NY State Senate Bill 2009-S7671

Senate Bill S7671

2009-2010 Legislative Session

Relates to requiring offenders to bear the cost of installation and maintenance of a court-ordered ignition interlock device

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 30, 2010	referred to transportation

2009-S7671 (ACTIVE) - Details

See Assembly Version of this Bill:: A11094
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1193, 1198, V & T L; amd §259-c, Exec L; amd §60.21, Pen L
Versions Introduced in 2011-2012 Legislative Session:: A4459

2009-S7671 (ACTIVE) - Summary

Relates to requiring offenders to bear the cost of installation and maintenance of a court-ordered ignition interlock device.

2009-S7671 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7671

 TITLE OF BILL :
An act to amend the vehicle and traffic law, the executive law and the
penal law, in relation to offenders required to install and maintain
ignition interlock devices


 PURPOSE OF THE BILL :
This bill would amend the Executive Law, Vehicle & Traffic Law and
penal Law to ensure that when a person is convicted of the crime of
aggravated driving while intoxicated with a child that the cost of the
ignition interlock device shall be borne by the offender and the
offender alone.

 SUMMARY OF PROVISIONS OF THE BILL :

Section 1 of the bill adds the language, "at their own personal
expense" to VTL §1193, subparagraph ii of paragraph b of subdivision
1, relating to the maintenance and installation of ignition interlock
devices.

Section 2 of the bill adds the language, "at their own personal
expense" to amends VTL § 1193(1) (c), relating to the maintenance and
installation of ignition interlock devices.

Section 3 of the bill amends VTL § 1198, subdivision 2, to add the
language, "the cost of which shall be borne by the offender."

Section 4 of the bill amends section 1198 of the vehicle and traffic
law to remove the language that (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 such device shall be borne in accordance with
regulations issues 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 purpose of subdivision 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.)

Section 5 of the bill amends section 259-c of the executive law to
require as a mandatory condition of release, that such person install
and maintain at their own personal expense an ignition interlock
device.

Section 6 of the bill amends Section 60.21 of the penal law to require
that the cost of the installation and maintenance of a functioning
ignition interlock device shall be borne by the offender.

Section 7 of the bill provides the effective date.

 STATEMENT IN SUPPORT :
Last year, the legislature historically passed chapter 496 of laws of
2009, which created the crime of aggravated driving while intoxicated
with a child.  That legislation made it a felony for an individual to
drive while intoxicated with children in the car because that adult
made a conscious decision to put those children at risk of harm or
death. It also required person convicted to install and maintain an
ignition interlock device that will prevent such person from driving
under the influence of drugs or alcohol in the further because such
devices prevent recidivism by those who drive drunk.


Unfortunately, the legislation included ambiguous language 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. This language is causing confusion for
municipalities and the state, as it is not clear who would pay for
these interlock devices if the offender cannot afford it. This new
bill will provide clarity and put the burden squarely where it belongs
on the offender to purchase the interlock device.

Driving a motor vehicle on public roads is a privilege, not a right,
and that privilege can be taken away or modified based on certain
conduct, including drunk driving. If a motorist chooses to violate the
law, and drive drunk with a child in their vehicle, regardless of
their income, then they should be prepared to face the consequences
including large fines and expenses associated with installing a
breath-monitoring device and potential loss of driving privileges and
incarceration.

As a state, we are facing a multi-billion deficit, we should not be
wasting money purchasing ignition interlock devices at an estimated
$100 per month for violators whom courts determine cannot afford them.
It is patently unfair to make law-abiding citizens foot the bill for
these offenders.

 BUDGET IMPLICATIONS :
This bill would not impose any costs on the state or localities.

 EFFECTIVE DATE :
Immediately, with provisions.

2009-S7671 (ACTIVE) - Bill Text download pdf

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

                                  7671

                            I N  S E N A T E

                             April 30, 2010
                               ___________

Introduced by Sen. AUBERTINE -- 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, the executive law and the
  penal law, in relation to offenders required to install  and  maintain
  ignition interlock devices

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

  Section 1. Subparagraph (ii) of paragraph  (b)  of  subdivision  1  of
section  1193  of the vehicle and traffic law, as amended by chapter 496
of the laws of 2009, is amended to read as follows:
  (ii) 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 AT THEIR OWN PERSONAL EXPENSE,
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 person during the term of such probation or condi-
tional 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.
  S 2. Subparagraph (iii) of paragraph (c) of subdivision 1  of  section
1193  of  the  vehicle and traffic law, as amended by chapter 496 of the
laws of 2009, is amended to read as follows:
  (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 AT THEIR OWN PERSONAL EXPENSE,
in accordance with the provisions of section eleven hundred ninety-eight

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

                                                           LBD17106-01-0

S. 7671                             2

of this article, an ignition interlock device in any motor vehicle owned
or operated by such person during the term of such probation  or  condi-
tional  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 3. Paragraph (a) of subdivision 2 of section 1198 of the vehicle and
traffic law, as amended by chapter 496 of the laws of 2009,  is  amended
to read as follows:
  (a)  In  addition  to any other penalties prescribed by law, the court
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,  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  opera-
tion  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; THE COST OF WHICH SHALL BE BORNE BY THE OFFENDER.
  S 4. Paragraph (a) of subdivision 5 of section 1198 of the vehicle and
traffic law, as amended by chapter 496 of the laws of 2009,  is  amended
to read as follows:
  (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
subdivision  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. Subdivision 15-a of section 259-c of the executive law, as  added
by chapter 496 of the laws of 2009, is amended 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  AT THEIR OWN
PERSONAL EXPENSE, in accordance with the provisions  of  section  eleven
hundred  ninety-eight of the vehicle and traffic law, an ignition inter-
lock device in any motor vehicle owned or operated by such person during
the term of such parole or conditional release for such crime.  Provided

S. 7671                             3

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 pursuant to the provisions of the vehicle
and traffic law.
  S  6.   Section 60.21 of the penal law, as added by chapter 496 of the
laws of 2009, is amended 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, THE COST OF WHICH SHALL BE BORNE BY
THE OFFENDER. Such period of probation or  conditional  discharge  shall
run consecutively to any period of imprisonment and shall commence imme-
diately upon such person's release from imprisonment.
  S  7.   This act shall take effect immediately; provided, however that
sections one, three and four of this act shall take effect on  the  same
date  and in the same manner as section 15 of chapter 496 of the laws of
2009, takes effect; and provided, however, that the amendments to subdi-
vision 2 of section 1198 of the vehicle and traffic law made by  section
three  of  this  act shall not affect the expiration of such section and
shall be deemed to expire therewith.

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