S T A T E O F N E W Y O R K
________________________________________________________________________
5345
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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Introduced by M. of A. KOON -- Multi-Sponsored by -- M. of A. COOK,
GALEF, HOOPER, LAVINE, MAYERSOHN -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring
persons convicted of driving while intoxicated who are injured as a
result of such offense and who are medically transported to a hospital
to pay for such transport and other pre-hospital medical bills before
their license to drive can be reissued to them
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (c) of subdivision 2 of section 1193 of the vehi-
cle and traffic law is amended by adding a new subparagraph 4 to read as
follows:
(4) IN NO EVENT SHALL A NEW LICENSE BE ISSUED OR A FORMER LICENSE BE
RESTORED TO A PERSON WHO HAS BEEN CONVICTED OF A VIOLATION OF SUBDIVI-
SION TWO OR THREE, OR BOTH SUBDIVISION TWO AND SUBDIVISION THREE, OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE WHERE PHYSICAL INJURY
TO SUCH CONVICTED PERSON RESULTED FROM SUCH OFFENSE WHICH INJURY
RESULTED IN THE TRANSPORT OF SUCH PERSON BY AMBULANCE OR OTHER MEDICAL
TRANSPORT TO A HOSPITAL, UNLESS ALL BILLS FOR SUCH TRANSPORT AND ANY
OTHER PRE-HOSPITAL MEDICAL EXPENSES HAVE BEEN PAID PRIOR TO THE DATE
SUCH PERSON APPLIES FOR A NEW LICENSE OR FOR RESTORATION OF THE FORMER
LICENSE AND UNLESS PROOF OF THE PAYMENT OF SUCH BILLS IS SUBMITTED TO
THE DEPARTMENT WITH SUCH APPLICATION.
S 2. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and
traffic law, as amended by section 8 of chapter 732 of the laws of 2006,
is amended to read as follows:
(c) Reissuance of licenses; restrictions. Where a license is revoked
pursuant to paragraph (b) of this subdivision, no new license shall be
issued after the expiration of the minimum period specified in such
paragraph, except in the discretion of the commissioner; provided,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02234-01-9
A. 5345 2
however, that in no event shall a new license be issued where a person
has been twice convicted of a violation of subdivision three, four or
four-a of section eleven hundred ninety-two of this article or of driv-
ing while intoxicated or of driving while ability is impaired by the use
of a drug or of driving while ability is impaired by the combined influ-
ence of drugs or of alcohol and any drug or drugs where physical injury,
as defined in section 10.00 of the penal law, has resulted from such
offense in each instance. IN NO EVENT SHALL A NEW LICENSE BE ISSUED OR A
FORMER LICENSE BE RESTORED TO A PERSON WHO HAS BEEN CONVICTED OF A
VIOLATION OF SUBDIVISION TWO OR THREE, OR BOTH SUBDIVISION TWO AND
SUBDIVISION THREE, OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE
WHERE PHYSICAL INJURY TO SUCH CONVICTED PERSON RESULTED FROM SUCH
OFFENSE WHICH INJURY RESULTED IN THE TRANSPORT OF SUCH PERSON BY AMBU-
LANCE OR OTHER MEDICAL TRANSPORT TO A HOSPITAL, UNLESS ALL BILLS FOR
SUCH TRANSPORT AND ANY OTHER PRE-HOSPITAL MEDICAL EXPENSES HAVE BEEN
PAID PRIOR TO THE DATE SUCH PERSON APPLIES FOR A NEW LICENSE OR FOR
RESTORATION OF THE FORMER LICENSE AND UNLESS PROOF OF THE PAYMENT OF
SUCH BILLS IS SUBMITTED TO THE DEPARTMENT WITH SUCH APPLICATION.
S 3. This act shall take effect September 1, 2010, provided that the
amendment to paragraph (c) of subdivision 2 of section 1193 of the vehi-
cle and traffic law made by section one of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 9 of
chapter 533 of the laws of 1993, as amended, when upon such date the
provisions of section two of this act shall take effect.