Senate Bill S1452

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

                                  1452

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens.  MAZIARZ, ALESI, FUSCHILLO, HANNON, LITTLE -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Transportation

AN  ACT to amend the vehicle and traffic law, in relation to the instal-
  lation of an ignition interlock device in connection with a conviction
  for driving under the influence of alcohol or drugs

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

  Section  1. Subdivision 1-a of section 1193 of the vehicle and traffic
law, as added by chapter 691 of the  laws  of  2002,  paragraph  (c)  as
amended by chapter 669 of the laws of 2007 and paragraph (d) as added by
chapter 732 of the laws of 2006, is amended to read as follows:
  1-a. Additional penalties. (a) Except as provided for in paragraph (b)
of  this  subdivision,  a  person who operates a vehicle in violation of
subdivision two [or], TWO-A, three, FOUR, FOUR-A OR SIX of section elev-
en hundred ninety-two of this article after having been convicted  of  a
violation  of subdivision two [or], TWO-A, three, FOUR, FOUR-A OR SIX of
such section within the preceding five years shall, in addition  to  any
other penalties which may be imposed pursuant to subdivision one of this
section,  be  sentenced to a term of imprisonment of five days or, as an
alternative to such imprisonment, be required to perform thirty days  of
service  for a public or not-for-profit corporation, association, insti-
tution or agency as set forth in paragraph (h)  of  subdivision  two  of
section  65.10  of  the  penal law as a condition of sentencing for such
violation. Notwithstanding the provisions of this paragraph, a  sentence
of  a  term  of  imprisonment  of  five  days  or  more  pursuant to the
provisions of subdivision one of this section shall be deemed to  be  in
compliance with this subdivision.
  (b)  A  person  who operates a vehicle in violation of subdivision two
[or], TWO-A, three, FOUR, FOUR-A OR SIX of section eleven hundred  nine-
ty-two  of this article after having been convicted on two or more occa-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01244-01-9
              

S. 1452                             2

sions of a violation of any of such subdivisions  within  the  preceding
five  years  shall,  in  addition  to  any  other penalties which may be
imposed pursuant to subdivision one of this section, be sentenced  to  a
term of imprisonment of ten days or, as an alternative to such imprison-
ment,  be required to perform sixty days of service for a public or not-
for-profit corporation, association, institution or agency as set  forth
in paragraph (h) of subdivision two of section 65.10 of the penal law as
a  condition  of  sentencing  for  such  violation.  Notwithstanding the
provisions of this paragraph, a sentence of a term  of  imprisonment  of
ten  days  or more pursuant to the provisions of subdivision one of this
section shall be deemed to be in compliance with this subdivision.
  (c) A court sentencing a person pursuant to paragraph (a)  or  (b)  of
this subdivision shall: (i) order the installation of an ignition inter-
lock  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 paragraph  (b)  of
subdivision two of this section, and, upon the termination of such revo-
cation  period, for an additional period [as determined by the court] OF
NOT LESS THAN SIX MONTHS WHERE SUCH PERSON HAS BEEN  SENTENCED  PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION AND FOR AN ADDITIONAL PERIOD OF NOT
LESS  THAN  ONE  YEAR  WHERE  SUCH PERSON HAS BEEN SENTENCED PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION;  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 condi-
tion 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 subdivision three of section eleven hundred nine-
ty-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.
  (d)  Confidentiality  of records. The provisions of subdivision six of
section eleven hundred ninety-eight-a of this article shall apply to the
records and content of all assessments and treatment conducted  pursuant
to this subdivision.
  (E)  A  COURT  SENTENCING: (I) A PERSON FOUND TO HAVE OPERATED A MOTOR
VEHICLE AFTER HAVING CONSUMED ALCOHOL IN  VIOLATION  OF  SECTION  ELEVEN
HUNDRED  NINETY-TWO-A OF THIS ARTICLE, WHO HAS PREVIOUSLY BEEN CONVICTED
OF A VIOLATION OF SUCH SECTION WHERE SUCH PERSON WAS UNDER  THE  AGE  OF
TWENTY-ONE AT THE TIME OF COMMISSION OF SUCH VIOLATION; OR (II) A PERSON
WHO  HAS BEEN CONVICTED OF A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE,
FOUR, FOUR-A OR SIX OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE
WHO 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, SHALL ORDER THE INSTALLATION OF AN IGNITION  INTERLOCK  DEVICE
APPROVED  PURSUANT TO SECTION ELEVEN HUNDRED NINETY-EIGHT  OF THIS ARTI-
CLE ON EACH MOTOR VEHICLE   OWNED  BY  THE  PERSON  SO  SENTENCED.  SUCH
DEVICES  SHALL  REMAIN INSTALLED DURING ANY PERIOD OF LICENSE SUSPENSION

S. 1452                             3

OR REVOCATION REQUIRED TO BE IMPOSED PURSUANT TO SUBDIVISION TWO OF THIS
SECTION, AND, UPON THE TERMINATION  OF  SUCH  SUSPENSION  OR  REVOCATION
PERIOD, FOR AN ADDITIONAL PERIOD OF NOT LESS THAN SIX MONTHS.
  S  2.  This  act  shall  take  effect  immediately  and shall apply to
offenses committed on and after such date.