NY State Senate Bill 2009-S66008

Senate Bill S66008

Signed By Governor

2009-2010 Legislative Session

Relates to operating a motor vehicle while under the influence of alcohol or drugs with a child passenger

download bill text pdf

Archive: Last Bill Status Via A40008 - Signed by Governor

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
Nov 18, 2009	signed chap.496 delivered to governor returned to assembly passed senate message of necessity - 3 day message 3rd reading cal.7 substituted for s66008
Nov 18, 2009	substituted by a40008 ordered to third reading cal.7
Nov 17, 2009	referred to rules

Votes

- Nov 18, 2009 - Floor Vote
  A40008
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Nov 18, 2009
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (3)
      
      Diaz
      
      Golden
      
      Montgomery
  Nov 18, 2009 - Rules Committee Vote
  S66008
  
  23
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Nov 18, 2009
      
      aye (23)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Monserrate
      
      Padavan
      
      Parker
      
      Saland
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      excused (1)
      
      Montgomery

co-Sponsors

View additional co-sponsors

2009-S66008 (ACTIVE) - Details

See Assembly Version of this Bill:: A40008
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1192, 1193, 1198 & 1198-a, V & T L; amd §§120.04, 120.04-a, 125.13 & 125.14, add §§60.36 & 60.21, Pen L; amd §259-c, Exec L

2009-S66008 (ACTIVE) - Summary

Relates to operating a motor vehicle while under the influence of alcohol or drugs with a child passenger; provides for installation of ignition interlock device as a term of probation in certain instances.

2009-S66008 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S66008

 TITLE OF BILL :
An act to amend the vehicle and traffic law and the penal law, in
relation to operating a motor vehicle while under the influence of
alcohol or drugs with a child as a passenger and to amend the
executive law, in relation to installation of an ignition interlock
device

 PURPOSE OF THE BILL :
This bill would create a new aggravated driving while intoxicated
offense for a person who operates a vehicle while intoxicated by
alcohol, impaired by drugs, or a combination of both while a child is
a passenger in the vehicle, which would be a class E felony. In
addition the bill requires that all individuals convicted of
misdemeanor and felony DWI offenses to install and maintain an
ignition interlock device.

 SUMMARY OF PROVISIONS OF THE BILL :
Section 1 of the bill amends Vehicle & Traffic Law (VTL) § 1192(2-a)
to add a new paragraph (b), creating the crime of aggravated driving
while intoxicated with a child.

Section 2 of the bill amends VTL § 1192(12) to require a law
enforcement officer to note when a child or person other than the
offender has been killed or suffered serious physical injury; or when

a child of fifteen years or under is present in the vehicle at the
time of the arrest, and, when the operator of the vehicle is the
parent, guardian, or custodian of such child, to make an appropriate
report to the Department of Social Services.

Section 3 of the bill amends VTL § 1193(1)(b) and (c) to provide that
aggravated driving while intoxicated with a child in violation of VTL
§ 1192(2-a)(b) with a child is a class E felony. Section 3 of the bill
also requires that, in addition to any fine or period of imprisonment
for a conviction of subdivisions two, two-a or three of VTL §1192, the
court shall also sentence such person to probation or conditional
discharge, a condition of which shall be the installation and
maintenance of an ignition interlock device for a period of at least
six months. Any person charged with aggravated driving while
intoxicated with a child would be prohibited from receiving a reduced
charge to a non-criminal violation.

Section 4 of the bill amends VTL § 1193(1) to require the Department
of Probation and Correctional Alternatives to promulgate regulations
for the monitoring of compliance by persons who are ordered to install
and maintain an ignition interlock device, which shall provide
counties with options on how to do such monitoring.

Section 5 of the bill amends VTL § 1198(5)(1),(2), (3)(4) and (5)(a)
to require that a court order a person convicted of a violation VTL
§1192 (2), (2-a) or (3) install and maintain a ignition interlock
device on any vehicle he or she owns or operates. This section also
provides that the cost of the ignition interlock device shall be borne
by the offender unless such offender is determined by the court to be
financially unable to afford the cost. Further, the circumvention of
such a device or the operation of a vehicle in which an ignition
interlock device has not been installed is a class A misdemeanor.

Section 5-a of the bill amends VTL § 1198(8) and (9) to make various
offenses arising out of non-compliance with interlock requirements and
tampering with such devices a Class A misdemeanor.

Section 6 of the bill amends VTL § 1198-a(2) to provide for the
screening and assessment for alcohol or substance abuse and dependency

upon a charge of aggravated driving while intoxicated with a child in
the second and first degrees.

Section 7 of the bill amends Penal Law § 120.04, vehicular assault in
the first degree, a class D felony, to include a person who commits
the crime of vehicular assault in the second degree and causes serious
physical injury to a passenger who is a child fifteen years of age or
less.

Section 8 of the bill amends Penal Law § 120.04, aggravated vehicular
assault, a class C felony, to include a person who commits the crime
of vehicular assault in the second degree and engages in reckless
driving and causes serious physical injury to a passenger who is a
child fifteen years of age or less.

Section 9 of the bill amends Penal Law § 125.13, vehicular
manslaughter in the first degree, a class C felony, to include a
person who commits the crime of vehicular manslaughter in the second
degree and causes the death of a passenger who is a child fifteen
years of age or less.

Section 10 of the bill amends Penal Law § 125.14, aggravated vehicular
homicide, a class B felony, to include a person who commits the crime
of vehicular manslaughter, engages in reckless driving and causes the
death of a passenger who is a child fifteen years of age or less.

Section 11 of the bill amends Executive Law § 259-c to require a
person who is released on parole or conditional release, following a
conviction for Penal Law §§ 120.03, 120.04, 120.04-a, 125.12, 125.13,
125.14 or a conviction for aggravated driving while intoxicated with a
child, to install and maintain an ignition interlock device as a
condition of that release.

Section 12 of the bill would amend Penal Law § 60.36 to provide that
when a court orders the installation and maintenance of an ignition
interlock device for a violation of VTL § 1192(2)(2-a) or (3), it may
also impose any other penalty authorized under VTL § 1193.

