S T A T E O F N E W Y O R K
________________________________________________________________________
6525
2009-2010 Regular Sessions
I N A S S E M B L Y
March 6, 2009
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Introduced by M. of A. GIGLIO, ERRIGO, TOWNSEND, BALL -- Multi-Sponsored
by -- M. of A. McDONOUGH -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to mandatory
imprisonment for driving while intoxicated and mandatory license revo-
cations for repeat offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 1 of section 1193 of the vehi-
cle and traffic law, as amended by chapter 669 of the laws of 2007, is
amended to read as follows:
(b) 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; misdemeanor
offenses. A violation of subdivision two, three, four or four-a of
section eleven hundred ninety-two of this article shall be a misdemeanor
and shall be punishable by a fine of not less than five hundred dollars
nor more than one thousand dollars, [or] AND by imprisonment in a peni-
tentiary or county jail for [not more than one year, or by both such
fine and imprisonment] TWO CONSECUTIVE WEEKENDS, BEGINNING AT SIX
O'CLOCK IN THE AFTERNOON ON FRIDAY AND ENDING AT SIX O'CLOCK IN THE
AFTERNOON ON SUNDAY. A violation of subdivision two-a of section eleven
hundred ninety-two of this article shall be a misdemeanor and shall be
punishable by a fine of not less than one thousand dollars nor more than
two thousand five hundred dollars or by imprisonment in a penitentiary
or county jail for not more than one year, or by both such fine and
imprisonment. In addition to the imposition of any fine or period of
imprisonment set forth in this paragraph, the court shall require that
any person who has been convicted of a violation of subdivision two-a of
section eleven hundred ninety-two of this article and who is sentenced
to a period of probation, to install and maintain, as a condition of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05168-01-9
A. 6525 2
such probation and in accordance with section eleven hundred ninety-
eight of this article, a functioning ignition interlock device in any
vehicle owned or operated by the person during the term of such
probation; provided, however, the court may not authorize the operation
of a motor vehicle by any person whose license or privilege to operate a
motor vehicle has been revoked pursuant to the provisions of this
section.
S 2. Paragraph (b) of subdivision 2 of section 1193 of the vehicle and
traffic law is amended by adding two new subparagraphs 3-a and 3-b to
read as follows:
(3-A) THIRD TIME VIOLATORS. FIVE YEARS, WHERE THE HOLDER IS CONVICTED
OF A VIOLATION OF SUBDIVISION TWO, THREE OR FOUR OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THIS ARTICLE AND HAS PREVIOUSLY BEEN CONVICTED OF
TWO OR MORE SEPARATE VIOLATIONS OF SUBDIVISION TWO, THREE OR FOUR OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE WITHIN THE PREVIOUS
TEN YEARS.
(3-B) FOURTH TIME VIOLATORS. PERMANENT, WHERE THE HOLDER IS CONVICTED
OF A VIOLATION OF SUBDIVISION TWO, THREE OR FOUR OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THIS ARTICLE AND HAS PREVIOUSLY BEEN CONVICTED OF
THREE OR MORE SEPARATE VIOLATIONS OF SUBDIVISION TWO, THREE OR FOUR OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE WITHIN THE PREVIOUS
TEN YEARS.
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.