NY State Senate Bill 2009-S3108

Senate Bill S3108

2009-2010 Legislative Session

Requires that any person convicted of an alcohol related offense be required to participate in the ignition interlock device program

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Mar 11, 2009	referred to transportation

co-Sponsors

2009-S3108 (ACTIVE) - Details

See Assembly Version of this Bill:: A774
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1198 & 1193, V & T L

2009-S3108 (ACTIVE) - Summary

Requires that any person convicted of an alcohol related offense be required to participate in the ignition interlock device program; stipulates that failure to provide proof of compliance or a court finding of good cause for that failure may result in a court imposition of ninety-day sentences for each failure.

2009-S3108 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3108

 TITLE OF BILL :
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


 PURPOSE :
Amends the current law on ignition interlock device program from
applying to only seven counties to requiring that all persons
convicted of an alcohol related offense be required to participate in
the ignition interlock device program.

 SUMMARY OF PROVISION :

Subdivisions 1 and 2 and paragraph (a) of subdivision 4 of section
1198 of the Vehicle and Traffic Law, and subdivision 2 and paragraph
(a) of subdivision 4 and paragraph (a) of subdivision 2, and paragraph
(c) of subdivision i-a of section 1193 are amended by removing the
seven individual counties and language allowing other counties the
option to implement the program and substituting language that the
Ignition Interlock Device program shall apply to all persons convicted
of a violation of this section or section eleven hundred
ninety-eight-a of this article and that the court "shall" require the
program as a condition of such "sentence or" probation "regardless of

when such person's probation was ordered."

 EXISTING LAW :
Under existing law, the Ignition Interlock device program applies only
to persons sentenced by a court located in the counties of Albany,
Erie, Nassau, Onondaga, Monroe, Westchester or Suffolk. Existing law
also allows the remaining counties to implement the program is so
desired.  The existing law states that in addition to any other
penalties prescribed by law, the court "may" require that a person
install and maintain as a condition of probation, a functioning
ignition interlock device. If the person convicted does not comply
with the order to provide proof of installation of the device, the
court, in existing law, may revoke, modify or terminate the person's
sentence of probation.

 JUSTIFICATION :
The main reason why people continue to drive drunk today, despite 26
years of intense public education and law enforcement's best efforts,
is because they can. Research shows that one of the most effective
ways of stopping convicted drunk drivers from continuing to drive
drunk is through currently available interlock devices.

Only one out of eight convicted drunk drivers each year currently get
the device. There are approximately 100,000 interlocks currently in
service in the us. Interlocks have been shown to be effective in
Maryland, California and elsewhere with results ranging from 50 to 90
percent reductions in subsequent offenses by those offenders who were
assigned interlock devices, compared with those who were not.

Current law does not require the sentencing of all offenders to
participate in the Ignition Interlock Program; By amending the Vehicle
and Traffic Law to require the installation of the Ignition Interlock
Device for all individuals convicted of an alcohol related offense,
subsequent offenses by those offenders will be reduced.  Most
importantly, lives will be saved by ensuring that those convicted will
not be able to drive while under the influence.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Ninety days after it shall become law.

2009-S3108 (ACTIVE) - Bill Text download pdf

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

                                  3108

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 11, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- 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  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,
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02292-01-9

S. 3108                             2

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.

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Senate Bill S3108

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Sponsored By

Craig M. Johnson