A finding of extreme hardship may not be
based solely upon the testimony of the licensee. In no event shall
arraignment be adjourned or otherwise delayed more than three business
days solely for the purpose of allowing the licensee to present evidence
of extreme hardship. The court shall set forth upon the record, or
otherwise set forth in writing, the factual basis for such finding. The
hardship privilege shall permit the operation of a vehicle only for
travel to or from the licensee's employment, or to or from necessary
medical treatment for the licensee or a member of the licensee's house-
hold, or if the licensee is a matriculating student enrolled in an
accredited school, college or university travel to or from such
licensee's school, college or university if such travel is necessary for
the completion of the educational degree or certificate. A hardship
privilege shall not be valid for the operation of a commercial motor
vehicle, A TAXICAB AS DEFINED IN THIS CHAPTER, OR ANY OTHER MOTOR VEHI-
CLE USED FOR TRANSPORTING PASSENGERS FOR COMPENSATION.
§ 5. Paragraph (g) of subdivision 7 of section 1196 of the vehicle and
traffic law, as amended by section 38 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
(g) Notwithstanding anything to the contrary contained in a certif-
icate of relief from disabilities or a certificate of good conduct
issued pursuant to article twenty-three of the correction law, any
conditional license or privilege issued to a person convicted of a
violation of any subdivision of section eleven hundred ninety-two of
this article shall not be valid for the operation of any commercial
motor vehicle. In addition, no such conditional license or privilege
shall be valid for the operation of a taxicab as defined in this chapter
A. 2703--A 4
OR ANY OTHER MOTOR VEHICLE USED FOR TRANSPORTING PASSENGERS FOR COMPEN-
SATION.
§ 6. Subdivision 1 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:
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 to install, MAINTAIN
and [operate] REGULARLY USE an ignition interlock device in any vehicle
which [he or she] THEY [owns] OWN or [operates] OPERATE.
§ 7. Paragraphs (a) and (b) of subdivision 2 of section 1198 of the
vehicle and traffic law, as amended by chapter 496 of the laws of 2009,
are amended and a new paragraph (d) is added to read as follows:
(a) In addition to any other penalties prescribed by law, the court
shall require that any person who has been convicted of a violation of
subdivision two, two-a or three 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 install
[and], maintain AND REGULARLY USE, as a condition of probation or condi-
tional discharge, a functioning ignition interlock 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 operation 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 AND REGULAR USE 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 AND REGULAR USE
of a functioning ignition interlock device, and such person shall there-
after be subject to the provisions of this section.
(D) THE COURT SHALL REQUIRE THAT ANY PERSON WHO HAS BEEN CONVICTED OF
A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE 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, AND WHOSE LICENSE HAS BEEN SUSPENDED SHALL NOT HAVE SUCH
LICENSE RE-INSTATED UNLESS THE PERSON PROVIDES PROOF OF COMPLIANCE WITH
THIS SECTION TO THE COMMISSIONER, INCLUDING AT LEAST SIX CONTINUOUS
MONTHS OR SUCH LENGTHIER PERIOD OF TIME AS OTHERWISE SPECIFICALLY
ORDERED BY THE COURT, OF INSTALLATION, MAINTENANCE AND REGULAR USE OF A
FUNCTIONING IGNITION INTERLOCK DEVICE IN A VEHICLE OWNED OR OPERATED BY
SUCH PERSON.
§ 8. Paragraphs (a) and (d) of subdivision 3 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:
(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
A. 2703--A 5
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. 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 violation of
section five hundred eleven of this chapter during the license revoca-
tion period 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 alcohol. In exer-
cising discretion relating to the issuance of a post-revocation condi-
tional license pursuant to this subdivision, the commissioner 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. Upon the termination of the period of
probation or conditional discharge set by the court, the person may
apply to the commissioner for restoration of a license or privilege to
operate a motor vehicle in accordance with this chapter, PROVIDED THAT
THE COMMISSIONER SHALL NOT RESTORE SUCH PERSON'S LICENSE WITHOUT CONDI-
TIONS UNLESS THE PERSON PROVIDES PROOF TO THE COMMISSIONER OF AT LEAST
SIX CONTINUOUS MONTHS, OR SUCH LENGTHIER PERIOD OF TIME AS OTHERWISE
SPECIFICALLY ORDERED BY THE COURT, OF INSTALLATION, MAINTENANCE AND
REGULAR USE OF A FUNCTIONING IGNITION INTERLOCK DEVICE IN A VEHICLE
OWNED OR OPERATED BY SUCH PERSON.
