S T A T E   O F   N E W   Y O R K
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                                  4459

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by M. of A. COLTON, WEPRIN, SCHIMEL, PHEFFER, MAISEL, SPANO,
  GALEF, LUPARDO, HOOPER -- Multi-Sponsored by  --  M.  of  A.  BARCLAY,
  BARRON, BUTLER, FINCH, GIGLIO, GUNTHER, JORDAN, KOLB, McDONOUGH, MOLI-
  NARO,  MURRAY,  OAKS, REILLY, P. RIVERA, SALADINO, THIELE -- read once
  and referred 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vehicle has been revoked pursuant to the provisions of this section.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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07495-01-1

              

A. 4459                             2

  (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
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

A. 4459                             3

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
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
the amendments to section 1198 of the vehicle and traffic  law  made  by
sections  three and four of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.