senate Bill S27B

2009-2010 Legislative Session

Creates the mandatory ignition interlock program; repealer

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to transportation
returned to senate
died in assembly
Sep 11, 2009 referred to transportation
Sep 10, 2009 delivered to assembly
passed senate
ordered to third reading cal.961
committee discharged and committed to rules
May 05, 2009 reported and committed to codes
Apr 20, 2009 print number 27b
amend and recommit to transportation
Mar 20, 2009 print number 27a
amend (t) and recommit to transportation
Mar 18, 2009 committee discharged and committed to transportation
Jan 07, 2009 referred to finance

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S27 - Bill Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Rpld & add §1198, V & T L; add §99-q, St Fin L

S27 - Bill Texts

view summary

Creates the mandatory ignition interlock program and the ignition interlock fund; requires installation of ignition interlock device for all persons convicted of driving while intoxicated.

view sponsor memo
BILL NUMBER: S27

TITLE OF BILL :
An act to amend the vehicle and traffic law and the state finance law,
in relation to the creation of the ignition interlock and mandatory
probation pilot program for all persons convicted of driving while
intoxicated; making an appropriation therefor; and providing for the
repeal of such provisions upon expiration thereof


PURPOSE :
Creates a Mandatory Ignition Interlock and Probation Pilot Program in
seven counties for all those who are convicted of Driving While
Intoxicated.

SUMMARY OF PROVISIONS :
Section 1. The Vehicle and Traffic Law is amended by adding a new
article 21-D

-Section 555 of Article 21-D is the legislative intent

-Section 556 of Article 21-D creates Mandatory Ignition Interlock and
Probation Pilot Program for all those convicted of Driving While
Intoxicated, in seven counties (Albany, Erie, Nassau, Onondaga,
Monroe, Westchester and Suffolk). This bill does not prevent any other
county, not specifically designated, from implementing their own
program.

*Sub.2 (a) Requires those that have been convicted of violating
section 1192-2, 2-A, or 3 to be placed on mandatory probation and that
they install, at their own cost, an ignition interlock device in all
vehicles which they use.

*Sub. 2 (b) Explicitly states that this law does not apply to 1192-1
(Driving While Ability Impaired.)

*Sub. 2 (c) Sets periods of probation depending on the number of
offenses. First offense would result in a minimum one year probation
with ignition interlock. Second offense would result in a minimum of
five years probation and interlock. A third offense would result in
life probation and interlock.

*Sub. 3 (a) Sets conditions by which the Commissioner of the
Department of Motor Vehicle can authorize post revocation conditional
licenses.

*Sub. 3 (b) Sets conditions in which a post revocation conditional
license may be used.

*Sub.3 (c) Provides for circumstances in which the commissioner may
revoke a post revocation conditional license.

*Sub.3 (d) Allows the court to apply any other conditions of probation
allowed by law not specifically stated in this section.

*Sub. 3 (e) Directs the Commissioner of DMV to note, on the operator's
record, the restricted driving conditions under which they may operate
a motor vehicle.

*Sub. 4 (a) Provides that the court will require proof of compliance
by the person required to install an ignition interlock device.

*Sub. 4 (b) Provides that the Court shall notify the Commissioner of
DMV.


*Sub. 5 Requires that the cost of the ignition interlock be borne by
the person subject to the condition in addition to any fines
applicable.

*Sub. 5 (b) Requires the installation service provider to be
responsible for the function of the device.

*Sub. 5 (c) Provides a repayment mechanism for those who can not
afford an ignition interlock device and relieves probation departments
from that duty if the service provider offers a repayment plan.

*Sub. 6 (a) Requires the Commissioner of DMV to approve devices for
use and publish information regarding the same.

*Sub. 6 (b) Requires the Commissioner of DMV to promulgate rules and
regulations, in consultation with manufacturers, the National Highway
Safety Administration, the Commissioner of Health and Director of the
Division of Probation and Correction Alternatives.

*Sub. 6 (b) 1 - 8 Specifies features that each device must have.

*Sub. 7 (a) Provides that this section applies to all vehicles
operated by a person subject to this law to include: owned, leased,
rented or loaned.

*Sub. 7 (b) Prohibits a person from knowingly renting, leasing, or
lending a motor vehicle to someone subject to the provision of this
condition.

*Sub. 7 (c) Provides that violation of Sub. 7 (b) is a misdemeanor.

*Sub. (8) Exempts employer vehicles from the provisions of section 231
of the executive law.

*Sub. 9 (a) Provides that no person shall request, solicit or allow
another to blow into the ignition interlock device for them.

*Sub. 9 (b) Provides that no person shall blow into an ignition
interlock system to start a vehicle for a person subject to this law.

*Sub. 9 (c) Provides that no person shall tamper with the device.

*Sub. 9 (d) Provides that any person convicted of Sub. 9 (a - c) shall
be guilty of a misdemeanor and must pay a five thousand dollar fine.

*Sub. 10 Provides for a warning to be placed on the ignition interlock
device regarding Sub. 9 (a - d).

Section 2. Amends the State Finance Law adding new section 99-q,
creating the Ignition Interlock Fund for the purpose of continued and
future funding of the program.

-Sub. 1 Provides that the Fund shall be operated by NYS Division of
Probation and Correction Alternatives.

-Sub. 2 Provides for an addition fee of $25.00 to be assessed against
anyone convicted of an alcohol or drug related infraction.

-Sub. 3 Provides that courts shall forward fees to the fund on a
as-need basis.

-Sub. 3 (a-c) Sets forth parameters regarding the use of moneys from
the Fund.

Section 3. Sub 1. Directs the NYS Division of Probation and Correction
Alternative to create, amend and/or repeal any and all rules or
regulations for the purpose of implementing this act on or before the
effective date.

*Sub. 1 (a) Directs the Division to set rules and regulations for the
management, operation and investment of the Fund

*Sub. 1 (b) Directs the Division to set rules and regulations to
establish the grant process.

*Sub. 1 (c) Directs the Division to set rules and regulations for the
efficient operation of this act.

-Sub. 2 Provides that the Division will audit county Mandatory
Ignition Interlock and Probation Pilot Programs on a biannual rotating
basis and compile an annual report detailing the progress of the
programs which will be submitted to the legislature, governor,
attorney general and comptroller.

Section 4. Provides for the sum of $14,000,000.00 to fund the
mandatory ignition interlock and probation pilot program and specifies
that each of the seven counties mention herein shall receive equal
shares in the amount of $2,000,000.00 each.

Section 5. Severability Clause.

Section 6. Effective and expiration dates.

EXISTING LAW :
Current law allows all counties within the state to operate ignition
interlock programs. Those convicted of Aggravated DWI (.18 BAC and
over), who are sentenced to probation must install and maintain
ignition interlock devices.

