S T A T E   O F   N E W   Y O R K
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                                  5833

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by  M.  of A. McKEVITT, KOLB, ERRIGO, FINCH, GIGLIO, WALKER,
  ALFANO, BARRA -- Multi-Sponsored by  --  M.  of  A.  CALHOUN,  CROUCH,
  HAWLEY,  P. LOPEZ,  McDONOUGH,  MILLER, OAKS, THIELE, TOWNSEND -- read
  once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the  suspen-
  sion  and  restoration  of  a  driver's  license following a second or
  subsequent DWI conviction

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

  Section 1. Subparagraph 3 of paragraph (b) of subdivision 2 of section
1193  of  the  vehicle and traffic law, as amended by chapter 732 of the
laws of 2006, is amended to read as follows:
  (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
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 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 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  subdivi-
sion two-a of section eleven hundred ninety-two of this article.
  S 2.  Section 1196 of the vehicle and traffic law is amended by adding
a new subdivision 8 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09184-01-9

              

A. 5833                             2

  8.  RESTORATION OF LICENSE. NOTWITHSTANDING ANY INCONSISTENT PROVISION
OF THIS CHAPTER, WHEN RESTORING A LICENSE WHICH HAS BEEN REVOKED FOLLOW-
ING A SECOND OR SUBSEQUENT CONVICTION OF A VIOLATION OF SUBDIVISION TWO,
THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTI-
CLE  OR  A  FINDING  OF REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO
SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE, WHICH WAS  COMMITTED
WITHIN  TEN  YEARS  OF  ANY SUCH PRIOR CONVICTION OR FINDING OF CHEMICAL
TEST REFUSAL, THE COMMISSIONER  MAY,  IN  LIEU  OF  ISSUING  A  DRIVER'S
LICENSE  PURSUANT  TO  ARTICLE  NINETEEN OF THIS CHAPTER, ISSUE A CONDI-
TIONAL DRIVER'S LICENSE  AS  DESCRIBED  IN  SUBDIVISION  SEVEN  OF  THIS
SECTION.  IN  ADDITION  TO THE CONDITIONS SET FORTH IN SUCH SUBDIVISION,
THE COMMISSIONER  MAY  ESTABLISH  OTHER  REASONABLE  CONDITIONS  TO  THE
CONTINUED  HOLDING  OF  SUCH LICENSE, INCLUDING, BUT NOT LIMITED TO, THE
HOLDER'S PERIODIC DEMONSTRATION THAT THE HOLDER IS CONTINUING TO PARTIC-
IPATE SATISFACTORILY IN ALCOHOLISM  OR  SUBSTANCE  ABUSE  COUNSELING  OR
TREATMENT.  THE PROVISIONS OF PARAGRAPH (E) OF SUBDIVISION SEVEN OF THIS
SECTION SHALL BE APPLICABLE TO ANY SUCH LICENSE. THE COMMISSIONER  SHALL
DETERMINE  THE  PERIOD  OF  VALIDITY  OF SUCH LICENSE, WHICH IN NO EVENT
SHALL BE GREATER THAN ONE YEAR, AFTER WHICH TIME  THE  COMMISSIONER  MAY
ISSUE THE HOLDER A LICENSE PURSUANT TO ARTICLE NINETEEN OF THIS CHAPTER.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.