Senate Bill S5567A

2011-2012 Legislative Session

Provides that the condition of maintenance and installation of an ignition interlock device shall terminate at the end of six months

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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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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to transportation
Jun 24, 2011	committed to rules
Jun 14, 2011	advanced to third reading amended 5567a
Jun 13, 2011	2nd report cal.
Jun 07, 2011	1st report cal.1058
Jun 02, 2011	referred to transportation

Votes

- Jun 7, 2011 - Transportation Committee Vote
  S5567A
  
  Aye
  
  17
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Transportation Committee Vote: Jun 7, 2011
      
      aye (17)
      
      Adams
      
      Diaz
      
      Dilan
      
      Fuschillo
      
      Johnson
      
      Kennedy
      
      Larkin
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      Perkins
      
      Robach
      
      Smith
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
      
      aye wr (2)
      
      Ranzenhofer
      
      Zeldin

Bill Amendments

co-Sponsors

2011-S5567 - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1193 & 1198, V & T L

2011-S5567 - Summary

Provides that the condition of maintenance and installation of an ignition interlock device shall terminate at the end of six months.

2011-S5567 - Sponsor Memo

                                BILL NUMBER:S5567

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to maintenance and
installation of ignition interlock devices

PURPOSE:
To clarify and improve provisions of the mandatory ignition interlock
law passed in 2009, known as Leandra's Law, to require that
individuals sentenced to install interlock devices in their vehicles
must do so for a period of six months or be without their driver's
license for a period commensurate with their probation.

SUMMARY OF PROVISIONS:
Section 1 amends subparagraph (ii) of paragraph (b) of subdivision 1
of section 1193 of the vehicle and traffic law to include language
stating: The condition of maintenance and installation of an ignition
interlock device shall terminate at the end of a period of continuous
maintenance of six months, or more as determined by the court, or the
end of the period of probation or conditional discharge, whichever is
earlier.

Section 2 amends subparagraph (iii) of paragraph (c) of subdivision 1
of section 1193 of vehicle and traffic law in the same manner as
section 1 of the bill

Section 4 amends paragraph (f) of subdivision 3 of section 1198 of
the vehicle and traffic law to require the commissioner of DMV to
make a notation on any conditional license that shows the licensee
may only operate a vehicle with an ignition interlock device.

JUSTIFICATION:
Current law, while it has been proven to be an effective tool in
deterring drunk driving, contains a loophole that allows violators to
simply give up their license for a period of six months instead of
installing the ignition interlock device. Current law says that at
the end of six months after conviction, a violator can get his or her
license back without having to install an ignition interlock device.
In order for Leandra' s Law to be as effective as possible this
legislation is necessary to deter violators from simply choosing to
give up their license for a relatively short
period of time. Unfortunately, the statistics have shown that many
drivers are choosing to give up their license for six months - taking
their chances behind the wheel in hopes they will not be pulled over.
This legislation will make that choice less likely and force more
people to follow the original intent of the law that requires them to
install the ignition interlock device.

LEGISLATIVE HISTORY:
New Bill.

EFFECTIVE DATE:
This act shall take effect ninety days after it shall have become law.

2011-S5567 - Bill Text download pdf

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

                                  5567

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 2, 2011
                               ___________

Introduced  by Sens. DILAN, FUSCHILLO -- 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, in relation to  maintenance
  and installation of 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,  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 conditional discharge
imposed for such violation of section eleven hundred ninety-two of  this
article  [and  in  no event for less than six months].  THE CONDITION OF
MAINTENANCE AND INSTALLATION  OF  AN  IGNITION  INTERLOCK  DEVICE  SHALL
TERMINATE  AT  THE  END  OF  A  PERIOD  OF CONTINUOUS MAINTENANCE OF SIX
MONTHS, OR MORE AS DETERMINED BY THE COURT, OR THE END OF THE PERIOD  OF
PROBATION  OR  CONDITIONAL  DISCHARGE,  WHICHEVER  IS EARLIER. 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.
                                                           LBD11904-02-1

S. 5567                             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,  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  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].    THE
CONDITION  OF  MAINTENANCE  AND  INSTALLATION  OF  AN IGNITION INTERLOCK
DEVICE SHALL TERMINATE AT THE END OF A PERIOD OF CONTINUOUS  MAINTENANCE
OF  SIX  MONTHS,  OR  MORE AS DETERMINED BY THE COURT, OR THE END OF THE
PERIOD OF PROBATION OR  CONDITIONAL  DISCHARGE,  WHICHEVER  IS  EARLIER.
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 3 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) 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  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 AND SUCH
PERSON HAS INSTALLED AN 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 revoca-
tion 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 alcohol. In exer-
cising discretion relating to the issuance of a  post-revocation  condi-
tional  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.
  S 4. Paragraph (f) of subdivision 3 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:
  (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.  ADDITIONALLY,
THE COMMISSIONER SHALL MAKE A NOTATION ON ANY CONDITIONAL LICENSE GRANT-
ED  PURSUANT  TO  THIS  SUBDIVISION THAT THE LICENSEE MAY OPERATE ONLY A
VEHICLE EQUIPPED WITH AN IGNITION INTERLOCK DEVICE.

S. 5567                             3

  S 5. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law;  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.

co-Sponsors

2011-S5567A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1193 & 1198, V & T L

2011-S5567A (ACTIVE) - Summary

Provides that the condition of maintenance and installation of an ignition interlock device shall terminate at the end of six months.