(d) Nothing contained herein shall prohibit the court from requiring,
as a condition of probation or conditional discharge, the installation,
MAINTENANCE, AND REGULAR USE of a functioning ignition interlock device
in any vehicle owned or operated 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, determines 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.
§ 9. Paragraphs (a) and (b) of subdivision 4 of section 1198 of the
vehicle and traffic law, paragraph (a) as amended by chapter 169 of the
laws of 2013 and paragraph (b) as amended by chapter 496 of the laws of
2009, are amended to read as follows:
(a) Following imposition by the court of the INSTALLATION, MAINTENANCE
AND REGULAR 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 or conditional discharge supervision. If the person fails to
provide for such proof of installation, MAINTENANCE AND REGULAR USE FOR
AT LEAST SIX CONTINUOUS MONTHS, OR SUCH LENGTHIER PERIOD OF TIME AS
OTHERWISE ORDERED BY THE COURT, 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 AND SHALL EXTEND ANY PERIOD
OF LICENSE SUSPENSION OR REVOCATION UNTIL SUCH TIME AS THE PERSON
PROVIDES PROOF OF COMPLIANCE TO THE COURT. Good cause [may] SHALL
include a finding that the person is not the owner of a motor vehicle if
A. 2703--A 6
such person asserts under oath that such person is not the owner of any
motor vehicle, DID NOT OWN A MOTOR VEHICLE AT THE TIME OF ARREST FOR THE
SUBJECT VIOLATION, DOES NOT RESIDE WITH A SPOUSE WHO OWNS A VEHICLE SUCH
PERSON DRIVES AT LEAST OCCASIONALLY, IS NOT AN ADJUDICATED YOUTHFUL
OFFENDER WHO RESIDES WITH A PARENT OR LEGAL GUARDIAN WHO OWNS A VEHICLE
SUCH OFFENDER DRIVES AT LEAST OCCASIONALLY, and that [he or she] THEY
will not operate any motor vehicle during the period of interlock
restriction except as may be otherwise authorized pursuant to law.
"Owner" shall have the same meaning as provided in section one hundred
twenty-eight of this chapter.
(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. THE COMMISSIONER SHALL NOT SUBSEQUENTLY REMOVE SUCH CONDITIONS
FROM THE OPERATING RECORD OF THE PERSON SUBJECT TO SUCH CONDITIONS
UNLESS THE PERSON PROVIDES PROOF OF COMPLIANCE WITH THIS SECTION TO THE
COMMISSIONER, INCLUDING AT LEAST SIX CONTINUOUS MONTHS, OR SUCH LENGTHI-
ER PERIOD OF TIME AS OTHERWISE SPECIFICALLY ORDERED BY THE COURT, OF
INSTALLATION, MAINTENANCE AND REGULAR USE OF A FUNCTIONING IGNITION
INTERLOCK DEVICE IN A VEHICLE OWNED OR OPERATED BY SUCH PERSON.
§ 10. Subdivision 5 of section 1198 of the vehicle and traffic law is
amended by adding a new paragraph (c) to read as follows:
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ONCE A
COURT-ORDERED IGNITION INTERLOCK DEVICE IS INSTALLED, A PERSON MAY START
THEIR CAR WHILE IT IS PARKED DURING A PERIOD OF LICENSE SUSPENSION OR
REVOCATION IN ORDER TO PRESERVE THE BATTERY LIFE OF THE VEHICLE WITHOUT
INCURRING ANY PENALTY OR FINE OR OTHERWISE VIOLATING THE TERMS OF THEIR
SUSPENSION OR REVOCATION.
§ 11. Section 1198 of the vehicle and traffic law is amended by adding
a new subdivision 11 to read as follows:
11. CONTINUOUS USE STANDARDS. THE COMMISSIONER SHALL ESTABLISH GUIDE-
LINES, RULES OR REGULATIONS SETTING FORTH THE MINIMUM STANDARDS A PERSON
SHALL MEET TO ESTABLISH PROOF OF COMPLIANCE WITH THE CONTINUOUS AND
REGULAR USE REQUIREMENTS OF THIS SECTION.
§ 12. This act shall take effect on the ninetieth day after it shall
have become a law, provided, however, that the amendments to section
1198 of the vehicle and traffic law made by sections six, seven, eight,
nine, ten and eleven of this act shall not affect the expiration and
repeal of such section and shall be deemed repealed therewith. Effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.