Section 13 of the bill would add a new section 60.21 to the Penal Law
to authorize the imposition of any applicable period of imprisonment
upon a conviction for a violation of subdivisions two, two-a or three
of section 1192 of the Vehicle and Traffic Law, including an
indeterminate term of imprisonment of up to four years if the
conviction is for a class E felony, as well as any allowable term of
probation or conditional discharge and to provide that such sentences
shall run consecutively. The addition of a new Penal Law §60.21 will
ensure that persons convicted of driving while intoxicated and
aggravated driving while intoxicated may be sentenced to the full
range of penalties currently allowed for a misdemeanor or class E
felony and must, additionally, be sentenced to a period of probation
or conditional discharge in order to ensure the use and monitoring of
ignition interlock devices.

Section 14 of the bill provides a severability clause.

Section 15 of the bill provides for an effective date within 30 days
of enactment, provided however, that the amendments made by the bill
concerning the ignition interlock device shall become effective 270
days after becoming law, and provided that the bill shall apply only
to crimes committed after enactment, and to individuals sentenced
after the effective date.

 EXISTING LAW :
Current law provides penalties when a person who drives while
intoxicated or while his or her ability is impaired by drugs or a

combination of drugs and alcohol, however, an elevated penalty is not
mandated when a child is a passenger in the vehicle.

 STATEMENT IN SUPPORT :
While all persons who drive while intoxicated pose a danger to others,
the person who knowingly chooses to drive drunk with children in the
car has made a conscious decision to put those children at risk of
harm or death. An adult can take steps to avoid riding with a drunk or
impaired driver. But a child may not have that choice, particularly
when the driver is a parent or guardian.

Currently a first DWI offense is a misdemeanor and may even be treated
as a traffic infraction. This bill would make it a felony for an
individual to drive while intoxicated or under the influence of drugs
when a child fifteen years or younger is in the car. This bill would
also prohibit a plea to a reduced, non-criminal charge for someone
charged with DWI when there is a child is a passenger in the car.
Finally, this bill will also require persons convicted of misdemeanor
DWI offenses to install and maintain an ignition interlock device that
will prevent such persons from driving under the influence of drugs or
alcohol in the future. The use of such devices has proven an
extraordinarily effective means of preventing recidivism by those who
drive drunk.

 BUDGET IMPLICATIONS :
This bill would not impose any costs on the State.

 EFFECTIVE DATE :
This bill would be effective 30 days after enactment, provided
however, that the amendments made by the bill concerning the ignition
interlock device shall become effective 270 days after becoming law,
and provided that the bill shall apply only to crimes committed after
enactment, and to individuals sentenced after the effective date.

2009-S66008 (ACTIVE) - Bill Text download pdf

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

    S. 8                                                        A. 8

                     Twentieth Extraordinary Session

                      S E N A T E - A S S E M B L Y

                            November 17, 2009
                               ___________

IN  SENATE -- Introduced by Sens. DILAN, FUSCHILLO, SMITH, SCHNEIDERMAN,
  HASSELL-THOMPSON, C. JOHNSON, SQUADRON, GOLDEN -- (at request  of  the
  Governor)  --  read  twice and ordered printed, and when printed to be
  committed to the Committee on Rules

IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
  A.  Weisenberg,  Silver,  Lentol,  Gantt,  Canestrari,  Farrell, Koon,
  Mayersohn,  Gottfried,  Destito,  Gunther,  Colton,  Abbate,   Alessi,
  Arroyo,  Barron, Benedetto, Benjamin, Brodsky, Brook-Krasny, Carrozza,
  Christensen,  Clark,  Cook,  Crespo,  Cusick,  Cymbrowitz,   DelMonte,
  DenDekker,   Dinowitz,   Eddington,  Englebright,  Espaillat,  Fields,
  Gabryszak, Galef, Gianaris, Glick, Gordon, Hevesi, Hoyt, Jaffee, Kell-
  ner, Lancman, Latimer, Lavine, Lifton,  Lupardo,  Magnarelli,  Maisel,
  Meng,  M. Miller, Millman, Nolan, Ortiz, Paulin, Peralta, Perry, Phef-
  fer, Powell, Pretlow, Ramos, Rosenthal, Scarborough, Schimel,  Schroe-
  der,  Skartados,  Spano,  Stirpe,  Sweeney, Thiele, Titone, Weinstein,
  Zebrowski) -- (at request of the Governor) -- read once  and  referred
  to the Committee on Transportation

AN  ACT  to  amend  the  vehicle  and  traffic law and the penal law, in
  relation to operating a motor vehicle while  under  the  influence  of
  alcohol  or  drugs with a child as a passenger and to amend the execu-
  tive law, in relation to installation of an ignition interlock device

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

  Section  1. Subdivision 2-a of section 1192 of the vehicle and traffic
law, as amended by chapter 746 of the laws of 2006, is amended  to  read
as follows:
  2-a.  Aggravated  driving  while intoxicated[; per se]. (A) PER SE. No
person shall operate a motor vehicle while such person has  .18  of  one
per  centum or more by weight of alcohol in such person's blood as shown
by chemical analysis of such person's blood,  breath,  urine  or  saliva

