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

                                  2633

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. ALFANO,
  BARRA, COLTON, GALEF, HOOPER, ROBINSON, SWEENEY, TOWNS  --  read  once
  and referred to the Committee on Transportation

AN  ACT to amend the vehicle and traffic law, in relation to a statewide
  ignition interlock device program; to amend the state finance law,  in
  relation  to  the  creation  of  the ignition interlock device program
  fund; to amend the vehicle and traffic law, in relation  to  penalties
  for provisions relating to driving under the influence of alcohol; and
  to  amend  the  criminal procedure law, in relation to the application
  for bail

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

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
article 31-A to read as follows:
                               ARTICLE 31-A
               STATEWIDE IGNITION INTERLOCK DEVICE PROGRAM
SECTION 1199-A. STATEWIDE IGNITION INTERLOCK DEVICE PROGRAM.
        1199-B. IMPLEMENTATION OF PROGRAM.
        1199-C. IGNITION INTERLOCK SERVICE PROVIDERS.
        1199-D. IGNITION INTERLOCK PROGRAM VIOLATIONS.
        1199-E. TAMPERING WITH AN IGNITION INTERLOCK DEVICE.
        1199-F. ATTEMPTING TO TAMPER WITH AN IGNITION INTERLOCK DEVICE.
        1199-G. DUTIES OF THE COMMISSIONER.
  S 1199-A. STATEWIDE IGNITION INTERLOCK DEVICE  PROGRAM.  1.  THERE  IS
HEREBY CREATED A STATEWIDE IGNITION INTERLOCK DEVICE PROGRAM.
  2.  THE  PROGRAM IS ADMINISTERED BY IGNITION INTERLOCK SERVICE PROVID-
ERS, WHO ARE MONITORED AND REGULATED BY THE COMMISSIONER.
  S 1199-B. IMPLEMENTATION OF PROGRAM. 1. EVERY PERSON WHO IS  CONVICTED
UNDER  SECTION  ELEVEN HUNDRED NINETY-TWO OR ELEVEN HUNDRED NINETY-TWO-A
OF THIS TITLE IS REQUIRED TO PARTICIPATE IN THE PROGRAM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03397-01-9

              

