S T A T E   O F   N E W   Y O R K
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                                  5866

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by M. of A. McKEVITT, WALKER, KOLB, ALFANO, GABRYSZAK, McDO-
  NOUGH, GIGLIO -- Multi-Sponsored  by  --  M.  of  A.  BARCLAY,  BARRA,
  CROUCH, HAWLEY -- read once and referred to the Committee on Transpor-
  tation

AN  ACT  to amend the vehicle and traffic law, in relation to increasing
  fines and license revocation  periods  for  repeat  alcohol  and  drug
  related offenses

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

  Section 1. Subparagraph (i) of  paragraph  (c)  of  subdivision  1  of
section  1193  of the vehicle and traffic law, as amended by chapter 345
of the laws of 2007, is amended to read as follows:
  (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]
TWENTY-FIVE HUNDRED 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.
  S 2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09181-01-9
              

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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] WHERE the holder is convicted of a violation of subdivision  two,
TWO-A,  three,  four  or  four-a of section eleven hundred ninety-two of
this article [committed] AFTER HAVING BEEN CONVICTED TWO OR  MORE  TIMES
OF  A  VIOLATION  OF  SUBDIVISION  TWO,  TWO-A, THREE, FOUR OR FOUR-A OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE within  THE  PRECEDING
ten  years  [of  a  conviction  for  a violation of subdivision two-a of
section eleven hundred ninety-two of this article], SUCH HOLDER SHALL BE
PERMANENTLY DISQUALIFIED FROM OPERATING A MOTOR VEHICLE.
  S 3. Subparagraph 3 of paragraph (e) of subdivision 2 of section  1193
of the vehicle and traffic law, as amended by chapter 173 of the laws of
1990  and  clause  b as amended by section 17 of part E of chapter 60 of
the laws of 2005, is amended to read as follows:
  (3) Permanent disqualification from operating certain motor  vehicles.
a.  ANY  PERSON SENTENCED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (C)
OF SUBDIVISION ONE OF THIS SECTION  SHALL  BE  PERMANENTLY  DISQUALIFIED
FROM  OPERATING A MOTOR VEHICLE. IN ADDITION, THE COMMISSIONER SHALL NOT
ISSUE SUCH PERSON A LICENSE VALID FOR  THE  OPERATION  OF  ANY  VEHICLE.
HOWEVER,  THE  COMMISSIONER MAY WAIVE SUCH DISQUALIFICATION AND PROHIBI-
TION HEREINBEFORE PROVIDED AFTER A PERIOD OF TEN YEARS HAS EXPIRED  FROM
SUCH SENTENCE AND MAY ISSUE A PERMANENTLY PROBATIONARY LICENSE PROVIDED:
  (I)  THAT DURING SUCH TEN YEAR PERIOD SUCH PERSON HAS NOT VIOLATED ANY
OF THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-TWO OF  THIS  ARTICLE
OR  ANY  ALCOHOL OR DRUG RELATED TRAFFIC OFFENSE IN THIS STATE OR IN ANY
JURISDICTION OUTSIDE THIS STATE;
  (II) THAT SUCH PERSON PROVIDES ACCEPTABLE DOCUMENTATION TO THE COMMIS-
SIONER THAT SUCH PERSON IS NOT IN NEED OF ALCOHOL OR DRUG  TREATMENT  OR
HAS SATISFACTORILY COMPLETED A PRESCRIBED COURSE OF SUCH TREATMENT; AND
  (III) AFTER SUCH DOCUMENTATION IS ACCEPTED, THAT SUCH PERSON IS GRANT-
ED  A CERTIFICATE OF RELIEF FROM DISABILITIES AS PROVIDED FOR IN SECTION
SEVEN HUNDRED ONE OF THE CORRECTION LAW  BY  THE  COURT  IN  WHICH  SUCH
PERSON  WAS  LAST PENALIZED PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE
OF THIS SECTION.
  B. Except as otherwise provided herein, in addition to any  revocation
set forth in subparagraph four or five of paragraph (b) of this subdivi-
sion,  any  person sentenced pursuant to subparagraph three of paragraph
(d) of subdivision one of this section shall be permanently disqualified
from operating any vehicle set forth in such paragraph. In addition, the
commissioner shall not issue such person a license valid for the  opera-
tion  of any vehicle set forth therein by such person.  The commissioner
may waive such disqualification and  prohibition  hereinbefore  provided
after a period of five years has expired from such sentencing provided:
  (i) that during such five year period such person has not violated any
of  the  provisions of section eleven hundred ninety-two of this article
or any alcohol or drug related traffic offense in this state or  in  any
jurisdiction outside this state;

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  (ii) that such person provides acceptable documentation to the commis-
sioner  that  such person is not in need of alcohol or drug treatment or
has satisfactorily completed a prescribed course of such treatment; and
  (iii) after such documentation is accepted, that such person is grant-
ed  a certificate of relief from disabilities as provided for in section
seven hundred one of the correction law  by  the  court  in  which  such
person  was  last penalized pursuant to paragraph (d) of subdivision one
of this section.
  [b] C.  Any person who holds a  commercial  driver's  license  and  is
convicted  of  a  violation of any subdivision of section eleven hundred
ninety-two of this article who has had a prior  finding  of  refusal  to
submit to a chemical test pursuant to section eleven hundred ninety-four
of  this  article  or has had a prior conviction of any of the following
offenses:  any violation of section eleven hundred  ninety-two  of  this
article;  any violation of subdivision one or two of section six hundred
of this chapter; or has a prior conviction of any felony  involving  the
use  of  a motor vehicle pursuant to paragraph (a) of subdivision one of
section five  hundred  ten-a  of  this  chapter,  shall  be  permanently
disqualified from operating a commercial motor vehicle. The commissioner
may  waive  such  disqualification and prohibition hereinbefore provided
after a period of ten years has expired from such sentence provided:
  (i) that during such ten year period such person has not been found to
have refused a chemical test pursuant to section eleven hundred  ninety-
four  of  this  article while operating a motor vehicle and has not been
convicted of any one of the following offenses while operating  a  motor
vehicle:  any  violation  of  section  eleven hundred ninety-two of this
article; any violation of subdivision one or two of section six  hundred
of  this  chapter; or has a prior conviction of any felony involving the
use of a motor vehicle pursuant to paragraph (a) of subdivision  one  of
section five hundred ten-a of this chapter;
  (ii) that such person provides acceptable documentation to the commis-
sioner  that  such person is not in need of alcohol or drug treatment or
has satisfactorily completed a prescribed course of such treatment; and
  (iii) after such documentation is accepted, that such person is grant-
ed a certificate of relief from disabilities as provided for in  section
seven  hundred  one  of  the  correction  law by the court in which such
person was last penalized pursuant to paragraph (d) of  subdivision  one
of this section.
  [c]  D.    Upon a third finding of refusal and/or conviction of any of
the offenses which require a permanent commercial driver's license revo-
cation, such permanent revocation may not be waived by the  commissioner
under any circumstances.
  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.