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12162-02-9

S. 8                                2                               A. 8

made pursuant to the provisions of section eleven hundred ninety-four of
this article.
  (B) WITH A CHILD. NO PERSON SHALL OPERATE A MOTOR VEHICLE IN VIOLATION
OF  SUBDIVISION TWO, THREE, FOUR OR FOUR-A OF THIS SECTION WHILE A CHILD
WHO IS FIFTEEN YEARS OF AGE OR LESS IS A PASSENGER IN SUCH  MOTOR  VEHI-
CLE.
  S 2. Subdivision 12 of section 1192 of the vehicle and traffic law, as
amended  by  chapter  732  of  the  laws  of 2006, is amended to read as
follows:
  12. Driving while intoxicated or while ability impaired by drugs--ser-
ious physical injury or death OR CHILD IN THE VEHICLE.    (A)  In  every
case  where  a  person  is  charged with a violation of subdivision two,
two-a, three, four or four-a of this section, the law enforcement  offi-
cer alleging such charge shall make a clear notation in the "Description
of  Violation" section of a simplified traffic information (I) if, aris-
ing out of the same incident, someone other than the person charged  was
killed  or  suffered serious physical injury as defined in section 10.00
of the penal law; such notation shall be in the form of a "D" if someone
other than the person charged was killed and such notation shall  be  in
the  form  of  a  "S.P.I."    if  someone  other than the person charged
suffered serious physical injury; [provided] AND (II) IF  A  CHILD  AGED
FIFTEEN  YEARS  OR LESS WAS PRESENT IN THE VEHICLE OF THE PERSON CHARGED
WITH A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE,  FOUR  OR  FOUR-A  OF
THIS SECTION; SUCH NOTATION SHALL BE IN THE FORM OF "C.I.V.".  PROVIDED,
however,  that the failure to make such [notation] NOTATIONS shall in no
way affect a charge for a violation of subdivision  two,  two-a,  three,
four or four-a of this section.
  (B)  WHERE  A LAW ENFORCEMENT OFFICER ALLEGES A VIOLATION OF PARAGRAPH
(B) OF SUBDIVISION TWO-A OF THIS SECTION AND THE OPERATOR OF THE VEHICLE
IS A PARENT, GUARDIAN, OR CUSTODIAN OF, OR OTHER PERSON LEGALLY  RESPON-
SIBLE FOR, A CHILD AGED FIFTEEN YEARS OR LESS WHO IS A PASSENGER IN SUCH
VEHICLE,  THEN THE OFFICER SHALL REPORT OR CAUSE A REPORT TO BE MADE, IF
APPLICABLE, IN ACCORDANCE WITH TITLE SIX OF ARTICLE SIX  OF  THE  SOCIAL
SERVICES LAW.
  S  3.  Paragraphs  (b) and (c) of subdivision 1 of section 1193 of the
vehicle and traffic law, paragraph (b) as amended by chapter 669 of  the
laws  of  2007,  paragraph  (c) as amended by chapter 732 of the laws of
2006 and subparagraphs (i) and (ii) of paragraph (c) as amended by chap-
ter 345 of the laws of 2007, are 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. (I) 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 by imprisonment in a penitentiary
or county jail for not more than one year, or  by  both  such  fine  and
imprisonment.  A  violation  of  PARAGRAPH  (A)  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.
  (II)  In addition to the imposition of any fine or period of imprison-
ment set forth in this paragraph, [the  court  shall  require  that  any
person  who  has  been  convicted of a violation of subdivision two-a of

S. 8                                3                               A. 8

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
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,]  THE  COURT  SHALL  ALSO  SENTENCE  SUCH  PERSON
CONVICTED OF A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE  OF  SECTION
ELEVEN  HUNDRED  NINETY-TWO  OF THIS ARTICLE TO A PERIOD OF PROBATION OR
CONDITIONAL DISCHARGE, AS A CONDITION  OF  WHICH  IT  SHALL  ORDER  SUCH
PERSON  TO  INSTALL  AND  MAINTAIN, IN ACCORDANCE WITH THE PROVISIONS OF
SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, AN IGNITION  INTER-
LOCK DEVICE IN ANY MOTOR VEHICLE OWNED OR OPERATED BY SUCH PERSON DURING
THE  TERM  OF  SUCH  PROBATION OR CONDITIONAL DISCHARGE IMPOSED FOR SUCH
VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AND IN NO
EVENT FOR LESS THAN SIX MONTHS.  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.
  (c) Felony offenses.   (i) A person who  operates  a  vehicle  (A)  in
violation  of  subdivision  two, two-a, three, four or four-a of section
eleven hundred ninety-two of this article after having been convicted of
a violation of subdivision two, two-a, three, four  or  four-a  of  such
section  or  of  vehicular  assault  in  the  second or first degree, as
defined, respectively, in sections  120.03  and  120.04  and  aggravated
vehicular  assault as defined in section 120.04-a of the penal law or of
vehicular manslaughter in  the  second  or  first  degree,  as  defined,
respectively,  in  sections  125.12  and 125.13 and aggravated vehicular
homicide as defined in section 125.14 of such law, within the  preceding
ten  years, OR (B) IN VIOLATION OF PARAGRAPH (B) OF SUBDIVISION TWO-A OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE shall be guilty  of  a
class  E  felony,  and  shall be punished by a fine of not less than one
thousand dollars nor more than five thousand dollars or by a  period  of
imprisonment  as  provided  in  the  penal law, or by both such fine and
imprisonment.
  (ii) A person who operates a vehicle in violation of subdivision  two,
two-a,  three,  four  or  four-a of section eleven hundred ninety-two of
this article after having been convicted of a violation  of  subdivision
two,  two-a,  three,  four  or  four-a  of  such section or of vehicular
assault in the second or first  degree,  as  defined,  respectively,  in
sections  120.03  and 120.04 and aggravated vehicular assault as defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such law, twice within the preceding ten years, shall  be  guilty  of  a
class  D  felony,  and  shall be punished by a fine of not less than two
thousand dollars nor more than ten thousand dollars or by  a  period  of
imprisonment  as  provided  in  the  penal law, or by both such fine and
imprisonment.
  (III) IN ADDITION TO THE IMPOSITION OF ANY FINE OR PERIOD OF IMPRISON-
MENT SET FORTH IN THIS PARAGRAPH, THE COURT  SHALL  ALSO  SENTENCE  SUCH
PERSON  CONVICTED  OF  A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE OF
SECTION ELEVEN HUNDRED  NINETY-TWO  OF  THIS  ARTICLE  TO  A  PERIOD  OF
PROBATION  OR  CONDITIONAL  DISCHARGE,  AS A CONDITION OF WHICH IT SHALL
ORDER SUCH PERSON TO  INSTALL  AND  MAINTAIN,  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  SECTION  ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, AN
IGNITION INTERLOCK DEVICE IN ANY MOTOR VEHICLE OWNED OR OPERATED BY SUCH

