senate Bill S6636

2011-2012 Legislative Session

Relates to driving while intoxicated and the installation of ignition interlock devices

download bill text pdf

Sponsored By

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

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2012 referred to transportation
delivered to assembly
passed senate
Mar 15, 2012 advanced to third reading
Mar 14, 2012 2nd report cal.
Mar 13, 2012 1st report cal.352
Mar 07, 2012 referred to transportation

Co-Sponsors

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S6636 - Details

See Assembly Version of this Bill:
A9544
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§503, 510, 511, 1192, 1193, 1196, & 1198, V & T L; amd §259-c, Exec L; amd §§60.21, 60.36 & 65.10, Pen L; amd §160.10, CP L

S6636 - Summary

Relates to driving while intoxicated and the installation of interlock ignition devices; provides that where the court finds "good cause" it can sentence a person to wear a transdermal alcohol monitoring device for a period of not less than six months; makes related changes.

S6636 - Sponsor Memo

S6636 - Bill Text download pdf

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

                                  6636

                            I N  S E N A T E

                              March 7, 2012
                               ___________

Introduced by Sens. FUSCHILLO, DILAN, ADDABBO, ALESI, BONACIC, McDONALD,
  STAVISKY  --  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,  the
  penal law and the criminal procedure law, in relation to driving while
  intoxicated and ignition interlock devices

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

  Section 1. Paragraphs (b) and (c) of subdivision 1 of section 1193  of
the  vehicle  and  traffic law, as amended by chapter 496 of the laws of
2009, 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  also  sentence  such
person convicted [of] OR ADJUDICATED A YOUTHFUL OFFENDER FOR a violation
of  subdivision  two,  two-a [or], three OR PARAGRAPH (B) OF SUBDIVISION
FOUR-A 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 NOT TO OPERATE A MOTOR  VEHICLE  WITHOUT  AN  IGNITION
INTERLOCK  DEVICE,  NOT  TO OPERATE A MOTOR VEHICLE WITH A BLOOD ALCOHOL
CONCENTRATION ABOVE THE SETPOINT OF THE IGNITION INTERLOCK DEVICE AND to

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

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