JUSTIFICATION :
More than 20 years ago the State of New York embarked on an ambitious
pilot program to introduce the new technology of ignition interlock
devices for the purpose of keeping repeat drunk drivers off of our
streets. Since then the law has evolved, been improved and as of 2007,
made prominent. While overall rates of Driving While Intoxicated have
decrease in the last 20 to 30 years, the last decade has seen a
stagnation in continue reductions.

According to a number of statistical surveys to include the National
Highway Safety Board, the New York State Police, Stop-DWI New York and
the New York District Attorney's Association the frequency of high
blood alcohol content (BAC) arrests has increased in recent years.
This precipitated the 2006 passage of Aggravated Driving While
Intoxicated (.18 BAC and over) and the passage in 2007 of Aggravated
Vehicular Homicide/ Assault.

However, these same statistics indicate that along with an increase in
high BAC arrests there has been a corresponding increase in recidivism
amongst this group. While the current law does provide for ignition
interlock for anyone convicted of Aggravated Driving While Intoxicated
so long as they have been given probation as a term of their
sentencing it does not cover all possible offenders and leaves a
population of probable re-offenders unobserved.

In 2008, a study of New Mexico's ignition interlock program by the
National Highway Safety Transportation and the Pacific Institute of
Research and Analysis found a reduction in recidivism of over sixty
percent. New Mexico mandates participation in an ignition interlock
program by everyone convicted of Driving While Intoxicated.

This law would provide Judges, prosecutors, law enforce, parole and
correction alternatives with additional tools to deter and monitor a
potentially dangerous population by providing for mandatory ignition
interlock and probation for everyone convicted of Driving While
Intoxicated. This law would generally not apply to all first time
offenders who have low BACs or who have not committed property or
physical damage. Generally, Courts and prosecutors plea bargain first
time offenders down to the lessor offense of Driving While Ability
Impaired so long as the BAC of that individual was sufficiently low
(at least under .18) and no damage was done. This law would not apply
to them. However, if an individual where to have a high BAC as
determined by a court and/or prosecutor and property or physical
damage did occur, resulting in a DWI conviction, then the court MUST
order probation and interlock in the counties mentioned in this pilot
program.

The belief is that there will be a corresponding overall reducing in
Driving While Intoxicated sufficient to support a statewide program.
To this end this legislation also provides for a funding mechanism
which would charge any person convicted of a drug or alcohol related
offense a $25.00 surcharge which would be dedicated to a Fund. The
Ignition Interlock Fund will be maintained by the Division of
Probation and Correction Alternative and shall provide for continued
and future support to include updating of equipment and hiring of more
probationary staff. While it is not certain that all drug and alcohol
related offense are precursors to the crime of Driving While
Intoxicated, the idea is to, at a critical life juncture, make people
aware of the path they may be continuing down if that type of behavior
continues.

LEGISLATIVE HISTORY :
2008: Passed the Senate (S.8036/A.10846)

FISCAL IMPLICATIONS :
$14,000,000.00 initial start-up cost, $2,000,000.00 to be given to
each county mentioned herein. $25.00 fee to be added to surcharge for
any person convicted of an alcohol or drug related offense to be paid
into a state fund for the continued operation of the program and
future upgrades. According to NYS DCJS 2006 study (2007 study not
complete), there were 100,279 drug and alcohol related convictions in
the state. Using this number the Fund should yield $2,506,975.00 per
year in revenues which will be redistributed as grants to the counties
mentioned herein under rules and regulations created by the NYS
Division of Parole and Correction Alternatives.

LOCAL FISCAL IMPLICATIONS :
Not determined.

EFFECTIVE DATE :
This bill shall take effect April 1 2010. All departments and
divisions of the state mentioned herein are hereby authorized and
directed to create, amend and/or repeal any and all rules or
regulation necessary for the implementation of this act on or before
the effective date.
view full text
The Bill text is not available.

S27A - Bill Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Rpld & add §1198, V & T L; add §99-q, St Fin L

S27A - Bill Texts

view summary

Creates the mandatory ignition interlock program and the ignition interlock fund; requires installation of ignition interlock device for all persons convicted of driving while intoxicated.

view sponsor memo
BILL NUMBER: S27A

TITLE OF BILL :
An act to amend the vehicle and traffic law and the state finance law,
in relation to the creation of the mandatory ignition interlock
program for all persons convicted of driving while intoxicated; and to
repeal section 1198 of the vehicle and traffic law relating thereto


PURPOSE :
Creates a Mandatory Ignition Interlock Program for all persons
convicted of Driving While Intoxicated.

SUMMARY OF PROVISIONS :
Section 1. Legislative intent

Section 2. Section 1198 of the vehicle and traffic law is repealed and
a new section 1198 is added To establish a mandatory ignition
interlock program for all driving while intoxicated offenders.

*Sub. 2(a) Requires those that have been convicted of violating
section 1192-2, 2-A, 3, 4a (where alcohol is involved), 5 or 6 to
install, at their own cost, an ignition interlock device in all
vehicles which they use.

*Sub. 2(b) Explicitly states that this law does not apply to 1192-1
(Driving While Ability Impaired.)

*Sub. 2(c) allows for additional sentencing or the application of any
other fines, penalties, programs, conditions of probation or
conditional discharge or other sanctions.

*Sub. 2(d) mandates that an offender who declines to obtain a license
must obtain a motorist's identification card from the DMV.

*Sub. 2(e) Sets periods of probation depending on the number of
offenses. First offense would result in a minimum one year probation
with ignition interlock. Second offense would result in a minimum of
three years probation and interlock. A third offense would result in a
minimum of five years probation and interlock. A fourth offense would
result in a minimum of ten years probation and interlock.

*Sub. 3(a) Sets conditions by which the Commissioner of the Department
of Motor Vehicle can authorize post revocation conditional licenses.

*Sub. 3(b) allows for an application of license after the termination
of the period of required ignition interlock has been fulfilled.

*Sub. 3(c) Sets conditions in which a post revocation conditional
license may be used.

*Sub.3 (d) Provides for circumstances in which the commissioner may
revoke a post revocation conditional license.

*Sub. 4(a) Provides that the court will require proof of compliance by
the person required to install an ignition interlock device.

*Sub. 4(b) Provides that the Court shall notify the Commissioner of
DMV.

*Sub. 5(a) Requires that the cost of the ignition interlock be borne
by the person subject to the condition in addition to any fines
applicable.

*Sub. 5(b) Requires the installation service provider and subject of
condition to be responsible for the function of the device.
*Sub. 5(c) Provides a repayment mechanism for those who can not afford
an ignition interlock device and relieves probation departments from
that duty if the service provider offers a repayment plan.

*Sub. 6 provides for the Commissioner of Health to approve ignition
interlock devices and to publish a list of approved devices.

*Sub. 7(a) Provides that this section applies to all vehicles operated
by a person subject to this law to include: owned, leased, rented or
loaned.

* Sub. 7(b) Prohibits a person from knowingly renting, leasing, or
lending a motor vehicle to someone subject to the provision of this
condition.