S. 8                                4                               A. 8

PERSON DURING THE  TERM  OF  SUCH  PROBATION  OR  CONDITIONAL  DISCHARGE
IMPOSED  FOR SUCH VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
ARTICLE AND IN NO EVENT FOR A PERIOD OF LESS THAN SIX MONTHS.  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 4. Subdivision 1 of section 1193 of the vehicle and traffic  law  is
amended by adding a new paragraph (g) to read as follows:
  (G)  THE  DIVISION  OF  PROBATION  AND CORRECTIONAL ALTERNATIVES SHALL
PROMULGATE REGULATIONS GOVERNING THE MONITORING OF COMPLIANCE BY PERSONS
ORDERED TO INSTALL AND MAINTAIN IGNITION INTERLOCK  DEVICES  TO  PROVIDE
STANDARDS  FOR  MONITORING  BY DEPARTMENTS OF PROBATION, AND OPTIONS FOR
MONITORING OF COMPLIANCE BY SUCH PERSONS, THAT COUNTIES MAY ADOPT AS  AN
ALTERNATIVE TO MONITORING BY A DEPARTMENT OF PROBATION.
  S  5. Subdivisions 1, 2, 3 and 4 and paragraph (a) of subdivision 5 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 OR CONDITIONAL DISCHARGE to install and operate
an ignition interlock device in any vehicle which  he  or  she  owns  or
operates.
  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 of this article, 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,] TO install and maintain, as  a  condition  of  probation  OR
CONDITIONAL  DISCHARGE,  a  functioning  ignition  interlock  device  in
accordance with the provisions of this section AND,  AS  APPLICABLE,  IN
ACCORDANCE  WITH THE PROVISIONS OF SUBDIVISIONS ONE AND ONE-A OF SECTION
ELEVEN HUNDRED NINETY-THREE OF  THIS  ARTICLE;  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.    FOR  ANY  SUCH  INDIVIDUAL SUBJECT TO A
SENTENCE OF PROBATION, INSTALLATION AND  MAINTENANCE  OF  SUCH  IGNITION
INTERLOCK DEVICE SHALL BE A CONDITION OF PROBATION.
  (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,  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  OR  CONDITIONAL  DISCHARGE
for  the  purpose  of  subjecting  such person to the provisions of this
section, unless such person would have otherwise been so eligible for  a
sentence of probation OR CONDITIONAL DISCHARGE.
  3.  Conditions.  (a)  Notwithstanding  any other provision of law, the
commissioner may grant a post-revocation  conditional  license,  as  set
forth  in  paragraph  (b)  of this subdivision, to a person who has been
convicted of a violation of subdivision two, two-a or three  of  section
eleven  hundred ninety-two of this article and who has been sentenced to

S. 8                                5                               A. 8

a period of probation OR CONDITIONAL DISCHARGE, provided the person  has
satisfied  the  minimum  period of license revocation established by law
and the commissioner has been notified that such person may operate only
a  motor  vehicle equipped with a functioning ignition interlock device.
No such request shall be made nor  shall  such  a  license  be  granted,
however,  if  such  person has been found by a court to have committed a
violation of section five hundred eleven  of  this  chapter  during  the
license  revocation  period  or  deemed  by a court to have violated any
condition of probation OR CONDITIONAL DISCHARGE set forth by  the  court
relating to the operation of a motor vehicle or the consumption of alco-
hol. In exercising discretion relating to the issuance of a post-revoca-
tion  conditional license pursuant to this subdivision, the commissioner
shall not deny such issuance based solely upon the number of convictions
for violations of any subdivision of section eleven  hundred  ninety-two
of  this  article committed by such person within the ten years prior to
application for such license. Upon the  termination  of  the  period  of
probation  OR  CONDITIONAL  DISCHARGE  set  by the court, the person may
apply to the commissioner for restoration of a license or  privilege  to
operate a motor vehicle in accordance with this chapter.
  (b)  Notwithstanding  any  inconsistent  provision  of this chapter, a
post-revocation conditional license granted pursuant to paragraph (a) of
this subdivision shall be valid only for use by the holder thereof,  (1)
enroute  to  and from the holder's place of employment, (2) if the hold-
er's employment requires the operation of a motor  vehicle  then  during
the  hours  thereof,  (3)  enroute  to  and from a class or course at an
accredited school, college or university or at a state approved institu-
tion of vocational or technical training, (4) to and from court  ordered
probation  activities,  (5)  to  and from a motor vehicle office for the
transaction of business relating to such license, (6) for a  three  hour
consecutive  daytime  period,  chosen by the department, on a day during
which the participant is not engaged in usual  employment  or  vocation,
(7)  enroute to and from a medical examination or treatment as part of a
necessary medical treatment  for  such  participant  or  member  of  the
participant's  household,  as  evidenced  by a written statement to that
effect from a licensed medical practitioner, (8) enroute to and  from  a
class or an activity which is an authorized part of the alcohol and drug
rehabilitation   program   and  at  which  participant's  attendance  is
required, and (9) enroute to and from a place, including  a  school,  at
which  a child or children of the participant are cared for on a regular
basis and which is  necessary  for  the  participant  to  maintain  such
participant's  employment or enrollment at an accredited school, college
or university or at a state approved institution of vocational or  tech-
nical training.
  (c) The post-revocation conditional license described in this subdivi-
sion  may  be revoked by the commissioner for sufficient cause including
but not limited to, failure to comply with the terms of the condition of
probation OR CONDITIONAL DISCHARGE set forth by the court, conviction of
any traffic offense other than one involving parking, stopping or stand-
ing or conviction of any alcohol or drug related offense, misdemeanor or
felony OR FAILURE TO INSTALL OR MAINTAIN A COURT ORDERED IGNITION INTER-
LOCK DEVICE.
  (d) Nothing contained herein shall prohibit the court from  requiring,
as  a  condition of probation OR CONDITIONAL DISCHARGE, the installation
of a functioning ignition interlock device in any vehicle owned or oper-
ated by a person sentenced for a violation of subdivision two, two-a, or
three of section eleven hundred ninety-two of this chapter, or any crime