2011-S5567A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5567A

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to maintenance and
installation of ignition interlock devices

PURPOSE:
To clarify and improve provisions of the mandatory ignition interlock
law passed in 2009, known as Leandra's Law, to require that
individuals sentenced to install interlock devices in their vehicles
must do so for a period of six months or be without their driver's
license for a period commensurate with their probation.

SUMMARY OF PROVISIONS:
Section 1 amends subparagraph (ii) of paragraph (b) of subdivision 1
of section 1193 of the vehicle and traffic law to include language
stating:
The condition of maintenance and installation of an ignition interlock
device shall terminate at the end of a period of continuous
maintenance of six months, or more as determined by the court, or the
end of the period of probation or conditional discharge, whichever is
earlier.

Section 2 amends subparagraph (iii) of paragraph (c) of subdivision 1
of section 1193 of vehicle and traffic law in the same manner as

section 1 of the bill

Section 3 amends paragraph (a) of subdivision 3 of section 1198 of the
vehicle and traffic law to require that the sentencing court notify
the Department of Motor Vehicles that an individual has installed an
ignition interlock device.

Section 4 is the effective date.

JUSTIFICATION:
Current law, while it has been proven to be an effective tool in
deterring drunk driving, contains a loophole that allows violators to
simply give up their license for a period of six months instead of
installing the ignition interlock device. Current law says that at
the end of six months after conviction, a violator can get his or her
license back without having to install an ignition interlock device.
In order for Leandra's Law to be as effective as possible this
legislation is necessary to deter violators from simply choosing to
give up their license for a relatively short period of time.
Unfortunately, the statistics have shown that many drivers are
choosing to give up their license for six months - taking their
chances behind the wheel in hopes they will not be pulled over. This
legislation will make that choice less likely and force more people
to follow the original intent of the law that
requires them to install the ignition interlock device. It will also
ensure that the Department of Motor Vehicles is properly notified
when a person complies with the provisions of Leandra's Law.

LEGISLATIVE HISTORY:
New Bill.


EFFECTIVE DATE:
This act shall take effect ninety days after it shall have become law.

2011-S5567A (ACTIVE) - Bill Text download pdf

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

                                 5567--A
    Cal. No. 1058

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 2, 2011
                               ___________

Introduced  by Sens. DILAN, FUSCHILLO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  reported favorably from said committee, ordered to  first  and  second
  report,  amended  on second report, ordered to a third reading, and to
  be reprinted as amended, retaining its place in  the  order  of  third
  reading

AN  ACT to amend the vehicle and traffic law, in relation to maintenance
  and installation of 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,  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  conditional  discharge
imposed  for such violation of section eleven hundred ninety-two of this
article [and in no event for less than six months].   THE  CONDITION  OF
MAINTENANCE  AND  INSTALLATION  OF  AN  IGNITION  INTERLOCK DEVICE SHALL
TERMINATE AT THE END OF  A  PERIOD  OF  CONTINUOUS  MAINTENANCE  OF  SIX
MONTHS,  OR MORE AS DETERMINED BY THE COURT, OR THE END OF THE PERIOD OF
PROBATION OR CONDITIONAL  DISCHARGE,  WHICHEVER  IS  EARLIER.  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.

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

                                                           LBD11904-03-1

S. 5567--A                          2

  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,  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 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].  THE
CONDITION OF MAINTENANCE  AND  INSTALLATION  OF  AN  IGNITION  INTERLOCK
DEVICE  SHALL TERMINATE AT THE END OF A PERIOD OF CONTINUOUS MAINTENANCE
OF SIX MONTHS, OR MORE AS DETERMINED BY THE COURT, OR  THE  END  OF  THE
PERIOD  OF  PROBATION  OR  CONDITIONAL  DISCHARGE, WHICHEVER IS EARLIER.
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 3 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)  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 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  AND  HAS
BEEN  NOTIFIED BY THE SENTENCING COURT THAT SUCH PERSON HAS INSTALLED AN
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  alcohol. In exercising discretion relating to the issu-
ance of a post-revocation conditional license pursuant to this  subdivi-
sion,  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 with-
in  the ten years prior to application for such license. Upon the termi-
nation 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.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  the  amendments  to  section
1198  of  the  vehicle and traffic law made by section three of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith.

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Senate Bill S5567A

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Votes

Jun 7, 2011 - Transportation Committee Vote

Transportation Committee Vote: Jun 7, 2011

Bill Amendments

co-Sponsors

2011-S5567 - Details

2011-S5567 - Summary

2011-S5567 - Sponsor Memo

2011-S5567 - Bill Text download pdf

co-Sponsors

2011-S5567A (ACTIVE) - Details

2011-S5567A (ACTIVE) - Summary

2011-S5567A (ACTIVE) - Sponsor Memo

2011-S5567A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Martin Malavé Dilan

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Votes

Bill Amendments

co-Sponsors

Charles J. Fuschillo Jr.

2011-S5567 - Details

2011-S5567 - Summary

2011-S5567 - Sponsor Memo

2011-S5567 - Bill Text download pdf

co-Sponsors

Charles J. Fuschillo Jr.

2011-S5567A (ACTIVE) - Details

2011-S5567A (ACTIVE) - Summary

2011-S5567A (ACTIVE) - Sponsor Memo

2011-S5567A (ACTIVE) - Bill Text download pdf

Comments