*Sub. 7(c) Provides that violation of Sub. 7 (a) is a misdemeanor.

*Sub. 7(d) Provides that violation of Sub. 7 (b) is a misdemeanor.

*Sub. 8(a) Provides that no person shall request, solicit or allow
another to blow into the ignition interlock device for them.

*Sub. 8(b) Provides that no person shall blow into an ignition
interlock system to start a vehicle for a person subject to this law.

*Sub. 8(c) Provides that no person shall tamper with the device.

*Sub. 8(d) Provides that any person convicted of Sub. 9 (a - c) shall
be guilty of a misdemeanor and must pay a fine of not less than a
thousand dollars.

*Sub. 8(e) Provides that a person arrested for a violation of Sub.
8(a) or (b) shall immediately loose their license for a period of one
year.

*Sub. 9 Allows for the commissioner of the Department of Motor
Vehicles to revoke a license for sufficient cause.

*Sub. 10 Provides for the department of health to design a warning
label to be placed on the ignition interlock device regarding
tampering with the device.

Section 3. Amends the State Finance Law adding new section 99-q,
creating the Mandatory Ignition Interlock Fund for the purpose of
continued and future funding of the program.

-Sub. 1 Provides that the Fund shall be operated by NYS Division of
Probation and Correction Alternatives.

-Sub. 2 Provides for an addition fee of $50.00 to be assessed against
anyone convicted of an alcohol or drug related infraction.

-Sub. 3 Provides that courts shall forward fees to the fund on a
as-need basis.

-Sub. 3 (a-d) Sets forth parameters regarding the use of moneys from
the Fund.

Section 4. Sub 1. Directs the NYS Division of Probation and Correction
Alternative to create, amend and/or repeal any and all rules or
regulations for the purpose of implementing this act on or before the
effective date.

*Sub. 1(a) Directs the Division to set rules and regulations for the
management, operation and investment of the Fund

*Sub. 1(b) Directs the Division create a grant process as prescribed
in sub 3 of section 99-q

*Sub. 1(c) Directs the Division to set rules and regulations for the
efficient operation of this act.

-Sub. 2 Provides that the Division will audit each county's Mandatory
Ignition Interlock Program on a biannual basis and compile a report
detailing the progress of the programs which will be submitted to the
legislature, governor, attorney general and comptroller.

Section 5. Severability Clause.

Section 6. Effective date.

EXISTING LAW :
Current law allows all counties within the state to operate ignition
interlock programs. Those convicted of Aggravated DWI (.18 BAC and
over), who are sentenced to probation must install and maintain
ignition interlock devices.

JUSTIFICATION :
More than 20 years ago the State of New York embarked on an ambitious
pilot program to introduce the new technology of ignition interlock
devices for the purpose of keeping repeat drunk drivers off of our
streets. Since then the law has evolved, been improved and as of 2007,
made prominent. While overall rates of Driving While Intoxicated (DWI)
have decreased in the last 20 to 30 years, the last decade has seen a
stagnation in continuing reductions.

According to a number of statistical surveys, including the National
Highway Safety Board, the New York State Police, Stop-DWI New York and
the New York District Attorney's Association, the frequency of high
blood alcohol content (BAC) arrests has increased in recent years.
This precipitated the 2006 enactment of Aggravated Driving While
Intoxicated (.18 BAC and over) Law and enactment in 2007 of the
Aggravated Vehicular Homicide/Assault Law.

These statistics indicate that along with an increase in high BAC
arrests there has been a corresponding increase in recidivism amongst
this group. While the current law does provide for ignition interlock
for anyone convicted of Aggravated Driving While Intoxicated so long
as they have been given probation as a term of their sentencing it
does not cover all possible offenders and leaves a population of
probable re-offenders unobserved.

The State of New Mexico mandates participation in an ignition
interlock program by everyone convicted of DWI. A 2008 study conducted
by the National Highway Safety Transportation Administration and the
Pacific Institute of Research and Analysis found that recidivism rates
for DWI in that state had dropped by 60 percent since the program was
established.

If enacted in New York, the ignition interlock law would provide
judges, prosecutors, law enforcement, parole and correction officials
with an alternative tool to deter and monitor a potentially dangerous
population by providing for mandatory ignition interlock and probation
for everyone convicted of Driving While Intoxicated.

The legislation also provides for a funding mechanism which would
charge any person convicted of a drug or alcohol related offense a
$50.00 surcharge which would be dedicated to the Ignition Interlock
Fund maintained by the Division of Probation and Correction
Alternative and shall provide for continued and future support to
include updating of equipment and hiring of more probationary staff.

LEGISLATIVE HISTORY :
2008: Similar legislation passed the Senate (S.8036/A.10846)

EFFECTIVE DATE :
This bill shall take effect April 1, 2010. All departments and
divisions of the state mentioned herein are hereby authorized and
directed to create, amend and/or repeal any and all rules or
regulation necessary for the implementation of this act on or before
the effective date.
FISCAL IMPLICATIONS :
Not determined.
LOCAL FISCAL IMPLICATIONS :
Not determined.
EFFECTIVE DATE :
This bill shall take effect April 1, 2010. All departments and
divisions of the state mentioned herein are hereby authorized and
directed to create, amend and/or repeal any and all rules or
regulation necessary for the implementation of this act on or before
the effective date.
view full text
The Bill text is not available.

S27B (ACTIVE) - Bill Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Rpld & add §1198, V & T L; add §99-q, St Fin L

S27B (ACTIVE) - Bill Texts

view summary

Creates the mandatory ignition interlock program and the ignition interlock fund; requires installation of ignition interlock device for all persons convicted of driving while intoxicated.

view sponsor memo
BILL NUMBER: S27B

TITLE OF BILL :
An act to amend the vehicle and traffic law and the state finance law,
in relation to the creation of the mandatory ignition interlock
program for all persons convicted of driving while intoxicated; and to
repeal section 1198 of the vehicle and traffic law relating thereto


PURPOSE :
Creates a Mandatory Ignition Interlock Program for all persons
convicted of Driving While Intoxicated.

SUMMARY OF PROVISIONS :
Section 1. Legislative intent

Section 2. Section 1198 of the vehicle and traffic law is repealed and
a new section 1198 is added To establish a mandatory ignition
interlock program for all driving while intoxicated offenders.

*Sub. 2(a) Requires those that have been convicted of violating
section 1192-2, 2-A, 3, 4a (where alcohol is involved), 5 or 6 to
install, at their own cost, an ignition interlock device in all
vehicles which they use.

*Sub. 2(b) Explicitly states that this law does not apply to 1192-1
(Driving While Ability Impaired.)

*Sub. 2(c) allows for additional sentencing or the application of any
other fines, penalties, programs, conditions of probation or
conditional discharge or other sanctions.

*Sub. 2(d) mandates that an offender who declines to obtain a license
must obtain a motorist's identification card from the DMV.

