S T A T E   O F   N E W   Y O R K
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                                  7541

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2011
                               ___________

Introduced by M. of A. McKEVITT -- read once and referred to the Commit-
  tee on Transportation

AN  ACT to amend the vehicle and traffic law, in relation to the suspen-
  sion and restoration of a  driver's  license  following  a  second  or
  subsequent DWI conviction

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

  Section 1. Subparagraph 3 of paragraph (b) of subdivision 2 of section
1193 of the vehicle and traffic law, as amended by chapter  732  of  the
laws of 2006, is amended to read as follows:
  (3)  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; prior
offense. [One year] TWO YEARS,  where  the  holder  is  convicted  of  a
violation  of  subdivision  two, three, four or four-a of section eleven
hundred ninety-two of this article  committed  within  ten  years  of  a
conviction  for a violation of subdivision two, three, four or four-a of
section eleven hundred ninety-two  of  this  article.  Eighteen  months,
where  the  holder  is  convicted of a violation of subdivision two-a of
section eleven hundred ninety-two of this article committed  within  ten
years  of a conviction for a violation of subdivision two, two-a, three,
four or four-a of section eleven hundred ninety-two of this article;  or
where  the holder is convicted of a violation of subdivision two, three,
four or four-a of section eleven  hundred  ninety-two  of  this  article
committed  within  ten years of a conviction for a violation of subdivi-
sion two-a of section eleven hundred ninety-two of this article.
  S 2.  Section 1196 of the vehicle and traffic law is amended by adding
a new subdivision 8 to read as follows:
  8. RESTORATION OF LICENSE. NOTWITHSTANDING ANY INCONSISTENT  PROVISION
OF THIS CHAPTER, WHEN RESTORING A LICENSE WHICH HAS BEEN REVOKED FOLLOW-
ING A SECOND OR SUBSEQUENT CONVICTION OF A VIOLATION OF SUBDIVISION TWO,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11067-01-1
              

A. 7541                             2

THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTI-
CLE  OR  A  FINDING  OF REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO
SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE, WHICH WAS  COMMITTED
WITHIN  TEN  YEARS  OF  ANY SUCH PRIOR CONVICTION OR FINDING OF CHEMICAL
TEST REFUSAL, THE COMMISSIONER  MAY,  IN  LIEU  OF  ISSUING  A  DRIVER'S
LICENSE  PURSUANT  TO  ARTICLE  NINETEEN OF THIS CHAPTER, ISSUE A CONDI-
TIONAL DRIVER'S LICENSE  AS  DESCRIBED  IN  SUBDIVISION  SEVEN  OF  THIS
SECTION.  IN  ADDITION  TO THE CONDITIONS SET FORTH IN SUCH SUBDIVISION,
THE COMMISSIONER  MAY  ESTABLISH  OTHER  REASONABLE  CONDITIONS  TO  THE
CONTINUED  HOLDING  OF  SUCH LICENSE, INCLUDING, BUT NOT LIMITED TO, THE
HOLDER'S PERIODIC DEMONSTRATION THAT THE HOLDER IS CONTINUING TO PARTIC-
IPATE SATISFACTORILY IN ALCOHOLISM  OR  SUBSTANCE  ABUSE  COUNSELING  OR
TREATMENT.  THE PROVISIONS OF PARAGRAPH (E) OF SUBDIVISION SEVEN OF THIS
SECTION SHALL BE APPLICABLE TO ANY SUCH LICENSE. THE COMMISSIONER  SHALL
DETERMINE  THE  PERIOD  OF  VALIDITY  OF SUCH LICENSE, WHICH IN NO EVENT
SHALL BE GREATER THAN ONE YEAR, AFTER WHICH TIME  THE  COMMISSIONER  MAY
ISSUE THE HOLDER A LICENSE PURSUANT TO ARTICLE NINETEEN OF THIS CHAPTER.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.