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
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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been revoked pursuant to the provisions of this section.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.