*Sub. 2(e) Sets periods of probation depending on the number of
offenses. First offense with a BAC of .08 to .11 for a period of three
months, with a BAC of .12 to .17 for a period of six months, and for a
BAC of .18 or higher would result in a minimum one year probation with
ignition interlock. Second offense would result in a minimum of three
years probation and interlock. A third offense would result in a
minimum of five years probation and interlock. A fourth offense would
result in a minimum of ten years probation and interlock.

*Sub. 3(a) Sets conditions by which the Commissioner of the Department
of Motor Vehicle can authorize post revocation conditional licenses.

*Sub.3(b) allows for an application of license after the termination
of the period of required ignition interlock has been fulfilled.

*Sub. 3(c) Sets conditions in which a post revocation conditional
license may be used.

*Sub. 3(d) Provides for circumstances in which the commissioner may
revoke a post revocation conditional license.

*Sub. 4(a) Provides that the court will require proof of compliance by
the person required to install an ignition interlock device.

*Sub. 4(b) Provides that the Court shall notify the Commissioner of
DMV.

*Sub. 5(a) Requires that the cost of the ignition interlock be borne
by the person subject to the condition in addition to any fines
applicable.

*Sub. 5(b) Requires the installation service provider and subject of
condition to be responsible for the function of the device.

*Sub. 5(c) provides a repayment mechanism for those who can not afford
an ignition interlock device and relieves probation departments from
that duty if the service provider offers a repayment plan.

*Sub. 6 provides for the Commissioner of Health to approve ignition
interlock devices and to publish a list of approved devices.

*Sub. 7(a) Provides that this section applies to all vehicles operated
by a person subject to this law to include: owned, leased, rented or
loaned.

*Sub. 7(b) Prohibits a person from knowingly renting, leasing, or
lending a motor vehicle to someone subject to the provision of this
condition.

*Sub. 7(c) provides that violation of Sub. 7(a) is a misdemeanor.

*Sub. 7(d) Provides that violation of Sub. 7(b) is a misdemeanor.

*Sub. 8(a) Provides that no person shall request, solicit or allow
another to blow into the ignition interlock device for them.

*Sub. 8(b) Provides that no person shall blow into an ignition
interlock system to start a vehicle for a person subject to this law.

*Sub. 8(c) Provides that no person shall tamper with the device.

*Sub. 8(d) Provides that any person convicted of Sub. 9 (a - c) shall
be guilty of a misdemeanor and must pay a fine of not less than a
thousand dollars.

*Sub. 8(e) Provides that a person arrested for a violation of Sub.
8(a) or (b) shall immediately loose their license for a period of one
year.

*Sub. 9 Allows for the commissioner of the Department of Motor
Vehicles to revoke a license for sufficient cause.

*Sub. 10 Provides for the department of health to design a warning
label to be placed on the ignition interlock device regarding
tampering with the device.

Section 3. Amends the State Finance Law adding new section 99-q,
creating the Mandatory Ignition Interlock Fund for the purpose of
continued and future funding of the program.

-Sub. 1 Provides that the Fund shall be operated by NYS Division of
Probation and Correction Alternatives.

-Sub. 2 Provides for an addition fee of $50.00 to be assessed against
anyone convicted of an alcohol or drug related infraction.

-Sub. 3 Provides that courts shall forward fees to the fund on a
as-need basis.

-Sub. 3 (a-d) Sets forth perameters regarding the use of moneys from
the Fund.

Section 4. Sub 1. Directs the NYS Division of Probation and Correction
Alternative to create, amend and/or repeal any and all rules or
regulations for the purpose of implementing this act on or before the
effective date.

*Sub. 1(a) Directs the Division to set rules and regulations for the
management, operation and investment of the Fund.

*Sub. 1(b) Directs the Division create a grant process as prescribed
in sub 3 of section 99-q.

*Sub. 1(c) Directs the Division to set rules and regulations for the
efficient operation of this act.

-Sub. 2 Provides that the Division will audit each county's Mandatory
Ignition Interlock Program on a biannual basis and compile a report
detailing the progress of the programs which will be submitted to the
legislature, governor, attorney general and comptroller.

Section 5. Severability Clause.

Section 6. Effective date.

EXISTING LAW :
Current law allows all counties within the state to operate ignition
interlock programs. Those convicted of Aggravated DWI (.18 BAC and
over), who are sentenced to probation must install and maintain
ignition interlock devices.

JUSTIFICATION :
More than 20 years ago the State of New York embarked on an ambitious
pilot program to introduce the new technology of ignition interlock
devices for the purpose of keeping repeat drunk drivers off of our
streets. Since then the law has evolved, been improved and as of 2007,
made prominent. While overall rates of Driving While Intoxicated (DWI
have decreased in the last 20 to 30 years, the last decade has seen a
stagnation in continuing reductions.

According to a number of statistical surveys, including the National
Highway Safety Board, the New York State Police, Stop-DWI New York and
the New York District Attorney's Association, the frequency of high
blood alcohol content (BAC) arrests has increased in recent years.
This precipitated the 2006 enactment of Aggravated Driving While
Intoxicated (.18 BAC and over) Law and enactment in 2007 of the
Aggravated Vehicular Homicide/Assault Law.

These statistics indicate that along with an increase in high BAC
arrests there has been a corresponding increase in recidivism amongst
this group. While the current law does provide for ignition interlock
for anyone convicted of Aggravated Driving While Intoxicated so long
as they have been given probation as a term of their sentencing it
does not cover all possible offenders and leaves a population of
probable re-offenders unobserved.

The State of New Mexico mandates participation in an ignition
interlock program by everyone convicted of DWI. A 2008 study conducted
by the National Highway Safety Transportation Administration and the
Pacific Institute of Research and Analysis found that recidivism rates
for DWI in that state had dropped by 60 percent since the program was
established.

If enacted in New York, the ignition interlock law would provide
judges, prosecutors, law enforcement, parole-and correction officials
with an alternative tool to deter and monitor a potentially dangerous
population by providing for mandatory ignition interlock and probation
for everyone convicted of Driving While Intoxicated.

The legislation also provides for a funding mechanism which would
charge any person convicted of a drug or alcohol related offense a
$50.00 surcharge which would be dedicated to the Ignition Interlock
Fund maintained by the Division of Probation and Correction
Alternative and shall provide for continued and future support to
include updating of equipment and hiring of more probationary staff.

LEGISLATIVE HISTORY :
2008: Similar legislation passed the Senate (S.8036/ A.10846)

FISCAL IMPLICATIONS :
Not determined.

LOCAL FISCAL IMPLICATIONS :
Not determined.

