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

                                  2279

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  MALLIOTAKIS, CROUCH, RAIA, GALEF, GABRYSZAK,
  MARKEY, McKEVITT, BLANKENBUSH, MILLER, JOHNS, FINCH -- Multi-Sponsored
  by -- M. of A. BARCLAY, CERETTO, THIELE -- read once and  referred  to
  the Committee on Transportation

AN  ACT  to amend the vehicle and traffic law, in relation to revocation
  of drivers' licenses and registrations for driving  while  intoxicated
  convictions

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

  Section 1. Subparagraph 12  of  paragraph  (b)  of  subdivision  2  of
section  1193 of the vehicle and traffic law, as added by chapter 732 of
the laws of 2006, item (ii) of clause (b) as amended by section  32  and
item  (iii) of clause (e) as amended by section 33 of part LL of chapter
56 of the laws of 2010, is amended to read as follows:
  (12) Permanent revocation. (a) Notwithstanding any other provision  of
this  chapter  to  the contrary, whenever a revocation is imposed upon a
person for the refusal to submit to a  chemical  test  pursuant  to  the
provisions  of  section  eleven  hundred  ninety-four of this article or
conviction for any violation of section  eleven  hundred  ninety-two  of
this  article [for which a sentence of imprisonment may be imposed], and
such person has:   (i) [within  the  previous  four  years]  been  twice
convicted of any provisions of section eleven hundred ninety-two of this
article  or  a  violation of the penal law for which a violation of such
section eleven hundred ninety-two is an essential element and  at  least
one  such  conviction  was  for a crime, or has twice been found to have
refused to submit to a chemical test pursuant to section eleven  hundred
ninety-four  of  this  article,  or  has  any  combination  of  two such
convictions and findings of refusal not arising out of  the  same  inci-
dent;  or  (ii)  [within the previous eight years] been convicted [three
times of any provision] TWO TIMES OF A  VIOLATION  OF  SUBDIVISION  TWO,
TWO-A,  THREE,  FOUR  OR  FOUR-A of section eleven hundred ninety-two of
this article for [which a sentence of imprisonment may be imposed or]  a
violation  of the penal law for which a violation of such section eleven
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04037-01-3

A. 2279                             2

hundred ninety-two is  an  essential  element  and  at  least  two  such
convictions  were for crimes, or has been found, on three separate occa-
sions, to have refused to submit to a chemical test pursuant to  section
eleven  hundred  ninety-four  of this article, or has any combination of
such convictions and findings of refusal not arising  out  of  the  same
incident, such revocation shall be permanent.
  (b)  The  permanent driver's license revocation required by clause (a)
of this subparagraph shall be waived by the commissioner after a  period
of  [five]  TEN years has expired since the imposition of such permanent
revocation, provided that during such [five-year] TEN-YEAR  period  such
person  has  not  been found to have refused a chemical test pursuant to
section eleven hundred ninety-four of this  article  while  operating  a
motor  vehicle and has not been convicted of a violation of any subdivi-
sion of section eleven hundred ninety-two of  this  article  or  section
five  hundred eleven of this chapter or a violation of the penal law for
which a violation of any subdivision  of  such  section  eleven  hundred
ninety-two is an essential element and either:
  (i)  that such person provides acceptable documentation to the commis-
sioner that such person has voluntarily  enrolled  in  and  successfully
completed an appropriate rehabilitation program; or
  (ii) that such person is granted a certificate of relief from disabil-
ities  or a certificate of good conduct pursuant to article twenty-three
of the correction law.
  Provided, however, that the commissioner may, on a case by case basis,
refuse to restore a license which otherwise would be  restored  pursuant
to this item, in the interest of the public safety and welfare.
  (c)  For  revocations  imposed pursuant to clause (a) of this subpara-
graph, the  commissioner  may  adopt  rules  to  permit  conditional  or
restricted  operation  of  a  motor  vehicle  by any such person after a
mandatory revocation period of not less than three years subject to such
criteria, terms and conditions as established by the commissioner.
  (d) Upon (i) a finding of refusal after having  been  convicted  three
times  [within  four years] of a violation of any subdivision of section
eleven hundred ninety-two of this article or of the penal law for  which
a violation of any subdivision of such section eleven hundred ninety-two
is an essential element or any combination of three such convictions not
arising  out of the same incident [within four years] or (ii) a [fourth]
THIRD conviction of any subdivision of section eleven hundred ninety-two
of this article after having been convicted of any such  subdivision  of
such  section  eleven hundred ninety-two or of the penal law for which a
violation of any of such subdivisions of  such  section  eleven  hundred
ninety-two  is  an  essential  element  or any combination of three such
convictions not arising out of the same incident [within four years]  or
(iii)  a  finding  of  refusal  after having been convicted [four] THREE
times [within eight years] of a violation of any subdivision of  section
eleven  hundred ninety-two of this article or of the penal law for which
a violation of any of such subdivisions of such section  eleven  hundred
ninety-two  is  an  essential  element or any combination of [four] such
convictions not arising out of the same incident [within eight years] or
(iv) a [fifth] THIRD conviction of any  subdivision  of  section  eleven
hundred  ninety-two  of this article after having been convicted of such
subdivision or of the penal law for which a violation  of  any  of  such
subdivisions  of  such section eleven hundred ninety-two is an essential
element or any combination of [four] such convictions not arising out of
the same incident [within eight years], such revocation shall be  perma-
nent.