A. 2633                             2

  2. EVERY PERSON REQUIRED TO PARTICIPATE IN THE PROGRAM SHALL  HAVE  AN
IGNITION INTERLOCK DEVICE INSTALLED ON HIS OR HER VEHICLE BY AN IGNITION
INTERLOCK  SERVICE PROVIDER. THE DEVICE MUST BE CAPABLE OF RECORDING THE
DATE OF ALL BREATH TESTS PERFORMED ON THE DEVICE.
  3.  A  PARTICIPANT  IS REQUIRED TO BREATHE INTO THE IGNITION INTERLOCK
DEVICE EVERY TIME HE OR SHE ATTEMPTS TO OPERATE HIS OR HER  VEHICLE.  IF
THE PARTICIPANT'S BLOOD ALCOHOL CONTENT IS EQUAL TO OR GREATER THAN .025
OF ONE PERCENT BY WEIGHT, THEN THE PARTICIPANT'S VEHICLE WILL NOT START.
  4.  IF  A  PARTICIPANT  IS ABLE TO START HIS OR HER VEHICLE, HE OR SHE
WILL BE SUBJECT TO ROLLING TESTS, WHEREBY THE PARTICIPANT  WILL  BREATHE
INTO  THE  IGNITION  INTERLOCK  DEVICE  EVERY  TWENTY  TO FORTY MINUTES,
DEPENDING ON HOW THE DEVICE IS CONFIGURED. THE DEVICE SHALL  RECORD  ALL
OF THE DATA REGARDING THESE ROLLING TESTS.
  5. A PARTICIPANT IN THE PROGRAM IS PROHIBITED FROM DRIVING ANY VEHICLE
OTHER THAN A VEHICLE THAT HAS BEEN EQUIPPED WITH HIS OR HER OWN IGNITION
INTERLOCK DEVICE.
  6. THE COSTS OF INSTALLATION OF THE IGNITION INTERLOCK DEVICE SHALL BE
PAID BY THE OFFENDER.
  7.  IF  THE COURT DEEMS A PERSON TO BE INDIGENT, THEN FIFTY PERCENT OF
THE COST OF INSTALLATION SHALL  BE  PAID  FROM  THE  IGNITION  INTERLOCK
DEVICE  PROGRAM FUND ESTABLISHED UNDER SECTION NINETY-ONE-H OF THE STATE
FINANCE LAW.
  8. EVERY PERSON REQUIRED TO PARTICIPATE IN THE PROGRAM SHALL  ALSO  BE
REQUIRED TO:
  A. ATTEND ALCOHOL AND SUBSTANCE ABUSE COUNSELING; AND
  B.  MEET  WEEKLY  WITH VICTIM SUPPORT GROUPS FOR ALCOHOL RELATED ACCI-
DENTS; AND
  C. MEET WEEKLY WITH A PROBATION OFFICER.
  9. THE COMMISSIONER SHALL ESTABLISH THE  CRITERIA  THAT  MUST  BE  MET
BEFORE  A  PERSON  MAY  BE  REMOVED FROM THE PROGRAM. SUCH CRITERIA MUST
INCLUDE AN IGNITION INTERLOCK DEVICE RECORD OF AT LEAST  TWELVE  CONSEC-
UTIVE  MONTHS WHERE ALL TEST RESULTS INDICATE A BLOOD ALCOHOL CONTENT OF
LESS THAN .025 OF ONE PERCENT BY WEIGHT  AS  WELL  AS  APPROVAL  BY  THE
PERSON'S  PROBATION  OFFICER, SUBSTANCE ABUSE COUNSELOR, AND THE COMMIS-
SIONER.
  S 1199-C. IGNITION INTERLOCK SERVICE  PROVIDERS.  1.  ANY  PERSON  WHO
MEETS  THE  FOLLOWING  CRITERIA MAY APPLY TO THE DEPARTMENT TO BECOME AN
IGNITION INTERLOCK SERVICE PROVIDER:
  A. HE OR SHE MUST HAVE AT LEAST TWO YEARS OF EXPERIENCE IN SERVICE AND
INSTALLATION OF IGNITION INTERLOCK DEVICES; AND
  B. HE OR SHE HAS THE  ABILITY,  ACCEPTABLE  TO  THE  COMMISSIONER,  TO
ESTABLISH SUFFICIENT SERVICE CENTERS FOR HIS OR HER JURISDICTION.
  2. ALL IGNITION INTERLOCK SERVICE PROVIDERS MUST PROVIDE A TWENTY-FOUR
HOUR TOLL-FREE TELEPHONE HOTLINE.
  3.  AN  IGNITION  INTERLOCK SERVICE PROVIDER MUST SERVICE ALL IGNITION
INTERLOCK DEVICES ON A BI-MONTHLY BASIS.
  4. AN IGNITION INTERLOCK SERVICE PROVIDER MUST:
  A. RETURN ALL SERVICE CALLS WITHIN FORTY-FIVE MINUTES; AND
  B. REPAIR OR REPLACE ALL IGNITION INTERLOCK DEVICES WITHIN FORTY-EIGHT
HOURS.
  5. AN IGNITION INTERLOCK SERVICE PROVIDER SHALL INFORM THE  DEPARTMENT
WITHIN TWENTY-FOUR HOURS OF HIS OR HER NOTICE OF:
  A.  ANY  INSTALLATION, REPAIR, RESET, OR REMOVAL OF AN IGNITION INTER-
LOCK DEVICE; AND
  B. ANY TAMPERING OR ATTEMPTED  TAMPERING  OF  THE  IGNITION  INTERLOCK
DEVICE IN VIOLATION OF THE PROVISIONS OF THIS ARTICLE.