EFFECTIVE DATE :
This bill shall take effect April 1, 2010. All departments and
divisions of the state mentioned herein are hereby authorized and
directed to create, amend and/or repeal any and all rules or
regulation necessary for the implementation of this act on or before
the effective date.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  27--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sens.  FUSCHILLO,  DILAN,  MORAHAN, RANZENHOFER, HANNON,
  LAVALLE, LARKIN, DIAZ, LANZA, OPPENHEIMER,  ROBACH,  MAZIARZ,  WINNER,
  McDONALD,  LITTLE,  O. JOHNSON,  FLANAGAN  --  read  twice and ordered
  printed, and when printed to be committed to the Committee on  Finance
  --  committee  discharged  and said bill committed to the Committee on
  Transportation  --  committee  discharged,   bill   amended,   ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the vehicle and traffic law and the state  finance  law,
  in  relation  to  the  creation  of  the  mandatory ignition interlock
  program for all persons convicted of driving while intoxicated; and to
  repeal section 1198 of the vehicle and traffic law relating thereto

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

  Section  1.    Legislative  intent.  The  legislature hereby finds and
declares that ignition  interlock  devices  are  highly  successful  law
enforcement  tools  for preventing driving while intoxicated recidivism.
Current law does not mandate ignition interlock devices for  all  offen-
ders,  just  for  those who have been convicted of the offense of aggra-
vated driving while intoxicated or a second violation of  subdivision  2
or  3  of  section 1192 of the vehicle and traffic law within five years
pursuant to paragraph (c) of subdivision 1-a  of  section  1193  of  the
vehicle  and traffic law, who have also been given probation as a condi-
tion of their sentencing. National studies have conclusively shown  that
first  time  offenders  who  had  mandatory  ignition  interlock devices
installed in their vehicles were sixty percent less likely to commit the
offense of driving while intoxicated  again.  These  studies  have  also
found  a  correlating  economic  benefit  in reducing the expenditure of
court resources and damages created by repeat offenders.  For every  one

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00915-10-9

S. 27--B                            2

dollar  spent  in enforcing and monitoring such a program a three dollar
savings is expected.
  S  2.    Section 1198 of the vehicle and traffic law is REPEALED and a
new section 1198 is added to read as follows:
  S 1198. MANDATORY IGNITION INTERLOCK PROGRAM FOR DRIVING WHILE INTOXI-
CATED OFFENDERS. 1. THERE IS HEREBY  ESTABLISHED  A  MANDATORY  IGNITION
INTERLOCK PROGRAM FOR ALL DRIVING WHILE INTOXICATED OFFENDERS.
  2. (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, THREE, FOUR-A (WHERE ALCOHOL IS INVOLVED),  FIVE
OR  SIX  OF  SECTION  ELEVEN  HUNDRED NINETY-TWO OF THIS ARTICLE, OR ANY
CRIME DEFINED BY THIS CHAPTER OR THE PENAL LAW OF WHICH  AN  ALCOHOL-RE-
LATED VIOLATION OF ANY PROVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THIS  ARTICLE  IS  AN ESSENTIAL ELEMENT SHALL INSTALL AND MAINTAIN, AS A
CONDITION OF A SENTENCE OF A CONDITIONAL DISCHARGE OR PROBATION, OR AS A
MANDATORY ADDITIONAL CONDITION OF ANY CONDITIONAL LICENSE ISSUED BY  THE
COMMISSIONER PURSUANT TO SECTION ELEVEN HUNDRED NINETY-SIX OF THIS ARTI-
CLE  AND RESULTING FROM ANY ALCOHOL RELATED DRIVING OFFENSE, A FUNCTION-
ING IGNITION INTERLOCK DEVICE IN ACCORDANCE WITH THE PROVISIONS OF  THIS
SECTION  AND MAY NOT OPERATE ANY MOTOR VEHICLE THAT IS NOT EQUIPPED WITH
AN IGNITION INTERLOCK  DEVICE  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 IN THIS SECTION.
  (B)  THIS SECTION SHALL NOT APPLY TO THOSE CONVICTED OF THE OFFENSE OF
DRIVING WHILE ABILITY IMPAIRED BY ALCOHOL PURSUANT TO SUBDIVISION ONE OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, IT SHALL  BE  IN  THE
DISCRETION OF THE SENTENCING COURT WHETHER TO MANDATE AN IGNITION INTER-
LOCK  AS  A  CONDITION  OF A SENTENCE OF A CONDITIONAL DISCHARGE FOR THE
CONVICTION OF SUCH AN OFFENSE.
  (C) NOTHING IN THIS  CHAPTER  SHALL  BE  CONSTRUED  AS  PROHIBITING  A
SENTENCE  OF  INCARCERATION PURSUANT TO ARTICLE SEVENTY OF THE PENAL LAW
OR THE APPLICATION OF ANY OTHER FINES, PENALTIES, PROGRAMS, RESTITUTION,
CONDITIONS OF PROBATION OR CONDITIONAL DISCHARGE, COMMUNITY  SERVICE  OR
OTHER SANCTIONS.
  (D)  ANY  SENTENCED  OFFENDER WHO DECLINES TO OBTAIN A LICENSE, CONDI-
TIONAL LICENSE OR TO EXERCISE ANY DRIVING PRIVILEGE IN THE STATE OF  NEW
YORK  MUST OBTAIN A MOTORIST IDENTIFICATION CARD FROM THE DEPARTMENT AND
THE COMMISSIONER SHALL NOTE ON THE MOTORIST'S IDENTIFICATION  RECORD  OF
ANY  PERSON  RESTRICTED PURSUANT TO THIS SECTION THAT SUCH PERSON, WOULD
BE OTHERWISE REQUIRED TO OPERATE ONLY A MOTOR VEHICLE EQUIPPED  WITH  AN
IGNITION INTERLOCK DEVICE.  OPERATION OF A MOTOR VEHICLE IN VIOLATION OF
THIS SECTION IS A CLASS E FELONY.
  (E)  PERIODS OF MANDATORY IGNITION INTERLOCK USE BY THOSE CONVICTED OF
A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR-A (WHERE  ALCOHOL  IS
INVOLVED),  FIVE  OR  SIX  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:
  (1) ANY PERSON CONVICTED OF A FIRST VIOLATION OF ANY OF THE  STATUTORY
PROVISIONS  IN  THIS PARAGRAPH AND OTHERWISE ELIGIBLE SHALL BE SENTENCED
TO A CONDITIONAL DISCHARGE, SHALL SERVE A TERM OF  PROBATION  AND  AS  A
CONDITION  OF SUCH DISCHARGE OR PROBATION MAINTAIN AN IGNITION INTERLOCK
SYSTEM, AT THEIR OWN COST, AND IS PROHIBITED FROM  OPERATING  ANY  MOTOR
VEHICLE  THAT  IS  NOT EQUIPPED WITH AN IGNITION INTERLOCK DEVICE, FOR A
PERIOD OF THREE MONTHS FOR A BLOOD ALCOHOL CONTENT OF  BETWEEN  .08  AND

