Assembly Bill A4346

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

                                  4346

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced by M. of A. PRETLOW, WRIGHT, CLARK, GALEF, BRENNAN, HOOPER --
  read once and referred to the Committee on Codes

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  seizure of vehicles after driving while intoxicated  convictions;  and
  to amend the vehicle and traffic law, in relation to the revocation of
  licenses  for  driving  while  intoxicated  offenses and the denial of
  vehicle registration after three driving while intoxicated offenses

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

  Section 1. Section 1310 of the civil practice law and rules is amended
by adding a new subdivision 15 to read as follows:
  15.  "INTOXICATION  OFFENSE"  MEANS  A  CONVICTION  FOR A VIOLATION OF
SUBDIVISION TWO, TWO-A OR THREE OF SECTION ELEVEN HUNDRED NINETY-TWO  OF
THE VEHICLE AND TRAFFIC LAW.
  S 2. Subdivision 1 of section 1311 of the civil practice law and rules
is amended by adding a new paragraph (c) to read as follows:
  (C)  AN  ACTION  RELATING  TO AN INTOXICATION OFFENSE MUST BE GROUNDED
UPON A CONVICTION OF AN INTOXICATED OFFENSE, AS  PROVIDED  FOR  BY  THIS
PARAGRAPH. IF A DEFENDANT HAS BEEN CONVICTED OF HIS OR HER SECOND INTOX-
ICATION  OFFENSE, ANY AND ALL VEHICLES REGISTERED TO HIM OR HER SHALL BE
FORFEITED FOR A PERIOD OF SIX MONTHS. IF SUCH VEHICLE IS ALSO USED BY  A
MEMBER  OF  THE DEFENDANT'S HOUSEHOLD, THE HOUSEHOLD MEMBER SHALL POST A
BOND OF NOT LESS THAN ONE THOUSAND DOLLARS  TO  BE  SURRENDERED  IN  THE
EVENT  THAT  THE  DEFENDANT  IS  FOUND  TO BE DRIVING SUCH VEHICLE. IF A
DEFENDANT HAS BEEN CONVICTED OF HIS OR HER THIRD  INTOXICATION  OFFENSE,
ANY  AND  ALL  VEHICLES  REGISTERED TO HIM OR HER SHALL BE FORFEITED AND
NOTWITHSTANDING THE PROVISIONS OF SECTION THIRTEEN HUNDRED FORTY-NINE OF
THIS ARTICLE, SUCH VEHICLE OR VEHICLES SHALL BE SOLD WITH  THE  PROCEEDS
OF SUCH SALE GOING TO THE COUNTY OF JURISDICTION'S DRIVING WHILE INTOXI-
CATED PROGRAM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07835-01-3

              

A. 4346                             2

  S 3. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and
traffic  law, as amended by section 1 of chapter 312 of the laws of 1994
and subparagraph 3 as amended by chapter 732 of the  laws  of  2006,  is
amended to read as follows:
  (c)  Reissuance  of  licenses; restrictions.   (1) Except as otherwise
provided in this paragraph, where a license is revoked pursuant to para-
graph (b) of this subdivision, no new license shall be issued after  the
expiration  of the minimum period specified in such paragraph, except in
the discretion of the commissioner.
  (2) Where a license is revoked pursuant to subparagraph two, three  or
eight  of  paragraph (b) of this subdivision for a violation of subdivi-
sion four of section eleven hundred  ninety-two  of  this  article,  and
where  the  individual  does not have a driver's license or the individ-
ual's license was suspended at the time of conviction or youthful offen-
der or other juvenile adjudication, the commissioner shall not  issue  a
new  license  nor  restore the former license for a period of six months
after such individual would otherwise have become eligible to  obtain  a
new  license  or to have the former license restored; provided, however,
that during such delay period the commissioner may  issue  a  restricted
use license pursuant to section five hundred thirty of this chapter.
  (3)  In no event shall a new license be issued where a person has been
twice convicted of a violation of subdivision TWO, TWO-A, three, four or
four-a of section eleven hundred ninety-two of this article or of  driv-
ing while intoxicated or of driving while ability is impaired by the use
of a drug or of driving while ability is impaired by the combined influ-
ence of drugs or of alcohol and any drug or drugs where physical injury,
as  defined  in  section  10.00 of the penal law, has resulted from such
offense in each instance.
  S 4. Section 401 of the vehicle and traffic law is amended by adding a
new subdivision 22 to read as follows:
  22. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY  OTHER  LAW,
NO  VEHICLE  MAY  BE  REGISTERED BY AN INDIVIDUAL WHO HAS BEEN CONVICTED
THREE TIMES OF A VIOLATION OF SUBDIVISIONS TWO, TWO-A,  THREE,  FOUR  OR
FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER.
  S  5.  This act shall take effect immediately; provided, however, that
sections one, two and four of this act shall take effect on the first of
November next succeeding the date on which it shall have  become  a  law
and shall apply to offenses committed on or after such date.