A. 2633                             3

  6.    AN  IGNITION  INTERLOCK  SERVICE  PROVIDER SHALL REPORT AT LEAST
MONTHLY TO THE DEPARTMENT ON ALL ASPECTS OF THEIR SERVICE PROGRAM.
  7.  AN  IGNITION  INTERLOCK  SERVICE  PROVIDER  MAY  CHARGE  FEES  FOR
SERVICES.  SUCH FEES SHALL BE UNIFORM THROUGHOUT THE STATE AND SHALL  BE
ESTABLISHED BY THE COMMISSIONER.
  8.  AN  IGNITION  INTERLOCK  SERVICE PROVIDER SHALL BE RESPONSIBLE FOR
INFORMING THE IGNITION INTERLOCK PROGRAM PARTICIPANT ON THE  PROPER  USE
AND MAINTENANCE OF THE IGNITION INTERLOCK DEVICE.
  S   1199-D.  IGNITION  INTERLOCK  PROGRAM  VIOLATIONS.  1.  FOR  EVERY
VIOLATION OF THE IGNITION INTERLOCK  PROGRAM  A  POINT  VALUE  SHALL  BE
ASSIGNED ACCORDING TO SUBDIVISION TWO OF THIS SECTION. APPROPRIATE SANC-
TIONS  SHALL  BE DETERMINED IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION BASED UPON THE ACCUMULATED POINTS OF THE PARTICIPANT.
  2. THE FOLLOWING VIOLATIONS SHALL RESULT IN THE  FOLLOWING  NUMBER  OF
POINTS:
  A. ONE POINT EACH TIME A PARTICIPANT REGISTERS A BLOOD ALCOHOL CONTENT
EQUAL TO OR GREATER THAN .08 OF ONE PERCENT BY WEIGHT.
  B.  ONE  POINT  WHEN  A  PARTICIPANT REGISTERS A BLOOD ALCOHOL CONTENT
EQUAL TO OR GREATER THAN .025 OF ONE PERCENT BY WEIGHT ON THREE  CONSEC-
UTIVE TESTS.
  C. ONE POINT FOR MISSING A ROLLING TEST AS REQUIRED PURSUANT TO SUBDI-
VISION FOUR OF SECTION ELEVEN HUNDRED NINETY-NINE-B OF THIS ARTICLE.
  D.  THREE  POINTS  FOR  TAMPERING WITH AN IGNITION INTERLOCK DEVICE AS
PROVIDED IN SECTION ELEVEN HUNDRED  NINETY-NINE-E  OF  THIS  ARTICLE  OR
ATTEMPTING  TO  TAMPER  WITH AN IGNITION INTERLOCK DEVICE AS PROVIDED IN
SECTION ELEVEN HUNDRED NINETY-NINE-F OF THIS ARTICLE.
  3. FOR EVERY THREE POINTS ACCUMULATED BY THE PARTICIPANT, HE OR SHE:
  A. MUST RETURN HIS OR HER VEHICLE TO  AN  IGNITION  INTERLOCK  SERVICE
PROVIDER TO HAVE THE DEVICE RESET;
  B.  IS  RESPONSIBLE  FOR THE COST OF THE RESETTING FEE, WHERE SUCH FEE
SHALL BE DETERMINED BY THE COMMISSIONER;
  C. IS SUBJECT TO AT LEAST AN ADDITIONAL SIX MONTH EXTENSION OF HIS  OR
HER SCHEDULED IGNITION INTERLOCK PROGRAM; AND
  D. MUST PAY A FINE OF FIVE HUNDRED DOLLARS.
  4.  ANY PERSON WHO OPERATES A VEHICLE IN VIOLATION OF SUBDIVISION FIVE
OF SECTION  ELEVEN  HUNDRED  NINETY-NINE-B  OF  THIS  ARTICLE  SHALL  BE
PUNISHED AS FOLLOWS:
  A.  SUCH PERSON SHALL HAVE AN ADDITIONAL SIX MONTHS ADDED ON TO HIS OR
HER MINIMUM REQUIRED PARTICIPATION  IN  THE  IGNITION  INTERLOCK  DEVICE
PROGRAM;
  B.  SUCH  PERSON  SHALL  BE  REQUIRED  TO  PAY  A FINE OF TWO THOUSAND
DOLLARS; AND
  C. SUCH PERSON SHALL HAVE THEIR DRIVER'S LICENSE SUSPENDED PURSUANT TO
SECTION ELEVEN HUNDRED NINETY-THREE OF THIS TITLE.
  S 1199-E. TAMPERING WITH AN IGNITION INTERLOCK  DEVICE.  A  PERSON  IS
GUILTY  OF  TAMPERING  WITH  AN IGNITION INTERLOCK DEVICE WHEN HE OR SHE
CIRCUMVENTS OR CAUSES THE  CIRCUMVENTION  OF  THE  TESTING  AND/OR  DATA
RECORDING  OF THE IGNITION INTERLOCK DEVICE. ANY PERSON WHO TAMPERS WITH
AN IGNITION INTERLOCK DEVICE SHALL BE GUILTY OF VIOLATING THE  STATEWIDE
IGNITION INTERLOCK DEVICE PROGRAM AND SHALL BE SUBJECT TO UP TO ONE YEAR
OF  IMPRISONMENT  AND A FINE OF UP TO ONE THOUSAND FIVE HUNDRED DOLLARS.
TAMPERING WITH AN IGNITION INTERLOCK DEVICE SHALL INCLUDE,  BUT  NOT  BE
LIMITED  TO, ANY PERSON WHO ASSISTS IN TAMPERING WITH AN IGNITION INTER-
LOCK DEVICE, INCLUDING ANY PERSON WHO BREATHES INTO AN  IGNITION  INTER-
LOCK DEVICE ON BEHALF OF THE DESIGNATED PARTICIPANT.