A. 2279                             3

  (e)  The  permanent driver's license revocation required by clause (d)
of this subparagraph may be waived by the commissioner after a period of
[eight] TEN years has expired since the  imposition  of  such  permanent
revocation provided:
  (i)  that during such [eight-year] TEN-YEAR period such person has not
been found to have refused a chemical test pursuant  to  section  eleven
hundred  ninety-four of this article while operating a motor vehicle and
has not been convicted of a violation  of  any  subdivision  of  section
eleven hundred ninety-two of this article or section five hundred eleven
of this chapter or a violation of the penal law for which a violation of
any  such  subdivisions  of such section eleven hundred ninety-two is an
essential element; and
  (ii) that such person provides acceptable documentation to the commis-
sioner that such person has voluntarily  enrolled  in  and  successfully
completed an appropriate rehabilitation program; and
  (iii) after such documentation is accepted, that such person is grant-
ed  a  certificate  of relief from disabilities or a certificate of good
conduct pursuant to article twenty-three of the correction law.
  Notwithstanding the provisions of this clause,  nothing  contained  in
this  clause  shall  be  deemed to require the commissioner to restore a
license to an applicant who otherwise has complied with the requirements
of this item, in the interest of the public safety and welfare.
  (f) Nothing contained in this subparagraph shall be deemed to reduce a
license revocation period imposed pursuant to  any  other  provision  of
law.
  S 2. Section 401 of the vehicle and traffic law is amended by adding a
new subdivision 5-b to read as follows:
  5-B.  REVOCATION  AND  DENIAL  OF  REGISTRATION  BASED ON SUSPENDED OR
REVOKED DRIVER'S LICENSE OR PRIVILEGE. THE  REGISTRATION  OF  ANY  MOTOR
VEHICLE  REGISTERED  TO  A  PERSON  WHO  HAS  HAD THEIR DRIVER'S LICENSE
SUSPENDED OR REVOKED AS A RESULT OF A CONVICTION OR CRIMINAL PENALTY FOR
AN OFFENSE AS PURSUANT TO SECTION ELEVEN HUNDRED  NINETY-THREE  OF  THIS
CHAPTER  SHALL  BE  REVOKED  AND  THE NUMBER PLATES OF ANY SUCH VEHICLES
SHALL BE SURRENDERED. IF AT THE TIME OF APPLICATION FOR A  REGISTRATION,
THE  RECORDS OF THE DEPARTMENT INDICATE THAT THE REGISTRANT'S LICENSE OR
PRIVILEGE OF OPERATING A MOTOR VEHICLE IN THIS  STATE  OR  PRIVILEGE  OF
OBTAINING  A LICENSE TO OPERATE SUCH MOTOR VEHICLE ISSUED BY THE COMMIS-
SIONER IS SUSPENDED, REVOKED OR OTHERWISE WITHDRAWN BY THE COMMISSIONER,
THE COMMISSIONER MAY, PURSUANT TO REGULATION,  DENY  SUCH  REGISTRATION.
SUCH  REVOCATION  OR  DENIAL  SHALL ONLY REMAIN IN EFFECT AS LONG AS THE
SUSPENSION, REVOCATION OR WITHDRAWAL OF THE  DRIVER'S  LICENSE  HAS  NOT
BEEN TERMINATED.
  S  3. Section 1193 of the vehicle and traffic law is amended by adding
a new subdivision 3 to read as follows:
  3. REGISTRATION SANCTIONS.  ANY  PERSON  WHO  HAS  HAD  THEIR  LICENSE
SUSPENDED  OR  REVOKED  PURSUANT  TO ANY PROVISION OF SUBDIVISION TWO OF
THIS SECTION SHALL SURRENDER THE CERTIFICATES OF REGISTRATION AND NUMBER
PLATES OF ALL MOTOR VEHICLES WHICH SUCH PERSON HAS  REGISTERED  PURSUANT
TO  ARTICLE  FOURTEEN OF THIS CHAPTER. UPON RECEIPT OF SUCH CERTIFICATES
OF REGISTRATION AND NUMBER PLATES, THE COURT SHALL RETURN  SUCH  TO  THE
COMMISSIONER.  SUCH REVOCATION OF REGISTRATION SHALL REMAIN IN EFFECT AS
LONG AS THE  SUSPENSION,  REVOCATION  OR  WITHDRAWAL  OF  SUCH  DRIVER'S
LICENSE.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.