senate Bill S5221A

2011-2012 Legislative Session

Requires the department of corrections and community supervision to maintain the responsibility and costs of monitoring any person required to use an ignition interlock device

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2012 referred to correction
delivered to assembly
passed senate
May 15, 2012 amended on third reading 5221a
May 14, 2012 advanced to third reading
May 09, 2012 2nd report cal.
May 08, 2012 1st report cal.733
Apr 18, 2012 reported and committed to finance
Jan 04, 2012 referred to crime victims, crime and correction
May 03, 2011 referred to crime victims, crime and correction

Votes

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May 8, 2012 - Finance committee Vote

S5221
34
1
committee
34
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Apr 18, 2012 - Crime Victims, Crime and Correction committee Vote

S5221
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S5221 - Bill Details

See Assembly Version of this Bill:
A7669A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §259-c, Exec L

S5221 - Bill Texts

view summary

Requires the department of corrections and community supervision to maintain the responsibility and costs of monitoring any person released on parole with the mandatory requirement of installation of an ignition interlock device on their motor vehicle.

view sponsor memo
BILL NUMBER:S5221

TITLE OF BILL:
An act
to amend the executive law, in relation to an ignition interlock
device

PURPOSE: Requires the parole office to maintain the
responsibility and
costs of monitoring any person released on parole with the mandatory
requirement of an ignition interlock device.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends Subdivision
15-a of section 259-c of the
executive law, as amended by section 38-b of subpart A of part C of
chapter 62 of the laws of 2011, to require the parole office to
maintain the responsibility and costs of monitoring any person
released on parole with the mandatory requirement of installation of
an ignition interlock device on their motor vehicle.

Section 2 of the
bill provides for an immediate effective date.

JUSTIFICATION: Under Chapter 62 of the Laws of 2011,
parolees who are
subject to the mandatory installation of an Ignition Interlock Device
when released from State prison are monitored by the County agency.
The monitoring of parolees by County departments is duplicative and
such departments are not equipped to monitor these individuals. The
Parole office is already involved in their reentry and thus better
suited for the task.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediately.

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

                                  5221

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed  to  be committed to the Committee on Crime Victims, Crime and
  Correction

AN ACT to amend the executive law, in relation to 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 15-a of section 259-c of the executive law, as
amended by section 38-b of subpart A of part C of chapter 62 of the laws
of 2011, 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, 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.  THE PAROLE OFFICE SHALL MAINTAIN THE RESPONSI-
BILITY AND COSTS OF MONITORING ANY PERSON RELEASED ON  PAROLE  WITH  THE
MANDATORY REQUIREMENT OF INSTALLATION OF AN IGNITION INTERLOCK DEVICE ON
THEIR MOTOR VEHICLE. Provided further, however, the board may not other-
wise  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 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11396-01-1

S5221A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7669A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §259-c, Exec L

S5221A (ACTIVE) - Bill Texts

view summary

Requires the department of corrections and community supervision to maintain the responsibility and costs of monitoring any person released on parole with the mandatory requirement of installation of an ignition interlock device on their motor vehicle.

view sponsor memo
BILL NUMBER:S5221A

TITLE OF BILL:
An act
to amend the executive law, in relation to an ignition interlock
device

PURPOSE:
Requires the Department of Corrections and Community
Supervision to maintain the responsibility and costs of monitoring
any person released on parole with the mandatory requirement of an
ignition interlock device.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends
Subdivision 15-a
of section 259-c of the executive law, as amended by section 38-b of
subpart A of part C of chapter 62 of the laws of 2011, to require the
parole office to maintain the responsibility and costs of monitoring
any person released on parole with the mandatory requirement of
installation of an ignition interlock device on their motor vehicle.

Section 2 of the bill provides for an immediate effective date.

JUSTIFICATION:
Under Chapter 62 of the Laws of 2011,
parolees who are
subject to the mandatory installation of an ignition interlock device
when released from state prison are monitored by the county agency.
The monitoring of parolees by county departments is duplicative and
such departments are not equipped to monitor these individuals. The
Department of Corrections and Community Supervision is already
involved in their reentry and thus better suited for the task.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5221--A
    Cal. No. 733

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed  to  be committed to the Committee on Crime Victims, Crime and
  Correction -- recommitted to the Committee on Crime Victims, Crime and
  Correction in accordance with Senate Rule 6, sec. 8 -- reported favor-
  ably from said committee and committed to the Committee on Finance  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT to amend the executive law, in relation to 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 15-a of section 259-c of the executive law, as
amended by section 38-b of subpart A of part C of chapter 62 of the laws
of 2011, 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, 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.   THE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION  SHALL  MAINTAIN  THE RESPONSIBILITY AND COSTS OF MONITORING
ANY PERSON RELEASED ON PAROLE WITH THE MANDATORY REQUIREMENT OF  INSTAL-
LATION  OF  AN  IGNITION  INTERLOCK  DEVICE ON HIS OR HER MOTOR VEHICLE.
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 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11396-06-2

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