A. 2633                             4

  S  1199-F.  ATTEMPTING  TO TAMPER WITH AN IGNITION INTERLOCK DEVICE. A
PERSON IS GUILTY OF ATTEMPTING TO  TAMPER  WITH  AN  IGNITION  INTERLOCK
DEVICE  WHEN  HE  OR  SHE ATTEMPTS TO CIRCUMVENT THE TESTING AND/OR DATA
RECORDING OF AN IGNITION INTERLOCK DEVICE. ANY PERSON  WHO  ATTEMPTS  TO
TAMPER  WITH  AN  IGNITION INTERLOCK DEVICE SHALL BE GUILTY OF VIOLATING
THE STATEWIDE IGNITION INTERLOCK DEVICE PROGRAM AND SHALL BE SUBJECT  TO
UP  TO  SIX MONTHS OF IMPRISONMENT AND A FINE OF UP TO ONE THOUSAND FIVE
HUNDRED DOLLARS.
  S 1199-G. DUTIES  OF  THE  COMMISSIONER.  1.  THE  COMMISSIONER  SHALL
PROMULGATE  ANY RULE OR REGULATION NECESSARY FOR THE EFFECTIVE IMPLEMEN-
TATION OF THIS ARTICLE.
  2. THE COMMISSIONER SHALL CAUSE TO BE ESTABLISHED A DISTINCTIVE  DRIV-
ER'S  LICENSE  THAT  CLEARLY DISTINGUISHES PARTICIPANTS IN THE STATEWIDE
IGNITION INTERLOCK DEVICE PROGRAM FROM OTHER DRIVERS OF THE STATE.
  S 2. The state finance law is amended by adding a new section 91-h  to
read as follows:
  S  91-H.  IGNITION  INTERLOCK  DEVICE PROGRAM FUND. 1. THERE IS HEREBY
CREATED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER  OF
MOTOR  VEHICLES  A  FUND  TO  BE KNOWN AS THE "IGNITION INTERLOCK DEVICE
PROGRAM FUND".
  2. THE FUND SHALL CONSIST OF ALL  MONIES  APPROPRIATED  BY  THE  STATE
LEGISLATURE  AND  ALL  FINES  IMPOSED  UPON  VIOLATIONS OF THE STATEWIDE
IGNITION INTERLOCK PROGRAM.
  3. THE MONIES OF THE FUND SHALL BE USED FOR ANY PURPOSE DESIGNATED  BY
THE  COMMISSIONER  OF MOTOR VEHICLES THAT FURTHERS THE GOALS AND PURPOSE
OF THE  STATEWIDE  IGNITION  INTERLOCK  DEVICE  PROGRAM,  INCLUDING  THE
PRODUCTION  OF  EDUCATIONAL  MATERIALS  THAT  INFORM  THE  PUBLIC OF THE
HAZARDS OF DRIVING UNDER THE INFLUENCE OF ALCOHOL.
  S 3. Paragraph (a) of subdivision 1 of section 1193 of the vehicle and
traffic law, as amended by chapter 75 of the laws of 1994, is amended to
read as follows:
  (a) Driving while ability impaired. (1) A violation of subdivision one
of section eleven hundred ninety-two of this article shall be a  traffic
infraction  and  shall  be  punishable  by a fine of not less than three
hundred dollars nor more than five hundred dollars or by imprisonment in
a penitentiary or county jail for not more than fifteen days, or by both
such fine and imprisonment.  SUCH  PERSON  SHALL  ALSO  BE  REQUIRED  TO
PARTICIPATE  IN  THE  STATEWIDE IGNITION INTERLOCK DEVICE PROGRAM ESTAB-
LISHED UNDER ARTICLE THIRTY-ONE-A OF THIS TITLE FOR A MINIMUM OF  TWELVE
MONTHS.
  (2)  A  person who operates a vehicle in violation of such subdivision
after having been convicted of a violation of any subdivision of section
eleven hundred ninety-two of this  article  within  the  preceding  five
years  shall be punished by a fine of not less than five hundred dollars
nor more than seven hundred fifty dollars, or  by  imprisonment  of  not
more  than  thirty days in a penitentiary or county jail or by both such
fine and imprisonment. SUCH PERSON SHALL ALSO BE REQUIRED TO PARTICIPATE
IN THE STATEWIDE IGNITION INTERLOCK  DEVICE  PROGRAM  ESTABLISHED  UNDER
ARTICLE THIRTY-ONE-A OF THIS TITLE FOR A MINIMUM OF EIGHTEEN MONTHS.
  (3)  A  person who operates a vehicle in violation of such subdivision
after having been convicted two or more times  of  a  violation  of  any
subdivision  of section eleven hundred ninety-two of this article within
the preceding ten years shall be guilty of a misdemeanor, and  shall  be
punished by a fine of not less than seven hundred fifty dollars nor more
than  fifteen  hundred  dollars, or by imprisonment of not more than one
hundred eighty days in a penitentiary or county jail  or  by  both  such