S. 27--B                            3

.11  OF  ONE  PER CENTUM FROM THE DATE OF SENTENCING, OR THE DATE OF THE
ISSUANCE OF ANY POST CONVICTION CONDITIONAL LICENSE  OR  FULLY  RESTORED
LICENSE  IF  NO CONDITIONAL LICENSE WAS ISSUED, WHICHEVER IS LONGER; SIX
MONTHS  FOR  A BLOOD ALCOHOL CONTENT OF .12 BUT NOT MORE THAN .17 OF ONE
PER CENTUM FROM THE DATE OF SENTENCING, OR THE DATE OF THE  ISSUANCE  OF
ANY  POST CONVICTION CONDITIONAL LICENSE OR FULLY RESTORED LICENSE IF NO
CONDITIONAL LICENSE WAS ISSUED, WHICHEVER IS LONGER;  AND  FOR  A  BLOOD
ALCOHOL  CONTENT  OF  .18 OF ONE PER CENTUM AND ABOVE FOR A PERIOD OF AT
LEAST ONE YEAR FROM THE DATE OF SENTENCING, OR THE DATE OF THE  ISSUANCE
OF  ANY POST CONVICTION CONDITIONAL LICENSE OR FULLY RESTORED LICENSE IF
NO CONDITIONAL LICENSE WAS ISSUED, WHICHEVER IS LONGER;
  (2) ANY PERSON CONVICTED OF A VIOLATION OF ANY OF THE OFFENSES IN THIS
PARAGRAPH AND WHO IS THEREAFTER CONVICTED OF A SECOND OFFENSE SHALL  NOT
RECEIVE  A  CONDITIONAL DISCHARGE AND IF OTHERWISE ELIGIBLE SERVE A TERM
OF PROBATION AND BE REQUIRED TO INSTALL AND MAINTAIN AN IGNITION  INTER-
LOCK  SYSTEM,  AT  THEIR  OWN COST, AND IS PROHIBITED FROM OPERATING ANY
MOTOR VEHICLE THAT IS NOT EQUIPPED WITH AN  IGNITION  INTERLOCK  DEVICE,
FOR  THE FULL PERIOD OF THE SENTENCE OF PROBATION OR A MINIMUM PERIOD OF
THREE YEARS, WHICHEVER IS LONGER;
  (3) ANY PERSON CONVICTED OF A SECOND VIOLATION OF ANY OF THE  OFFENSES
IN  THIS  PARAGRAPH  AND  WHO IS THEREAFTER CONVICTED OF A THIRD OFFENSE
SHALL NOT RECEIVE A CONDITIONAL  DISCHARGE  AND  IF  OTHERWISE  ELIGIBLE
SERVE  A TERM OF PROBATION AND MAINTAIN AN IGNITION INTERLOCK SYSTEM, AT
THEIR OWN COST, AND IS PROHIBITED FROM OPERATING ANY MOTOR VEHICLE  THAT
IS  NOT  EQUIPPED WITH AN IGNITION INTERLOCK DEVICE, FOR THE FULL PERIOD
OF THE SENTENCE OF PROBATION OR A MINIMUM PERIOD OF FIVE YEARS, WHICHEV-
ER IS LONGER;
  (4) ANY PERSON CONVICTED OF A THIRD VIOLATION OF ANY OF  THE  OFFENSES
IN  THIS  PARAGRAPH  AND WHO IS THEREAFTER CONVICTED OF A FOURTH OFFENSE
SHALL NOT RECEIVE A CONDITIONAL  DISCHARGE  AND  SHALL  BE  REQUIRED  TO
INSTALL AND MAINTAIN AN IGNITION INTERLOCK SYSTEM AT THEIR OWN COST, AND
IS PROHIBITED FROM OPERATING ANY MOTOR VEHICLE THAT IS NOT EQUIPPED WITH
AN  IGNITION  INTERLOCK  DEVICE, FOR A MINIMUM PERIOD OF TEN YEARS UP TO
LIFE IN THE DISCRETION OF THE COURT AT THE TIME OF SENTENCING;
  (5) ANY PERSON SENTENCED TO A PERIOD OF INCARCERATION OR WHO IS OTHER-
WISE NOT SUBJECT TO A CONDITIONAL  DISCHARGE  OR  PERIOD  OF  PROBATION,
SHALL  BE REQUIRED TO INSTALL AND MAINTAIN AN IGNITION INTERLOCK SYSTEM,
AT THEIR OWN COST AND IS PROHIBITED FROM  OPERATING  ANY  MOTOR  VEHICLE
THAT  IS  NOT  EQUIPPED WITH AN IGNITION INTERLOCK DEVICE, FOR A MINIMUM
PERIOD OF THREE YEARS FROM THE DATE  OF  THEIR  SENTENCE,  RELEASE  FROM
INCARCERATION,  OR  UPON  APPROVAL OF A RE-APPLICATION TO THE DEPARTMENT
FOR A LICENSE OR DRIVING PRIVILEGE, WHICHEVER IS LONGER.
  3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  THE  COMMISSIONER
MAY  GRANT  A POST-REVOCATION CONDITIONAL LICENSE, AS SET FORTH IN PARA-
GRAPH (C) OF THIS SUBDIVISION, TO A PERSON WHO HAS BEEN CONVICTED  OF  A
VIOLATION  OF SUBDIVISION TWO, TWO-A, THREE, OR FOUR-A (WHERE ALCOHOL IS
INVOLVED),  OF  SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF  THIS  ARTICLE,
PROVIDED  THE  PERSON  HAS  SATISFIED  ANY  MANDATORY  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
ARRESTED  FOR A VIOLATION OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER
DURING THE LICENSE REVOCATION PERIOD  OR  DEEMED  BY  A  COURT  TO  HAVE
VIOLATED  ANY  CONDITION OF PROBATION SET FORTH BY THE COURT RELATING TO
THE OPERATION OF A MOTOR VEHICLE OR THE CONSUMPTION OF ALCOHOL.

