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

                                   774

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. GUNTHER, GALEF, MOLINARO, JAFFEE, FIELDS, TITUS,
  ESPAILLAT, DelMONTE, MAISEL, ORTIZ,  HOOPER,  SPANO,  ALFANO,  WALKER,
  MILLER,  SALADINO  --  Multi-Sponsored by -- M. of A. AUBRY, BACALLES,
  BARRA, BENJAMIN, CONTE, CROUCH, GORDON, GREENE, MAGNARELLI,  McKEVITT,
  MILLMAN,  PHEFFER,  SWEENEY -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
  all individuals convicted of an alcohol related offense to participate
  in the ignition interlock device program

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

  Section 1. Subdivisions 1 and 2 and paragraph (a) of subdivision 4  of
section  1198  of the vehicle and traffic law, as amended by chapter 669
of the laws of 2007, are amended to read as follows:
  1.  Applicability. The provisions of this section shall apply through-
out the state to [each person required or otherwise ordered by  a  court
as a condition of probation to install and operate an ignition interlock
device  in  any  vehicle  which  he or she owns or operates] ALL PERSONS
CONVICTED OF A VIOLATION OF THIS SECTION OR SECTION ELEVEN HUNDRED NINE-
TY-EIGHT-A OF THIS ARTICLE.
  2. Requirements. (a) In addition to any other penalties prescribed  by
law,  the  court  [may]  SHALL  require  that  any  person  who has been
convicted of a violation of [subdivision two, two-a or three of] section
eleven hundred ninety-two OR ELEVEN HUNDRED NINETY-TWO-A of  this  arti-
cle,  or  any crime defined by this chapter or the penal law of which an
alcohol-related violation of any provision  of  section  eleven  hundred
ninety-two  of  this  article is an essential element, [and who has been
sentenced to a period of probation,] install and maintain, as  a  condi-
tion  of  SUCH  SENTENCE  OR probation, a functioning ignition interlock
device in accordance with the  provisions  of  this  section;  provided,

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

                                                           LBD02292-01-9

A. 774                              2

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 except as provided herein.
  (b)  Nothing  contained  in  this section shall prohibit a court, upon
application by a probation department, from modifying the conditions  of
probation  of  any  person convicted of any violation set forth in para-
graph (a) of this subdivision [prior  to  the  effective  date  of  this
section],  REGARDLESS  OF  WHEN  SUCH  PERSON'S PROBATION WAS ORDERED to
require the installation  and  maintenance  of  a  functioning  ignition
interlock  device,  and  such  person shall thereafter be subject to the
provisions of this section.
  (c) Nothing contained in this  section  shall  authorize  a  court  to
sentence any person to a period of probation for the purpose of subject-
ing  such  person  to the provisions of this section, unless such person
would have otherwise been so eligible for a sentence of probation.
  (a) [If the court imposed the use of an ignition interlock device as a
condition of probation it] THE COURT  shall  require  [the]  ANY  person
REQUIRED TO USE AN IGNITION INTERLOCK DEVICE to provide proof of compli-
ance  with  this section to the court and the probation department where
such person is under probation  supervision.  If  the  person  fails  to
provide for such proof of installation, absent a finding by the court of
good  cause  for  that failure which is entered in the record, the court
MAY IMPOSE ADDITIONAL NINETY DAY SENTENCES EACH TIME THE PERSON SO FAILS
TO COMPLY WITH THE COURT'S ORDER OR may revoke, modify, or terminate the
person's sentence of probation as provided under law.
  S 2. Paragraph (c) of subdivision 1-a of section 1193 of  the  vehicle
and  traffic  law,  as  amended  by  chapter 669 of the laws of 2007, is
amended to read as follows:
  (c) A court sentencing a person pursuant to [paragraph (a) or  (b)  of
this  subdivision]  THIS ARTICLE shall: (i) order the installation of an
ignition interlock device approved pursuant to  section  eleven  hundred
ninety-eight  of  this article in any motor vehicle owned or operated by
the person so sentenced. Such devices shall remain installed during  any
period  of  license  revocation required to be imposed pursuant to para-
graph (b) of subdivision two of this section, and, upon the  termination
of such revocation period, for an additional period as determined by the
court;  and  (ii)  order  that  such person receive an assessment of the
degree of their alcohol or substance abuse and  dependency  pursuant  to
the provisions of section eleven hundred ninety-eight-a of this article.
Where  such  assessment  indicates the need for treatment, such court is
authorized to impose treatment as a condition of  such  sentence  except
that  such  court shall impose treatment as a condition of a sentence of
probation or conditional discharge pursuant to the provisions of  subdi-
vision  three  of section eleven hundred ninety-eight-a of this article.
Any person ordered to install an ignition interlock device  pursuant  to
this  paragraph shall be subject to the provisions of subdivisions four,
five, seven, eight and nine of section eleven  hundred  ninety-eight  of
this article.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided that the amendments to section 1198  of  the
vehicle and traffic law made by section one of this act shall not affect
the repeal of such section and shall be deemed repealed therewith.