A. 2633                             5

fine  and  imprisonment.   SUCH PERSON SHALL ALSO BE REQUIRED TO PARTIC-
IPATE IN THE STATEWIDE IGNITION  INTERLOCK  DEVICE  PROGRAM  ESTABLISHED
UNDER  ARTICLE  THIRTY-ONE-A  OF THIS TITLE FOR A MINIMUM OF TWENTY-FOUR
MONTHS.
  S 4. Paragraph (a) of subdivision 2 of section 1193 of the vehicle and
traffic  law,  as amended by chapter 196 of the laws of 1996, is amended
to read as follows:
  (a) Suspensions. Except as otherwise provided in this  subdivision,  a
license  shall  be suspended and a registration may be suspended for the
following periods:
  (1) Driving while ability impaired. [Ninety]  FORTY-FIVE  days,  where
the  holder  is  convicted  of a violation of subdivision one of section
eleven hundred ninety-two of this article;
  (2) Persons under the age of twenty-one; driving after having consumed
alcohol. [Six months] NINETY DAYS, where the holder has  been  found  to
have operated a motor vehicle after having consumed alcohol in violation
of section eleven hundred ninety-two-a of this article where such person
was  under  the  age  of  twenty-one  at  the time of commission of such
violation;
  (3) OPERATION OF A VEHICLE NOT EQUIPPED  WITH  AN  IGNITION  INTERLOCK
DEVICE.  SIX  MONTHS,  WHERE  THE HOLDER HAS BEEN FOUND TO HAVE VIOLATED
SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED NINETY-NINE-B OF THIS TITLE.
  S 5. Paragraph (b) of subdivision 1 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:
  (b)  Driving  while  intoxicated or while ability impaired by drugs or
while ability impaired by the combined influence of drugs or of  alcohol
and any drug or drugs; aggravated driving while intoxicated; misdemeanor
offenses.  A  violation  of  subdivision  two,  three, four or four-a of
section eleven hundred ninety-two of this article shall be a misdemeanor
and shall be punishable by a fine of not less than five hundred  dollars
nor more than one thousand dollars, or by imprisonment in a penitentiary
or  county  jail  for  not  more than one year, or by both such fine and
imprisonment AND  MANDATORY  PARTICIPATION  IN  THE  STATEWIDE  IGNITION
INTERLOCK  DEVICE PROGRAM ESTABLISHED UNDER ARTICLE THIRTY-ONE-A OF THIS
TITLE FOR A MINIMUM OF EIGHTEEN MONTHS.    A  violation  of  subdivision
two-a  of  section  eleven hundred ninety-two of this article shall be a
misdemeanor and shall be punishable by a fine of not less than one thou-
sand dollars nor more than two  thousand  five  hundred  dollars  or  by
imprisonment  in  a  penitentiary  or  county jail for not more than one
year, or by both such fine and imprisonment. In addition to the  imposi-
tion  of any fine or period of imprisonment set forth in this paragraph,
the court shall require that any person who  has  been  convicted  of  a
violation  of  subdivision two-a of section eleven hundred ninety-two of
this article and who is sentenced to a period of probation,  to  install
and  maintain,  as  a condition of such probation and in accordance with
section eleven hundred  ninety-eight  of  this  article,  a  functioning
ignition interlock device in any vehicle owned or operated by the person
during  the term of such probation; 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 6. Paragraph (c) of subdivision 1 of section 1193 of the vehicle and
traffic  law,  as  amended  by chapter 732 of the laws of 2006, subpara-
graphs (i) and (ii) as amended by chapter 345 of the laws of of 2007, is
amended to read as follows:

A. 2633                             6

  (c) Felony offenses.  (i) A person who operates a vehicle in violation
of subdivision two, two-a, three,  four  or  four-a  of  section  eleven
hundred  ninety-two  of  this  article  after having been convicted of a
violation of subdivision two, two-a,  three,  four  or  four-a  of  such
section  or  of  vehicular  assault  in  the  second or first degree, as
defined, respectively, in sections  120.03  and  120.04  and  aggravated
vehicular  assault as defined in section 120.04-a of the penal law or of
vehicular manslaughter in  the  second  or  first  degree,  as  defined,
respectively,  in  sections  125.12  and 125.13 and aggravated vehicular
homicide as defined in section 125.14 of such law, within the  preceding
ten years, shall be guilty of a class E felony, and shall be punished by
a fine of not less than one thousand dollars nor more than five thousand
dollars  or by a period of imprisonment as provided in the penal law, or
by both such fine and imprisonment AND SHALL ALSO BE REQUIRED TO PARTIC-
IPATE IN THE STATEWIDE IGNITION  INTERLOCK  DEVICE  PROGRAM  ESTABLISHED
UNDER  ARTICLE  THIRTY-ONE-A  OF THIS TITLE FOR A MINIMUM OF TWENTY-FOUR
MONTHS.
  (ii) A person who operates a vehicle in violation of subdivision  two,
two-a,  three,  four  or  four-a of section eleven hundred ninety-two of
this article after having been convicted of a violation  of  subdivision
two,  two-a,  three,  four  or  four-a  of  such section or of vehicular
assault in the second or first  degree,  as  defined,  respectively,  in
sections  120.03  and 120.04 and aggravated vehicular assault as defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such law, twice within the preceding ten years, shall  be  guilty  of  a
class  D  felony,  and  shall be punished by a fine of not less than two
thousand dollars nor more than ten thousand dollars or by  a  period  of
imprisonment  as  provided  in  the  penal law, or by both such fine and
imprisonment AND SHALL ALSO BE REQUIRED TO PARTICIPATE IN THE  STATEWIDE
IGNITION INTERLOCK DEVICE PROGRAM ESTABLISHED UNDER ARTICLE THIRTY-ONE-A
OF THIS TITLE FOR A MINIMUM OF THIRTY-SIX MONTHS.
  S  7. Section 1192-a of the vehicle and traffic law, as added by chap-
ter 196 of the laws of 1996, is amended to read as follows:
  S 1192-a. Operating a motor vehicle  after  having  consumed  alcohol;
under  the age of twenty-one; per se. No person under the age of twenty-
one shall operate a motor  vehicle  after  having  consumed  alcohol  as
defined  in  this  section. For purposes of this section, a person under
the age of twenty-one is deemed to have consumed alcohol  only  if  such
person  has  .02  of one per centum or more but not more than .07 of one
per centum by weight of alcohol in the person's blood, as shown by chem-
ical analysis of such person's blood,  breath,  urine  or  saliva,  made
pursuant to the provisions of section eleven hundred ninety-four of this
article.  Any  person  who operates a motor vehicle in violation of this
section, and who is not charged with a violation of any  subdivision  of
section  eleven  hundred  ninety-two  of this article arising out of the
same incident shall be referred to the department for action in  accord-
ance with the provisions of section eleven hundred ninety-four-a of this
article.  Except  as  otherwise  provided in subdivision five of section
eleven hundred ninety-two of this article, this section shall not  apply
to a person who operates a commercial motor vehicle. Notwithstanding any
provision  of law to the contrary, a finding that a person under the age
of twenty-one operated a motor vehicle after having consumed alcohol  in
violation of this section is not a judgment of conviction for a crime or
any  other  offense.    ANY  PERSON  WHO  IS  FOUND TO HAVE VIOLATED THE

