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 Section 1198 of the vehicle and traffic law is REPEALED and a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.
