S T A T E O F N E W Y O R K
________________________________________________________________________
4857
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. ALESSI -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to increasing
the minimum period of license revocation for certain driving while
intoxicated convictions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraphs 2, 3, 4, clause (A) of subparagraph 4-a and
clause (i) of subparagraph 5 of paragraph (b) of subdivision 2 of
section 1193 of the vehicle and traffic law, subparagraphs 2 and 3 as
amended by chapter 732 of the laws of 2006, subparagraph 4 as amended
and clause (A) of subparagraph 4-a as added by chapter 26 of the laws of
1996, and clause (i) of subparagraph 5 as amended by section 3 of part J
of chapter 59 of the laws of 2006, are amended to read as follows:
(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] NINE
months, where the holder is convicted of a violation of subdivision two,
three, four or four-a of section eleven hundred ninety-two of this arti-
cle. [One year] EIGHTEEN MONTHS 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] EIGHTEEN MONTHS, 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. [Eighteen months] TWO
YEARS, where the holder is convicted of a violation of subdivision two-a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07090-03-9
A. 4857 2
of section eleven hundred ninety-two of this article committed within
ten years of a conviction for a violation of subdivision two, two-a,
three, four or four-a of section eleven hundred ninety-two of this arti-
cle; 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 arti-
cle committed within ten years of a conviction for a violation of subdi-
vision two-a of section eleven hundred ninety-two of this article.
(4) Special vehicles other than school buses. [One year] EIGHTEEN
MONTHS, where the holder is convicted of a violation of any subdivision
of section eleven hundred ninety-two of this article and is sentenced
pursuant to subparagraph one of paragraph (d) of subdivision one of this
section.
(A) [One year] EIGHTEEN MONTHS, where the holder is convicted of a
violation of any subdivision of section eleven hundred ninety-two of
this article, such violation was committed while the holder was driving
a school bus, and the holder is sentenced pursuant to subparagraph one,
one-a or four-a of paragraph (d) of subdivision one of this section.
(i) Except as otherwise provided in this subparagraph, [one year]
EIGHTEEN MONTHS where the holder of a commercial driver's license is
convicted of a violation of any subdivision of section eleven hundred
ninety-two of this article or if such holder is convicted of an offense
consisting of operating a motor vehicle under the influence of alcohol
or drugs where such conviction was had outside of this state.
S 2. Subparagraph 8 of paragraph (b) of subdivision 2 of section 1193
of the vehicle and traffic law, as amended by section 1 of chapter 287
of the laws of 2000, is amended to read as follows:
(8) Out-of-state offenses. Except as provided in subparagraph six or
seven of this paragraph: (i) [ninety] ONE HUNDRED TWENTY days, where the
holder is convicted of an offense consisting of operating a motor vehi-
cle under the influence of intoxicating liquor where the conviction was
had outside this state and (ii) [six] NINE months, where the holder is
convicted of, or receives a youthful offender or other juvenile adjudi-
cation, which would have been a misdemeanor or felony if committed by an
adult, in connection with, an offense consisting of operating a motor
vehicle under the influence of or while impaired by the use of drugs
where the conviction or youthful offender or other juvenile adjudication
was had outside this state.
S 3. Subparagraph 8 of paragraph (b) of subdivision 2 of section 1193
of the vehicle and traffic law, as amended by section 2 of chapter 287
of the laws of 2000, is amended to read as follows:
(8) Out-of-state offenses. Except as provided in subparagraph six or
seven of this paragraph, [ninety] ONE HUNDRED TWENTY days, where the
holder is convicted of an offense consisting of operating a motor vehi-
cle under the influence of intoxicating liquor or drugs where the
conviction was had outside this state.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law; provided, however,
that:
(a) the amendments to subparagraph 8 of paragraph (b) of subdivision 2
of section 1193 of the vehicle and traffic law made by section two of
this act shall be subject to the expiration and reversion of such
subparagraph pursuant to section 9 of chapter 533 of the laws of 1993,
as amended, when upon such date the provisions of section three of this
act shall take effect; and
(b) the provisions of this act shall apply to out-of-state convictions
occurring on or after such effective date.