S. 8                                6                               A. 8

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
chapter is an essential element, if the court in its discretion,  deter-
mines  that  such  a condition is necessary to ensure the public safety.
Imposition of an ignition interlock condition shall in no way limit  the
effect  of  any  period of license suspension or revocation set forth by
the commissioner or the court.
  (e) Nothing contained herein shall prevent the court from applying any
other conditions of probation OR CONDITIONAL DISCHARGE allowed  by  law,
including treatment for alcohol or drug abuse, restitution and community
service.
  (f) The commissioner shall note on the operator's record of any person
restricted  pursuant  to  this  section  that,  in addition to any other
restrictions, conditions or limitations, such person may operate only  a
motor vehicle equipped with an ignition interlock device.
  4.  Proof  of compliance and recording of condition. (a) [If the court
imposed] FOLLOWING IMPOSITION BY THE COURT OF the  use  of  an  ignition
interlock device as a condition of probation OR CONDITIONAL DISCHARGE it
shall  require  the  person  to  provide  proof  of compliance with this
section to the court and the probation department where such  person  is
under  probation  OR  CONDITIONAL  DISCHARGE  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  revoke,  modify,  or  terminate  the  person's  sentence  of
probation OR CONDITIONAL DISCHARGE as provided under law.
  (b) When a court imposes the condition specified in subdivision one of
this  section, the court shall notify the commissioner in such manner as
the commissioner may prescribe, and the  commissioner  shall  note  such
condition  on  the operating record of the person subject to such condi-
tions.
  (a) The cost of installing  and  maintaining  the  ignition  interlock
device shall be borne by the person subject to such condition UNLESS THE
COURT  DETERMINES  SUCH PERSON IS FINANCIALLY UNABLE TO AFFORD SUCH COST
WHEREUPON SUCH COST MAY BE IMPOSED PURSUANT TO A PAYMENT PLAN OR WAIVED.
IN THE EVENT OF SUCH WAIVER, THE COST OF THE DEVICE SHALL  BE  BORNE  IN
ACCORDANCE  WITH  REGULATIONS  ISSUED UNDER PARAGRAPH (G) OF SUBDIVISION
ONE OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS ARTICLE  OR  PURSUANT
TO  SUCH  OTHER  AGREEMENT  AS  MAY BE ENTERED INTO FOR PROVISION OF THE
DEVICE.  Such cost shall be considered a fine for the purposes of subdi-
vision five of section 420.10 of the criminal procedure law.  Such  cost
shall  not  replace,  but  shall  instead  be in addition to, any fines,
surcharges, or other costs imposed pursuant to  this  chapter  or  other
applicable laws.
  S 5-a. Subdivisions 8 and 9 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:
  8. Employer vehicle. Notwithstanding the provisions of subdivision one
AND PARAGRAPH (D) OF SUBDIVISION NINE of this section, if  a  person  is
required  to  operate a motor vehicle owned by said person's employer in
the course and scope of his or her employment, the  person  may  operate
that  vehicle  without  installation  of  an approved ignition interlock
device only in the course and scope of such employment and only  if  the
employer  has been notified that the person's driving privilege has been
restricted under the provisions of this article or the penal law and the
person whose privilege has been so restricted has provided the court and
probation department with written documentation indicating the  employer

S. 8                                7                               A. 8

has  knowledge of the restriction imposed and has granted permission for
the person to operate the employer's vehicle without the device only for
business purposes. The person shall notify the court and  the  probation
department of his or her intention to so operate the employer's vehicle.
A  motor vehicle owned by a business entity which business entity is all
or partly owned or controlled by  a  person  otherwise  subject  to  the
provisions of this article or the penal law is not a motor vehicle owned
by  the employer for purposes of the exemption provided in this subdivi-
sion. The provisions of this subdivision shall apply only to the  opera-
tion of such vehicle in the scope of such employment.
  9.  Circumvention  of  interlock  device.  (a) No person whose driving
privilege is restricted pursuant to this article or the penal law  shall
request,  solicit  or  allow  any  other person to blow into an ignition
interlock device, or to start a motor vehicle equipped with the  device,
for  the  purpose of providing the person so restricted with an operable
motor vehicle.
  (b) No person shall blow into an ignition interlock device or start  a
motor  vehicle  equipped with the device for the purpose of providing an
operable motor vehicle  to  a  person  whose  driving  privilege  is  so
restricted.
  (c)  No  person  shall tamper with or circumvent an otherwise operable
ignition interlock device.
  (d) NO PERSON SUBJECT TO A COURT  ORDERED  IGNITION  INTERLOCK  DEVICE
SHALL OPERATE A MOTOR VEHICLE WITHOUT SUCH DEVICE.
  (E)  In  addition to any other provisions of law, any person convicted
of a violation of paragraph (a), (b) [or], (c), OR (D) of this  subdivi-
sion shall be guilty of a CLASS A misdemeanor.
  S  6.  Subdivision 2 of section 1198-a of the vehicle and traffic law,
as added by chapter 732 of the laws of 2006  and  subparagraph  (ii)  of
paragraph  (b) as amended by chapter 345 of the laws of 2007, is amended
to read as follows:
  2. Procedure. (a)  Mandatory  screening;  when  authorized.  Upon  the
arraignment of, or at the discretion of the court, prior to the sentenc-
ing  of  any  person  who (i) at arraignment is charged with or prior to
sentencing convicted of a first violation of operating a  motor  vehicle
in violation of subdivision one, two or three OR PARAGRAPH (B) OF SUBDI-
VISION  TWO-A of section eleven hundred ninety-two of this article while
such person has less than .15 of one per centum by weight of alcohol  in
the person's blood as shown by chemical analysis of such person's blood,
breath, urine or saliva made pursuant to the provisions of section elev-
en  hundred  ninety-four of this article, or in violation of subdivision
four of such section eleven hundred ninety-two, or (ii) has  refused  to
submit to a chemical test pursuant to section eleven hundred ninety-four
of  this article, the court shall order such person to submit to screen-
ing for alcohol or substance abuse and dependency using  a  standardized
written  screening  instrument developed by the office of alcoholism and
substance abuse services, to be administered by an alcohol or  substance
abuse professional.
  (b)  Mandatory  assessment;  when  authorized. The court shall order a
defendant to undergo a formal alcohol or substance abuse and  dependency
assessment  by  an alcohol or substance abuse professional or a licensed
agency: (i) when the screening required by paragraph (a) of this  subdi-
vision  indicates  that a defendant is abusing or dependent upon alcohol
or drugs; (ii) following the arraignment of any person charged with  or,
at  the  discretion  of the court, prior to the sentencing of any person
convicted of a violation of subdivision one, two, three, four or  four-a

