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

                                 5141--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced by Sens. FUSCHILLO, SQUADRON -- read twice and ordered print-
  ed,  and  when printed to be committed to the Committee on Transporta-
  tion -- recommitted to the Committee on Transportation  in  accordance
  with  Senate  Rule 6, sec. 8 -- reported favorably from said committee
  and committed to the Committee on Codes  --  reported  favorably  from
  said  committee and committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the vehicle and traffic law, in  relation  to  sanctions
  for driving while ability impaired while holding a conditional license

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

  Section 1. Clauses d and e of  subparagraph  7  of  paragraph  (e)  of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by chapter 251 of the laws of 2007, are amended to read as follows:
  d.  Notwithstanding  any  contrary  provision  of this chapter, if any
suspension occurring under this subparagraph has been in  effect  for  a
period  of  thirty  days, [the holder may be issued] THE DEPARTMENT MAY,
WITH THE CONSENT OF THE COURT, ISSUE a conditional license,  in  accord-
ance  with  section  eleven hundred ninety-six of this article, provided
the holder of such license is otherwise eligible to receive such  condi-
tional  license.  A conditional license issued pursuant to this subpara-
graph shall not be valid for the operation of a commercial  motor  vehi-
cle.  The  commissioner shall prescribe by regulation the procedures for
the issuance of such conditional license.
  e. If the court finds that the suspension  imposed  pursuant  to  this
subparagraph  will result in extreme hardship, the court must issue such
suspension, but may grant a hardship privilege, IN CONJUNCTION WITH  THE
INSTALLATION OF AN IGNITION INTERLOCK DEVICE, which shall be issued on a
form  prescribed  by  the commissioner. For the purposes of this clause,
"extreme hardship" shall mean the inability to obtain alternative  means

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11130-03-0
              

S. 5141--A                          2

of  travel to or from the licensee's employment, or to or from necessary
medical treatment for the licensee or a member of the licensee's  house-
hold,  or  if  the  licensee  is  a matriculating student enrolled in an
accredited  school,  college  or  university  travel  to  or  from  such
licensee's school, college or university if such travel is necessary for
the completion of the educational degree or certificate. The  burden  of
proving  extreme hardship shall be on the licensee who may present mate-
rial and relevant evidence. A finding of extreme  hardship  may  not  be
based  solely  upon  the  testimony  of  the licensee. In no event shall
arraignment be adjourned or otherwise delayed more than  three  business
days solely for the purpose of allowing the licensee to present evidence
of  extreme  hardship.  The  court  shall  set forth upon the record, or
otherwise set forth in writing, the factual basis for such finding.  The
hardship  privilege  shall  permit  the  operation of a vehicle only for
travel to or from the licensee's employment, or  to  or  from  necessary
medical  treatment for the licensee or a member of the licensee's house-
hold, or if the licensee is  a  matriculating  student  enrolled  in  an
accredited  school,  college  or  university  travel  to  or  from  such
licensee's school, college or university if such travel is necessary for
the completion of the educational  degree  or  certificate.  A  hardship
privilege  shall  not  be  valid for the operation of a commercial motor
vehicle. A PRE-CONVICTION IGNITION INTERLOCK DEVICE  INSTALLED  PURSUANT
TO  THIS  CLAUSE SHALL BE INSTALLED AND MAINTAINED IN THE SAME MANNER AS
PRESCRIBED IN THIS ARTICLE.
  S 2. This act shall take effect one year after it shall have become  a
law;  provided,  however,  that  the  amendments  to  clauses d and e of
subparagraph 7 of paragraph (e) of subdivision 2 of section 1193 of  the
vehicle and traffic law made by section one of this act shall not affect
the repeal of such subparagraph and shall be deemed repealed therewith.