S T A T E O F N E W Y O R K
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5622
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. MOLINARO, KOLB, ALFANO, CROUCH, McKEVITT, SPANO,
TOBACCO, GIGLIO -- Multi-Sponsored by -- M. of A. BALL, BARRA, BROOK-
KRASNY, CONTE, FINCH, MAYERSOHN, MILLER, TEDISCO, WALKER, WEISENBERG
-- 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, 4-a, 5, 6 and 7 of paragraph (b) of
subdivision 2 of section 1193 of the vehicle and traffic law, subpara-
graphs 2 and 3 as amended by chapter 732 of the laws of 2006, subpara-
graph 4 as amended and subparagraph 4-a as added by chapter 26 of the
laws of 1996, subparagraph 5 as amended by section 3 of part J of chap-
ter 59 of the laws of 2006, and subparagraphs 6 and 7 as amended by
chapter 287 of the laws of 2000, 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
months] ONE YEAR, where the holder is convicted of a violation of subdi-
vision two, three, four or four-a of section eleven hundred ninety-two
of this article. [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] TWO YEARS, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07090-01-9
A. 5622 2
section eleven hundred ninety-two of this article. [Eighteen months]
THREE YEARS, where the holder is convicted of a violation of subdivision
two-a 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 article; or where the holder is convicted of a violation of subdi-
vision 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.
(4) Special vehicles other than school buses. [One year] TWO YEARS,
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.
(4-a) School buses. (A) [One year] TWO YEARS, 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 hold-
er 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.
(B) [Three] SIX years 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 four of paragraph
(d) of subdivision one of this section.
(C) Notwithstanding the provisions of the opening paragraph of this
paragraph [(b)], the commissioner shall not revoke the registration of a
school bus driven in violation of section eleven hundred ninety-two of
this article.
(5) Holder of a commercial driver's license. (i) Except as otherwise
provided in this subparagraph, [one year] TWO YEARS where the holder of
a commercial driver's license is convicted of a violation of any subdi-
vision of section eleven hundred ninety-two of this article or if such
holder is convicted of an offense consisting of operating a motor vehi-
cle under the influence of alcohol or drugs where such conviction was
had outside of this state.
(ii) [Three] SIX years, 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 operating a commercial
motor vehicle transporting hazardous materials 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.
(6) Persons under the age of twenty-one. [One year] TWO YEARS, where
the holder is convicted of or adjudicated a youthful offender for a
violation of any subdivision of section eleven hundred ninety-two of
this article, or is convicted of or receives a youthful offender or
other juvenile adjudication for an offense consisting of operating a
motor vehicle under the influence of intoxicating liquor where the
conviction, or youthful offender or other juvenile adjudication was had
outside this state, where such person was under the age of twenty-one at
the time of commission of such violation.
(7) Persons under the age of twenty-one; prior offense or finding.
[One year] TWO YEARS or until the holder reaches the age of twenty-one,
whichever is the greater period of time, where the holder has been found
A. 5622 3
to have operated a motor vehicle after having consumed alcohol in
violation of section eleven hundred ninety-two-a of this article, or is
convicted of, or adjudicated a youthful offender for, a violation of any
subdivision of section eleven hundred ninety-two of this article, or is
convicted of or receives a youthful offender or juvenile adjudication
for an offense consisting of operating a motor vehicle under the influ-
ence of intoxicating liquor where the conviction, or youthful offender
or other juvenile adjudication was had outside this state, where such
person was under the age of twenty-one at the time of commission of such
violation and has previously been found to have operated a motor vehicle
after having consumed alcohol in violation of section eleven hundred
ninety-two-a of this article, or has previously been convicted of, or
adjudicated a youthful offender for, any violation of section eleven
hundred ninety-two of this article not arising out of the same incident,
or has previously been convicted of or received a youthful offender or
juvenile adjudication for an offense consisting of operating a motor
vehicle under the influence of intoxicating liquor when the conviction,
or youthful offender or other juvenile adjudication was had outside this
state and not arising out of the same.
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 days] SIX MONTHS, where the holder
is convicted of an offense consisting of operating a motor vehicle under
the influence of intoxicating liquor where the conviction was had
outside this state and (ii) [six months] ONE YEAR, 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 days] SIX MONTHS, where the holder is
convicted of an offense consisting of operating a motor vehicle 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 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 provided, further, however, that the
provisions of this act shall apply to out-of-state convictions occurring
on or after such effective date.