S. 8                                8                               A. 8

of  section  eleven hundred ninety-two of this article after having been
convicted of a violation of any subdivision of  section  eleven  hundred
ninety-two  of  this  article  or  of vehicular assault in the second or
first degree, as defined, respectively, in sections 120.03 and 120.04 of
the  penal law or of aggravated vehicular assault, as defined in section
120.04-a of the penal law or of vehicular manslaughter in the second  or
first degree, as defined, respectively, in sections 125.12 and 125.13 of
the penal law or of aggravated vehicular homicide, as defined in section
125.14  of such law within the preceding five years or after having been
convicted of a violation of any subdivision of such section or of vehic-
ular assault in the second or first degree, as defined, respectively, in
sections 120.03 and 120.04 of the penal law or of  aggravated  vehicular
assault, as defined in section 120.04-a of the penal law or of vehicular
manslaughter in the second or first degree, as defined, respectively, in
sections  125.12  and 125.13 of the penal law or of aggravated vehicular
homicide, as defined in section 125.14 of such law, two  or  more  times
within  the  preceding  ten years; or (iii) following the arraignment of
any person charged with or, at the discretion of the court, prior to the
sentencing of any person convicted  of  operating  a  motor  vehicle  in
violation  of  subdivision  two or three OR PARAGRAPH (B) OF SUBDIVISION
TWO-A of section eleven hundred ninety-two of this  article  while  such
person  has  .15  of  one per centum or more by weight of alcohol in the
person's blood as shown by a chemical analysis of such  person's  blood,
breath, urine or saliva made pursuant to the provisions of section elev-
en  hundred ninety-four of this article or in violation of PARAGRAPH (A)
OF subdivision two-a of section eleven hundred ninety-two of this  arti-
cle.
  (c) Mandatory assessment; procedure. The assessment ordered by a court
pursuant  to  this section shall be performed by an alcohol or substance
abuse professional or a licensed agency which shall forward the results,
in writing, to the court and to the defendant  or  his  or  her  counsel
within thirty days of the date of such order.
  S 7. Section 120.04 of the penal law, as amended by chapter 746 of the
laws of 2006, is amended to read as follows:
S 120.04 Vehicular assault in the first degree.
  A person is guilty of vehicular assault in the first degree when he or
she  commits  the  crime  of  vehicular  assault in the second degree as
defined in section 120.03 of this article, and either:
  (1) commits such crime while operating  a  motor  vehicle  while  such
person  has  .18  of one per centum or more by weight of alcohol in such
person's blood as shown by chemical analysis  of  such  person's  blood,
breath, urine or saliva made pursuant to the provisions of section elev-
en hundred ninety-four of the vehicle and traffic law;
  (2)  commits  such  crime while knowing or having reason to know that:
(a) his or her license or his or her  privilege  of  operating  a  motor
vehicle  in another state or his or her privilege of obtaining a license
to operate a motor vehicle in another state is suspended or revoked  and
such  suspension  or revocation is based upon a conviction in such other
state for an offense which would, if committed in this state, constitute
a violation of any of the provisions of section eleven  hundred  ninety-
two  of the vehicle and traffic law; or (b) his or her license or his or
her privilege of operating a motor vehicle in the state or  his  or  her
privilege  of  obtaining  a  license issued by the commissioner of motor
vehicles is suspended or revoked and such suspension  or  revocation  is
based  upon  either  a  refusal to submit to a chemical test pursuant to
section eleven hundred ninety-four of the vehicle  and  traffic  law  or

S. 8                                9                               A. 8

following  a  conviction  for  a  violation  of any of the provisions of
section eleven hundred ninety-two of the vehicle and traffic law;
  (3)  has  previously been convicted of violating any of the provisions
of section eleven hundred ninety-two of  the  vehicle  and  traffic  law
within  the preceding ten years, provided that, for the purposes of this
subdivision, a conviction in any other  state  or  jurisdiction  for  an
offense  which, if committed in this state, would constitute a violation
of section eleven hundred ninety-two of the  vehicle  and  traffic  law,
shall be treated as a violation of such law[.];
  (4) causes serious physical injury to more than one other person; [or]
  (5)  has  previously been convicted of violating any provision of this
article or article one hundred twenty-five of this title  involving  the
operation  of  a  motor  vehicle, or was convicted in any other state or
jurisdiction of an offense involving the operation of  a  motor  vehicle
which,  if committed in this state, would constitute a violation of this
article or article one hundred twenty-five of this title[.]; OR
  (6) COMMITS SUCH CRIME WHILE OPERATING A MOTOR VEHICLE WHILE  A  CHILD
WHO IS FIFTEEN YEARS OF AGE OR LESS IS A PASSENGER IN SUCH MOTOR VEHICLE
AND CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD.
  If  it  is  established  that  the person operating such motor vehicle
caused such serious physical injury or injuries while unlawfully intoxi-
cated or impaired by the use of alcohol or a drug, or  by  the  combined
influence of drugs or of alcohol and any drug or drugs, then there shall
be  a  rebuttable  presumption that, as a result of such intoxication or
impairment by the use of alcohol or a drug, or by the combined influence
of drugs or of alcohol and any drug or drugs, such person  operated  the
motor  vehicle  in  a manner that caused such serious physical injury or
injuries, as required by this section and section 120.03 of  this  arti-
cle.
  Vehicular assault in the first degree is a class D felony.
  S 8. Section 120.04-a of the penal law, as added by chapter 345 of the
laws of 2007, is amended to read as follows:
S 120.04-a Aggravated vehicular assault.
  A  person  is  guilty  of  aggravated vehicular assault when he or she
engages in reckless driving as defined by section twelve hundred  twelve
of  the  vehicle  and  traffic  law,  and commits the crime of vehicular
assault in the second degree as defined in section 120.03 of this  arti-
cle, and either:
  (1)  commits  such  crimes  while operating a motor vehicle while such
person has .18 of one per centum or more by weight of  alcohol  in  such
person's  blood  as  shown  by chemical analysis of such person's blood,
breath, urine or saliva made pursuant to the provisions of section elev-
en hundred ninety-four of the vehicle and traffic law;
  (2) commits such crimes while knowing or having reason to  know  that:
(a)  his  or  her  license  or his or her privilege of operating a motor
vehicle in another state or his or her privilege of obtaining a  license
to  operate a motor vehicle in another state is suspended or revoked and
such suspension or revocation is based upon a conviction in  such  other
state for an offense which would, if committed in this state, constitute
a  violation  of any of the provisions of section eleven hundred ninety-
two of the vehicle and traffic law; or (b) his or her license or his  or
her  privilege  of operating a motor vehicle in this state or his or her
privilege of obtaining a license issued by  the  commissioner  of  motor
vehicles  is  suspended  or revoked and such suspension or revocation is
based upon either a refusal to submit to a  chemical  test  pursuant  to
section  eleven  hundred  ninety-four  of the vehicle and traffic law or

