BILL NUMBER:A11094
TITLE OF BILL: An act to amend the vehicle and traffic law, the execu-
tive law and the penal law, in relation to offenders required to install
and maintain ignition interlock devices
PURPOSE OF THE BILL: This bill would amend the Executive Law, Vehicle &
Traffic Law and penal Law to ensure that when a person is convicted of
the crime of aggravated driving while intoxicated with a child that the
cost of the ignition interlock device shall be borne by the offender and
the offender alone.
SUMMARY OF PROVISIONS OF THE BILL: Section 1 of the bill adds the
language, "at their own personal expense" to VTL §1193, subparagraph ii
of paragraph b of subdivision 1, relating to the maintenance and instal-
lation of ignition interlock devices.
Section 2 of the bill adds the language, "at their own personal expense"
to amends VTL § 1193(1) (c), relating, to the maintenance and installa-
tion of ignition interlock devices.
Section 3 of the bill amends VTL § 1198, subdivision 2, to add the
language, "the cost of which shall be borne by the offender."
Section 4 of the bill amends section 1198 of the vehicle and traffic law
to remove the language that (unless the court determines such person is
S T A T E O F N E W Y O R K
________________________________________________________________________
11094
I N A S S E M B L Y
May 14, 2010
___________
Introduced by M. of A. STIRPE -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, the executive law and the
penal law, in relation to offenders required to install and maintain
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 496
of the laws of 2009, 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 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 AT THEIR OWN PERSONAL EXPENSE,
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 condi-
tional discharge imposed for such violation of section eleven hundred
ninety-two of this article and in no event for less than six months.
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 pursuant to the provisions of this section.
S 2. Subparagraph (iii) of paragraph (c) of subdivision 1 of section
1193 of the vehicle and traffic law, as amended by chapter 496 of the
laws of 2009, 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 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 AT THEIR OWN PERSONAL EXPENSE,
in accordance with the provisions of section eleven hundred ninety-eight
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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