S. 27--B                            4

  (B) UPON THE TERMINATION OF THE PERIOD OF REQUIRED IGNITION  INTERLOCK
USE  SET  BY  THE  COURT,  THE  PERSON MAY APPLY TO THE COMMISSIONER FOR
RESTORATION OF A LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE WITHOUT
AN IGNITION INTERLOCK DEVICE IN ACCORDANCE WITH THIS CHAPTER.
  (C)  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 THE USES  PRESCRIBED  IN  PARA-
GRAPH  (A)  OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF
THIS ARTICLE AND APPLICABLE TO ALL OTHER  CONDITIONAL  LICENSES  BY  THE
HOLDER THEREOF.
  (D) THE POST-REVOCATION CONDITIONAL LICENSE DESCRIBED IN THIS SUBDIVI-
SION  MAY  BE REVOKED BY THE COMMISSIONER FOR SUFFICIENT CAUSE INCLUDING
BUT NOT LIMITED TO, FAILURE TO COMPLY WITH THE TERMS OF  THE  CONDITIONS
OF  PROBATION  SET FORTH BY THE COURT, CONVICTION OF ANY TRAFFIC OFFENSE
OTHER THAN ONE INVOLVING PARKING, STOPPING OR STANDING OR AN ARREST  FOR
ANY  ALCOHOL OR DRUG RELATED OFFENSE, MISDEMEANOR OR FELONY, A VIOLATION
OF PARAGRAPH (F) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED  NINETY-
SIX  OF  THIS ARTICLE, OR A VIOLATION OF ANY SUBDIVISION OF SECTION FIVE
HUNDRED ELEVEN OF THIS CHAPTER.
  4. (A) IF THE COURT IMPOSED THE USE OF AN IGNITION INTERLOCK DEVICE AS
A CONDITION OF THE SENTENCE  THE  COURT  SHALL  REQUIRE  THE  PERSON  TO
PROVIDE  PROOF  OF  COMPLIANCE  WITH  THIS  SECTION TO THE COURT AND THE
PROBATION DEPARTMENT WHERE SUCH PERSON IS EITHER UNDER PROBATION  SUPER-
VISION  OR UNDER COMPLIANCE MONITORING FOR THE PURPOSE OF THIS MANDATORY
IGNITION INTERLOCK PROGRAM. IF THE PERSON  FAILS  TO  PROVIDE  FOR  SUCH
PROOF  OF  INSTALLATION, ABSENT A FINDING BY THE COURT OF GOOD CAUSE FOR
THAT FAILURE WHICH IS ENTERED IN THE RECORD, THE COURT MAY REVOKE, MODI-
FY, OR TERMINATE THE PERSON'S SENTENCE AS PROVIDED UNDER LAW.
  (B) WHEN A COURT IMPOSES ANY OF THE INTERLOCK  OR  LICENSE  CONDITIONS
SPECIFIED  IN  THIS  CHAPTER, 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 ANY PERSON SO
RESTRICTED THAT, IN ADDITION TO ANY OTHER  RESTRICTIONS,  CONDITIONS  OR
LIMITATIONS,  SUCH PERSON MAY OPERATE ONLY A MOTOR VEHICLE EQUIPPED WITH
AN IGNITION INTERLOCK DEVICE.
  5. (A) THE COST OF INSTALLING AND MAINTAINING THE  IGNITION  INTERLOCK
DEVICE SHALL BE BORNE BY THE PERSON SUBJECT TO SUCH CONDITION. 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.
  (B) THE SUBJECT OF THE CONDITION SHALL BE  RESPONSIBLE  TO  BRING  ANY
VEHICLES  DRIVEN BY THE SUBJECT TO THE INSTALLATION AND SERVICE PROVIDER
OF THE IGNITION INTERLOCK DEVICE FOR THE INSTALLATION, CALIBRATION,  AND
MAINTENANCE OF SUCH DEVICE.
  (C) THOSE CONVICTED OF ANY OF THE ABOVE OFFENSES WHO CAN NOT AFFORD TO
MAINTAIN  AND  OPERATE  AN  IGNITION  INTERLOCK  SYSTEM  SHALL  HAVE ONE
PROVIDED FOR THEM BY THE COUNTY PROBATION AND CORRECTIONAL  ALTERNATIVES
DEPARTMENT  OR  A  PARTICIPATING  INTERLOCK  DEVICE PROVIDER AND WILL BE
ENROLLED IN A PAYMENT PLAN, BASED ON THEIR INCOME, SO THAT SAID EXPENSES
MAY BE PAID BACK TO THE COUNTY OVER A PERIOD OF TIME.  HOWEVER,  IF  THE
IGNITION  INTERLOCK PROVIDER OFFERS THE SAME OR SIMILAR PAYMENT PLAN FOR
THE OPERATION AND MAINTENANCE OF THE DEVICE, THE COUNTY IS NOT OBLIGATED
TO OFFER SUCH A REPAYMENT PLAN.
  6. THE COMMISSIONER OF HEALTH SHALL APPROVE IGNITION INTERLOCK DEVICES
AND SHALL PUBLISH A LIST OF APPROVED DEVICES.  SUCH  COMMISSIONER  SHALL

S. 27--B                            5

PROMULGATE  RULES AND REGULATIONS FOR IGNITION INTERLOCK DEVICES IN PART
59 OF TITLE 10 OF THE OFFICIAL COMPILATION OF  CODES,  RULES  AND  REGU-
LATIONS.
  7.  (A)  ANY  REQUIREMENT  OF THIS SECTION OR OF THE PENAL LAW, THAT A
PERSON OPERATE A VEHICLE ONLY IF IT IS EQUIPPED WITH AN IGNITION  INTER-
LOCK  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) OF THIS SUBDIVISION SHALL BE A MISDE-
MEANOR AND SHALL RESULT IN THE  IMMEDIATE  REVOCATION  OF  ANY  LICENSE,
CONDITIONAL LICENSE OR OPERATING PRIVILEGE FOR A MINIMUM ONE YEAR PERIOD
UPON ARREST.
  (D) A VIOLATION OF PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE A MISDE-
MEANOR.
  8.  (A)  NO  PERSON  WHOSE DRIVING PRIVILEGE IS RESTRICTED PURSUANT TO
THIS SECTION OR THE PENAL LAW SHALL REQUEST, SOLICIT OR ALLOW ANY  OTHER
PERSON  TO  BLOW  INTO AN IGNITION INTERLOCK DEVICE, OR TO START A MOTOR
VEHICLE EQUIPPED WITH THE DEVICE,  FOR  THE  PURPOSE  OF  PROVIDING  THE
PERSON SO RESTRICTED WITH AN OPERABLE MOTOR VEHICLE.
  (B)  NO PERSON SHALL BLOW INTO AN IGNITION INTERLOCK DEVICE OR START A
MOTOR VEHICLE EQUIPPED WITH THE DEVICE FOR THE PURPOSE OF  PROVIDING  AN
OPERABLE  MOTOR  VEHICLE  TO  A  PERSON  WHOSE  DRIVING  PRIVILEGE IS SO
RESTRICTED.
  (C) NO PERSON SHALL TAMPER WITH OR CIRCUMVENT  AN  OTHERWISE  OPERABLE
IGNITION INTERLOCK DEVICE.
  (D)  IN  ADDITION TO ANY OTHER PROVISIONS OF LAW, ANY PERSON CONVICTED
OF A VIOLATION OF PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVISION SHALL BE
GUILTY OF AN UNCLASSIFIED MISDEMEANOR AND SHALL BE PUNISHABLE BY A  FINE
OF  NOT  LESS  THAN  ONE THOUSAND DOLLARS OR BY IMPRISONMENT IN A COUNTY
JAIL OR A PENITENTIARY FOR NOT MORE THAN ONE YEAR.
  (E) IN ADDITION TO ANY OTHER PENALTIES, IF THE PERSON ARRESTED  FOR  A
VIOLATION  OF  PARAGRAPH  (A)  OR  (C) OF THIS SUBDIVISION IS THE DRIVER
REQUIRED TO OPERATE ONLY A  MOTOR  VEHICLE  EQUIPPED  WITH  AN  IGNITION
INTERLOCK  DEVICE,  THE  DRIVER'S  ARREST  SHALL RESULT IN THE IMMEDIATE
REVOCATION OF ANY LICENSE, CONDITIONAL LICENSE OR DRIVING PRIVILEGE  FOR
A  MINIMUM  PERIOD OF ONE YEAR, SUBJECT TO THE PROVISIONS OF SUBDIVISION
NINE OF THIS SECTION.
  9.  ANY LICENSE, CONDITIONAL LICENSE OR PRIVILEGES DESCRIBED  IN  THIS
CHAPTER MAY BE REVOKED BY THE COMMISSIONER, FOR SUFFICIENT CAUSE INCLUD-
ING, BUT NOT LIMITED TO, CONVICTION OF ANY TRAFFIC INFRACTION OTHER THAN
ONE  INVOLVING  PARKING, STOPPING OR STANDING; OR ARREST UPON REASONABLE
CAUSE OF ANY ALCOHOL OR DRUG-RELATED  TRAFFIC  OFFENSE,  MISDEMEANOR  OR
FELONY;  OR  AGGRAVATED  UNLICENSED  OPERATION  OF  A MOTOR VEHICLE OR A
VIOLATION OF PARAGRAPH  (F)  OF  SUBDIVISION  SEVEN  OF  SECTION  ELEVEN
HUNDRED  NINETY-SIX  OF  THIS CHAPTER.   IN ADDITION ANY LICENSE, CONDI-
TIONAL LICENSE OR PRIVILEGES MAY BE REVOKED BY THE COMMISSIONER  WHEN  A
PERSON IS REQUIRED UNDER ANY LAW TO OPERATE ONLY A MOTOR VEHICLE WITH AN
IGNITION INTERLOCK DEVICE, AN ARREST UPON REASONABLE CAUSE FOR OPERATING
A  MOTOR  VEHICLE  WITHOUT  AN IGNITION INTERLOCK DEVICE, OR SOLICITING,