S. 8                               10                               A. 8

following a conviction for a violation  of  any  of  the  provisions  of
section eleven hundred ninety-two of the vehicle and traffic law;
  (3)  has  previously been convicted of violating any of the provisions
of section eleven hundred ninety-two of  the  vehicle  and  traffic  law
within  the preceding ten years, provided that, for the purposes of this
subdivision, a conviction in any other  state  or  jurisdiction  for  an
offense  which, if committed in this state, would constitute a violation
of section eleven hundred ninety-two of the  vehicle  and  traffic  law,
shall be treated as a violation of such law;
  (4) causes serious physical injury to more than one other person; [or]
  (5)  has  previously been convicted of violating any provision of this
article or article one hundred twenty-five of this title  involving  the
operation  of  a  motor  vehicle, or was convicted in any other state or
jurisdiction of an offense involving the operation of  a  motor  vehicle
which,  if committed in this state, would constitute a violation of this
article or article one hundred twenty-five of this title[.]; OR
  (6) COMMITS SUCH CRIME WHILE OPERATING A MOTOR VEHICLE WHILE  A  CHILD
WHO IS FIFTEEN YEARS OF AGE OR LESS IS A PASSENGER IN SUCH MOTOR VEHICLE
AND CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD.
  If  it  is  established  that  the person operating such motor vehicle
caused such serious physical injury or injuries while unlawfully intoxi-
cated or impaired by the use of alcohol or a drug, or  by  the  combined
influence of drugs or of alcohol and any drug or drugs, then there shall
be  a  rebuttable  presumption that, as a result of such intoxication or
impairment by the use of alcohol or a drug, or by the combined influence
of drugs or of alcohol and any drug or drugs, such person  operated  the
motor  vehicle  in  a manner that caused such serious physical injury or
injuries, as required by this section and section 120.03 of  this  arti-
cle.
  Aggravated vehicular assault is a class C felony.
  S 9. Section 125.13 of the penal law, as amended by chapter 746 of the
laws of 2006, is amended to read as follows:
S 125.13 Vehicular manslaughter in the first degree.
  A  person is guilty of vehicular manslaughter in the first degree when
he or she commits the crime of  vehicular  manslaughter  in  the  second
degree as defined in section 125.12 of this article, and either:
  (1)  commits  such  crime  while  operating a motor vehicle while such
person has .18 of one per centum or more by weight of  alcohol  in  such
person's  blood  as  shown  by chemical analysis of such person's blood,
breath, urine or saliva made pursuant to the provisions of section elev-
en hundred ninety-four of the vehicle and traffic law;
  (2) commits such crime while knowing or having reason  to  know  that:
(a)  his  or  her  license  or his or her privilege of operating a motor
vehicle in another state or his or her privilege of obtaining a  license
to  operate a motor vehicle in another state is suspended or revoked and
such suspension or revocation is based upon a conviction in  such  other
state for an offense which would, if committed in this state, constitute
a  violation  of any of the provisions of section eleven hundred ninety-
two of the vehicle and traffic law; or (b) his or her license or his  or
her  privilege  of  operating a motor vehicle in the state or his or her
privilege of obtaining a license issued by  the  commissioner  of  motor
vehicles  is  suspended  or revoked and such suspension or revocation is
based upon either a refusal to submit to a  chemical  test  pursuant  to
section  eleven  hundred  ninety-four  of the vehicle and traffic law or
following a conviction for a violation  of  any  of  the  provisions  of
section eleven hundred ninety-two of the vehicle and traffic law;

S. 8                               11                               A. 8

  (3)  has  previously been convicted of violating any of the provisions
of section eleven hundred ninety-two of  the  vehicle  and  traffic  law
within  the preceding ten years, provided that, for the purposes of this
subdivision, a conviction in any other  state  or  jurisdiction  for  an
offense  which, if committed in this state, would constitute a violation
of section eleven hundred ninety-two of the  vehicle  and  traffic  law,
shall be treated as a violation of such law[.];
  (4) causes the death of more than one other person; [or]
  (5)  has  previously been convicted of violating any provision of this
article or article one hundred twenty of this title involving the opera-
tion of a motor vehicle, or was convicted in any other state  or  juris-
diction  of an offense involving the operation of a motor vehicle which,
if committed in this state, would constitute a violation of this article
or article one hundred twenty of this title[.]; OR
  (6) COMMITS SUCH CRIME WHILE OPERATING A MOTOR VEHICLE WHILE  A  CHILD
WHO IS FIFTEEN YEARS OF AGE OR LESS IS A PASSENGER IN SUCH MOTOR VEHICLE
AND CAUSES THE DEATH OF SUCH CHILD.
  If  it  is  established  that  the person operating such motor vehicle
caused such death or deaths while unlawfully intoxicated or impaired  by
the  use  of alcohol or a drug, or by the combined influence of drugs or
of alcohol and any drug or drugs,  then  there  shall  be  a  rebuttable
presumption  that, as a result of such intoxication or impairment by the
use of alcohol or a drug, or by the combined influence of  drugs  or  of
alcohol and any drug or drugs, such person operated the motor vehicle in
a  manner  that caused such death or deaths, as required by this section
and section 125.12 of this article.
  Vehicular manslaughter in the first degree is a class C felony.
  S 10. Section 125.14 of the penal law, as added by chapter 345 of  the
laws of 2007, is amended to read as follows:
S 125.14 Aggravated vehicular homicide.
  A  person  is  guilty  of aggravated vehicular homicide when he or she
engages in reckless driving as defined by section twelve hundred  twelve
of  the  vehicle  and  traffic  law,  and commits the crime of vehicular
manslaughter in the second degree as defined in section 125.12  of  this
article, and either:
  (1)  commits  such  crimes  while operating a motor vehicle while such
person has .18 of one per centum or more by weight of  alcohol  in  such
person's  blood  as  shown  by chemical analysis of such person's blood,
breath, urine or saliva made pursuant to the provisions of section elev-
en hundred ninety-four of the vehicle and traffic law;
  (2) commits such crimes while knowing or having reason to  know  that:
(a)  his  or  her  license  or his or her privilege of operating a motor
vehicle in another state or his or her privilege of obtaining a  license
to  operate a motor vehicle in another state is suspended or revoked and
such suspension or revocation is based upon a conviction in  such  other
state for an offense which would, if committed in this state, constitute
a  violation  of any of the provisions of section eleven hundred ninety-
two of the vehicle and traffic law; or (b) his or her license or his  or
her  privilege  of operating a motor vehicle in this state or his or her
privilege of obtaining a license issued by  the  commissioner  of  motor
vehicles  is  suspended  or revoked and such suspension or revocation is
based upon either a refusal to submit to a  chemical  test  pursuant  to
section  eleven  hundred  ninety-four  of the vehicle and traffic law or
following a conviction for a violation  of  any  of  the  provisions  of
section eleven hundred ninety-two of the vehicle and traffic law;

