Assembly Bill A11660

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

                                  11660

                          I N  A S S E M B L Y

                              July 6, 2010
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Weisenberg)
  -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  sanctions
  for driving while ability impaired while holding a conditional license

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

  Section 1. 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] THE DEPARTMENT MAY,
WITH THE CONSENT OF THE COURT, ISSUE a conditional license,  in  accord-
ance  with  section  eleven hundred ninety-six of this article, provided
the holder of such license is otherwise eligible to receive such  condi-
tional  license.  A conditional license issued pursuant to this subpara-
graph shall not be valid for the operation of a commercial  motor  vehi-
cle.  The  commissioner shall prescribe by regulation the procedures for
the issuance of such conditional license.
  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, IN CONJUNCTION WITH  THE
INSTALLATION OF AN IGNITION INTERLOCK DEVICE, 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

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

                                                           LBD11130-04-0

A. 11660                            2

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  PRE-CONVICTION IGNITION INTERLOCK DEVICE INSTALLED PURSUANT
TO THIS CLAUSE SHALL BE INSTALLED AND MAINTAINED IN THE SAME  MANNER  AS
PRESCRIBED IN THIS ARTICLE.
  S  2. This act shall take effect one year after it shall have become a
law; provided, however, that the  amendments  to  clauses  d  and  e  of
subparagraph  7 of paragraph (e) of subdivision 2 of section 1193 of the
vehicle and traffic law made by section one of this act shall not affect
the repeal of such subparagraph and shall be deemed repealed therewith.