S. 27--B                            6

REQUESTING OR ALLOWING ANY OTHER PERSON TO BLOW INTO AN IGNITION  INTER-
LOCK DEVICE, OR TAMPERING OR CIRCUMVENTING SUCH DEVICE.
  S  3. The state finance law is amended by adding a new section 99-q to
read as follows:
  S 99-Q.  MANDATORY IGNITION INTERLOCK FUND.  1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  NEW  YORK
STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES A SPECIAL FUND
TO BE KNOWN AS THE "MANDATORY IGNITION INTERLOCK FUND".
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE COURTS FROM
A COURT FEE OF  FIFTY DOLLARS IMPOSED ON ANYONE CONVICTED OF A VIOLATION
OF  ANY  OF THE SUBDIVISIONS OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE
VEHICLE AND TRAFFIC LAW.
  3. MONEYS OF THE FUND SHALL BE EXPENDED BY THE NEW YORK STATE DIVISION
OF PROBATION AND CORRECTIONAL ALTERNATIVES ON AN AS-NEED BASIS  FOR  THE
CONTINUED  OPERATION AND MAINTENANCE OF THE MANDATORY IGNITION INTERLOCK
PROGRAM ESTABLISHED IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THE  VEHI-
CLE AND TRAFFIC LAW, TO INCLUDE THE COST OF:
  (A) ADDITIONAL PROBATION AND COMPLIANCE OFFICERS TO MANAGE THE PROGRAM
AT  A  COUNTY  OR  REGIONAL  LEVEL  IN THE DISCRETION OF THE DIVISION OF
PROBATION AND CORRECTIONAL ALTERNATIVES;
  (B) DEFRAYING THE COST TO THOSE DETERMINED BY THE COURT TO BE  INCAPA-
BLE OF BEARING THE INITIAL OR ENTIRE EXPENSE OF INSTALLING AND MAINTAIN-
ING  AN  IGNITION INTERLOCK DEVICE PURSUANT TO THIS SECTION.  NOTHING IN
THIS PROVISION SHALL PREVENT A PERSON MANDATED TO INSTALL  AND  MAINTAIN
AN  IGNITION INTERLOCK PURSUANT TO THIS SECTION FROM BEING ENROLLED IN A
PAYMENT PLAN, BASED ON THEIR INCOME, SO THAT SAID EXPENSES MAY  BE  PAID
BACK  TO  THE  COUNTY  OVER  A  PERIOD OF TIME. HOWEVER, IF THE IGNITION
INTERLOCK PROVIDER OFFERS THE SAME OR SIMILAR PAYMENT PLAN FOR THE OPER-
ATION AND MAINTENANCE OF THE DEVICE, THE  COUNTY  IS  NOT  OBLIGATED  TO
OFFER SUCH A REPAYMENT PLAN;
  (C)  ADDITIONAL OR ENHANCED EQUIPMENT FOR THE MONITORING OF PROBATION-
ERS; AND
  (D) ANY OTHER COSTS ASSOCIATED WITH THE INCREASED DUTIES  OR  EXPENSES
ASSOCIATED WITH OPERATING AND MANAGING THE PROGRAM TO INCLUDE BUT NOT BE
LIMITED  TO  HEALTHCARE,  RETIREMENT  OR  OTHER  BENEFIT  COSTS  DUE  TO
INCREASED STAFF.
  S 4. 1. The New York state  division  of  probation  and  correctional
alternatives  is  hereby authorized and directed to create, amend and/or
repeal any and all rules or regulations necessary for the implementation
of this act on or before its effective date for the purpose of:
  (a) creation of the ignition interlock fund and the management, opera-
tion and investment thereof;
  (b) creation of a grant process as  prescribed  by  subdivision  3  of
section 99-q of the state finance law, as added by section three of this
act; and
  (c) creation of any other rules or regulations for the efficient oper-
ation of this act.
  2.  The New York state division of probation and correctional alterna-
tives is hereby directed  to  audit  each  county's  mandatory  ignition
interlock  program  at  least  once  every  two  years.  The division of
probation and correctional alternatives shall compile and submit to  the
governor,  legislature, attorney general and comptroller a yearly report
detailing the progress and effectiveness of each county's program.
  S 5. Severability. If any clause, sentence, paragraph, section or part
of this article be adjudged by any court of competent jurisdiction to be
invalid, such judgment  shall  not  affect,  impair  or  invalidate  the

S. 27--B                            7

remainder  hereof  but  shall be applied in its operation to the clause,
sentence, paragraph, section or part hereof  directly  involved  in  the
controversy in which such judgment shall have been rendered.
  S  6.  This  act  shall take effect April 1, 2010.  All departments or
divisions of the state mentioned in this act are hereby  authorized  and
directed to create, amend and/or repeal any and all rules or regulations
necessary  for the implementation of this act on or before its effective
date.

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