A. 2633                             7

PROVISIONS OF THIS SECTION SHALL  BE  REQUIRED  TO  PARTICIPATE  IN  THE
STATEWIDE  IGNITION  INTERLOCK  DEVICE PROGRAM ESTABLISHED UNDER ARTICLE
THIRTY-ONE-A OF THIS TITLE FOR A MINIMUM OF TWELVE MONTHS IF IT IS THEIR
FIRST OFFENSE OR UNTIL HE OR SHE REACHES THE AGE OF TWENTY-ONE, WHICHEV-
ER  IS LATER, TWENTY-FOUR MONTHS FOR A SECOND OFFENSE OR UNTIL HE OR SHE
REACHES THE AGE OF TWENTY-ONE, WHICHEVER IS LATER, AND THIRTY-SIX MONTHS
FOR THIRD AND SUBSEQUENT OFFENSES OR UNTIL HE OR SHE REACHES THE AGE  OF
TWENTY-ONE, WHICHEVER IS LATER.
  S  8. Subparagraphs 1, 1-a, 2, and 3 of paragraph (b) of subdivision 2
of section 1193 of the  vehicle  and  traffic  law,  subparagraph  1  as
amended by chapter 173 of the laws of 1990, subparagraph 1-a as added by
chapter  75 of the laws of 1994, and subparagraphs 2 and 3 as amended by
chapter 732 of the laws of 2006, are amended to read as follows:
  (1) Driving while ability impaired; prior offense. [Six months] NINETY
DAYS, where the holder is convicted of a violation of subdivision one of
section eleven hundred ninety-two of this article committed within  five
years  of  a  conviction  for  a violation of any subdivision of section
eleven hundred ninety-two of this article.
  (1-a)  Driving  while  ability  impaired;  misdemeanor  offense.  [Six
months]  ONE  HUNDRED  TWENTY  DAYS,  where the holder is convicted of a
violation of subdivision one of section  eleven  hundred  ninety-two  of
this  article committed within ten years of two previous convictions for
a violation of any subdivision of section eleven hundred  ninety-two  of
this article.
  (2)  Driving  while  intoxicated or while ability impaired by drugs or
while ability impaired by the combined influence of drugs or of  alcohol
and  any  drug  or  drugs;  aggravated  driving  while intoxicated. [Six
months] NINETY DAYS, where the holder is convicted  of  a  violation  of
subdivision  two,  three, four or four-a of section eleven hundred nine-
ty-two of this article. One year where the  holder  is  convicted  of  a
violation  of  subdivision two-a of section eleven hundred ninety-two of
this article.
  (3) Driving while intoxicated or while ability impaired  by  drugs  or
while  ability impaired by the combined influence of drugs or of alcohol
and any drug or  drugs;  aggravated  driving  while  intoxicated;  prior
offense.  One  [year] HUNDRED TWENTY DAYS, where the holder is convicted
of a violation of subdivision two, three,  four  or  four-a  of  section
eleven  hundred ninety-two of this article committed within ten years of
a conviction for a violation of subdivision two, three, four  or  four-a
of  section  eleven  hundred  ninety-two  of this article.   ONE HUNDRED
EIGHTY DAYS, WHERE THE HOLDER IS CONVICTED OF A VIOLATION OF SUBDIVISION
TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS  ARTICLE
COMMITTED  WITHIN TEN YEARS OF TWO CONVICTIONS FOR A VIOLATION OF SUBDI-
VISION TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO  OF  THIS
ARTICLE.  Eighteen  months, where the holder is convicted of a violation
of subdivision two-a of section eleven hundred ninety-two of this  arti-
cle committed within ten years of a conviction for a violation of subdi-
vision two, two-a, three, four or four-a of section eleven hundred nine-
ty-two  of this article; or where the holder is convicted of a violation
of subdivision two, three, four or  four-a  of  section  eleven  hundred
ninety-two  of  this  article committed within ten years of a conviction
for a violation of subdivision two-a of section eleven  hundred  ninety-
two of this article.
  S  9. Subdivision 2 of section 510.30 of the criminal procedure law is
amended by adding a new paragraph (c) to read as follows:

A. 2633                             8

  (C) WHERE THE PRINCIPAL HAS BEEN CHARGED WITH A VIOLATION  OF  SECTION
ELEVEN  HUNDRED NINETY-TWO OR ELEVEN HUNDRED NINETY-TWO-A OF THE VEHICLE
AND TRAFFIC LAW,  THE  COURT  MUST  DETERMINE  THAT  THE  PRINCIPAL  HAS
COMPLIED  WITH  OR HAS TAKEN STEPS TO COMPLY WITH THE IGNITION INTERLOCK
DEVICE PROGRAM ESTABLISHED UNDER ARTICLE THIRTY-ONE-A OF THE VEHICLE AND
TRAFFIC LAW.
  S  10.  This  act  shall  take effect on the one hundred twentieth day
after it shall have become a  law,  provided,  however,  that  effective
immediately  the addition, amendment, and/or repeal of any rule or regu-
lation necessary for the timely implementation  of  this  act  upon  its
effective  date  are  hereby  authorized  and  directed to be made on or
before such effective date.