S. 8                               12                               A. 8

  (3)  has  previously been convicted of violating any of the provisions
of section eleven hundred ninety-two of  the  vehicle  and  traffic  law
within  the preceding ten years, provided that, for the purposes of this
subdivision, a conviction in any other  state  or  jurisdiction  for  an
offense  which, if committed in this state, would constitute a violation
of section eleven hundred ninety-two of the  vehicle  and  traffic  law,
shall be treated as a violation of such law;
  (4) causes the death of more than one other person;
  (5)  causes the death of one person and the serious physical injury of
at least one other person; [or]
  (6) has previously been convicted of violating any provision  of  this
article or article one hundred twenty of this title involving the opera-
tion  of  a motor vehicle, or was convicted in any other state or juris-
diction of an offense involving the operation of a motor vehicle  which,
if committed in this state, would constitute a violation of this article
or article one hundred twenty of this title[.]; OR
  (7)  COMMITS  SUCH CRIME WHILE OPERATING A MOTOR VEHICLE WHILE A CHILD
WHO IS FIFTEEN YEARS OF AGE OR LESS IS A PASSENGER IN SUCH MOTOR VEHICLE
AND CAUSES THE DEATH OF SUCH CHILD.
  If it is established that the  person  operating  such  motor  vehicle
caused  such death or deaths while unlawfully intoxicated or impaired by
the use of alcohol or a drug, or by the combined influence of  drugs  or
of  alcohol  and  any  drug  or  drugs, then there shall be a rebuttable
presumption that, as a result of such intoxication or impairment by  the
use  of  alcohol  or a drug, or by the combined influence of drugs or of
alcohol and any drug or drugs, such person operated the motor vehicle in
a manner that caused such death or deaths, as required by  this  section
and section 125.12 of this article.
  Aggravated vehicular homicide is a class B felony.
  S  11.  Section  259-c of the executive law is amended by adding a new
subdivision 15-a to read as follows:
  15-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE  A  PERSON  IS
SERVING  A SENTENCE FOR A VIOLATION OF SECTION 120.03, 120.04, 120.04-A,
125.12, 125.13 OR 125.14 OF THE PENAL LAW, OR A  FELONY  AS  DEFINED  IN
PARAGRAPH  (C) OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-THREE
OF THE VEHICLE AND TRAFFIC LAW, IF SUCH PERSON IS RELEASED ON PAROLE  OR
CONDITIONAL  RELEASE THE BOARD SHALL REQUIRE AS A MANDATORY CONDITION OF
SUCH RELEASE, THAT SUCH PERSON INSTALL AND MAINTAIN, IN ACCORDANCE  WITH
THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THE VEHICLE AND
TRAFFIC  LAW, AN IGNITION INTERLOCK DEVICE IN ANY MOTOR VEHICLE OWNED OR
OPERATED BY SUCH PERSON DURING THE TERM OF SUCH  PAROLE  OR  CONDITIONAL
RELEASE  FOR  SUCH CRIME.   PROVIDED FURTHER, HOWEVER, THE BOARD MAY NOT
OTHERWISE AUTHORIZE THE OPERATION OF A MOTOR VEHICLE BY ANY PERSON WHOSE
LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN REVOKED  PURSU-
ANT TO THE PROVISIONS OF THE VEHICLE AND TRAFFIC LAW.
  S  12.  The penal law is amended by adding a new section 60.36 to read
as follows:
S 60.36 AUTHORIZED DISPOSITIONS; DRIVING WHILE INTOXICATED OFFENSES.
  WHERE A COURT IS IMPOSING A SENTENCE FOR A  VIOLATION  OF  SUBDIVISION
TWO, TWO-A, OR THREE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE
AND  TRAFFIC  LAW PURSUANT TO SECTIONS 65.00 OR 65.05 OF THIS TITLE AND,
AS A CONDITION OF SUCH SENTENCE, ORDERS THE INSTALLATION AND MAINTENANCE
OF AN IGNITION INTERLOCK DEVICE, THE COURT MAY IMPOSE ANY OTHER  PENALTY
AUTHORIZED  PURSUANT TO SECTION ELEVEN HUNDRED NINETY-THREE OF THE VEHI-
CLE AND TRAFFIC LAW.

S. 8                               13                               A. 8

  S 13. The penal law is amended by adding a new section 60.21  to  read
as follows:
S 60.21 AUTHORIZED DISPOSITIONS; DRIVING WHILE INTOXICATED OR AGGRAVATED
          DRIVING WHILE INTOXICATED.
  NOTWITHSTANDING  PARAGRAPH  (D) OF SUBDIVISION TWO OF SECTION 60.01 OF
THIS ARTICLE, WHEN A PERSON IS TO BE SENTENCED UPON A CONVICTION  FOR  A
VIOLATION  OF  SUBDIVISION TWO, TWO-A OR THREE OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, THE COURT MAY  SENTENCE  SUCH
PERSON TO A PERIOD OF IMPRISONMENT AUTHORIZED BY ARTICLE SEVENTY OF THIS
TITLE  AND SHALL SENTENCE SUCH PERSON TO A PERIOD OF PROBATION OR CONDI-
TIONAL DISCHARGE IN ACCORDANCE WITH THE PROVISIONS OF SECTION  65.00  OF
THIS  TITLE  AND SHALL ORDER THE INSTALLATION AND MAINTENANCE OF A FUNC-
TIONING IGNITION INTERLOCK DEVICE. SUCH PERIOD OF  PROBATION  OR  CONDI-
TIONAL  DISCHARGE  SHALL RUN CONSECUTIVELY TO ANY PERIOD OF IMPRISONMENT
AND SHALL COMMENCE IMMEDIATELY UPON SUCH PERSON'S RELEASE FROM IMPRISON-
MENT.
  S 14. If any provision of this act or its application to any person or
circumstance is held invalid, this  invalidity  does  not  affect  other
provisions  or applications of this act that can be given effect without
the invalid provision or application, and to this end the provisions  of
this act are declared to be severable.
  S  15.  This act shall take effect on the thirtieth day after it shall
have become a law; provided that section five of this act and the amend-
ments made to subparagraph (ii) of paragraph (b)  of  subdivision  1  of
section  1193  of  the  vehicle and traffic law made by section three of
this act, except for those amendments concerning a violation of subdivi-
sion 2-a of section 1192 of the vehicle  and  traffic  law,  shall  take
effect  on  the  two hundred seventieth day after it shall have become a
law; provided, further, that this act shall not  apply  to  any  offense
committed  before  the  date of enactment, and that section five of this
act shall apply only to individuals sentenced on or after the date  such
section becomes effective; provided, further, that rules and regulations
may  be  issued  in accordance with such sections prior to the effective
date; provided, further, that the amendments  to  section  1198  of  the
vehicle  and  traffic  law  made by sections five and five-a of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith.

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