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

                                   526

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO, LITTLE, DIAZ -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

AN  ACT  to  amend the vehicle and traffic law, in relation to sanctions
  for driving while ability impaired while holding a conditional license

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

  Section  1.  Clauses  d  and  e  of subparagraph 7 of paragraph (e) of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by chapter 251 of the laws of 2007, are amended to read as follows:
  d. Notwithstanding any contrary provision  of  this  chapter,  if  any
suspension  occurring  under  this subparagraph has been in effect for a
period of thirty days, [the holder may be issued]  THE  DEPARTMENT  MAY,
WITH  THE  CONSENT OF THE COURT, ISSUE a conditional license, in accord-
ance with section eleven hundred ninety-six of  this  article,  provided
the  holder of such license is otherwise eligible to receive such condi-
tional license. A conditional license issued pursuant to  this  subpara-
graph  shall  not be valid for the operation of a commercial motor vehi-
cle. The commissioner shall prescribe by regulation the  procedures  for
the issuance of such conditional license.
  e.  If  the  court  finds that the suspension imposed pursuant to this
subparagraph will result in extreme hardship, the court must issue  such
suspension,  but may grant a hardship privilege, IN CONJUNCTION WITH THE
INSTALLATION OF AN IGNITION INTERLOCK DEVICE, which shall be issued on a
form prescribed by the commissioner. For the purposes  of  this  clause,
"extreme  hardship" shall mean the inability to obtain alternative means
of travel to or from the licensee's employment, or to or from  necessary
medical  treatment for the licensee or a member of the licensee's house-
hold, or if the licensee is  a  matriculating  student  enrolled  in  an
accredited  school,  college  or  university  travel  to  or  from  such

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

                                                           LBD00094-01-1

S. 526                              2

licensee's school, college or university if such travel is necessary for
the completion of the educational degree or certificate. The  burden  of
proving  extreme hardship shall be on the licensee who may present mate-
rial  and  relevant  evidence.  A finding of extreme hardship may not be
based solely upon the testimony of  the  licensee.  In  no  event  shall
arraignment  be  adjourned or otherwise delayed more than three business
days solely for the purpose of allowing the licensee to present evidence
of extreme hardship. The court shall  set  forth  upon  the  record,  or
otherwise  set forth in writing, the factual basis for such finding. The
hardship privilege shall permit the operation  of  a  vehicle  only  for
travel  to  or  from  the licensee's employment, or to or from necessary
medical treatment for the licensee or a member of the licensee's  house-
hold,  or  if  the  licensee  is  a matriculating student enrolled in an
accredited  school,  college  or  university  travel  to  or  from  such
licensee's school, college or university if such travel is necessary for
the  completion  of  the  educational  degree or certificate. A hardship
privilege shall not be valid for the operation  of  a  commercial  motor
vehicle.  A  PRE-CONVICTION IGNITION INTERLOCK DEVICE INSTALLED PURSUANT
TO THIS CLAUSE SHALL BE INSTALLED AND MAINTAINED IN THE SAME  MANNER  AS
PRESCRIBED IN THIS ARTICLE.
  S  2. This act shall take effect one year after it shall have become a
law; provided, however, that the  amendments  to  clauses  d  and  e  of
subparagraph  7 of paragraph (e) of subdivision 2 of section 1193 of the
vehicle and traffic law made by section one of this act shall not affect
the repeal of such subparagraph and shall be deemed repealed therewith.