senate Bill S5216

2013-2014 Legislative Session

Relates to the restoration of a driver's license in certain cases

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 30, 2013 referred to transportation
May 29, 2013 delivered to assembly
passed senate
May 23, 2013 advanced to third reading
May 22, 2013 2nd report cal.
May 21, 2013 1st report cal.690
May 14, 2013 referred to transportation

Votes

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S5216 - Bill Details

See Assembly Version of this Bill:
A7927A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§510 & 1193, V & T L

S5216 - Bill Texts

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Relates to the restoration of a driver's license in certain cases.

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BILL NUMBER:S5216

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the restoration of a driver's license in certain cases

PURPOSE OF THE BILL: To clarify and mandate that, when a person has
been convicted of an alcohol/drug-related driving offense resulting in
a license suspension or revocation, such person's driver's license may
not be restored by the Department of Motor Vehicles unless and until
all conditions of the sentence upon conviction have been completed.

SUMMARY OF SPECIFIC PROVISIONS: This bill amends § 510 (license
suspensions and revocations generally) and § 1193 (criminal and
administrative penalties for alcohol-related offenses)of the Vehicle
and Traffic Law (VTL), by adding mirror provisions that require that
no license or privilege to operate a motor vehicle, which has been
suspended or revoked for the commission of an alcohol/drug-related
driving offense, may be restored unless the offender has demonstrated
that he or she has complied with and completed all statutory
requirements imposed under Article 31 of the VTL or by the court.

The Commissioner of Motor Vehicles, in consultation with the Office of
Court Administration, will promulgate any necessary rules and develop
any necessary forms to carry out the relicensing process.

JUSTIFICATION: Over the years, the Legislature has enacted several
important provisions aimed at those who commit alcohol/drug-related
driving. These provisions are directed at the full range of offenders
(from the first offender through the habitual offender), and include
such things as attendance at and completion of the drinking-driver
program (§ 1196), installation and use of the ignition interlock
device (§ 1198), and alcohol or drug assessment and treatment (
1198-a). Additionally, the sentencing court will impose the mandatory
fines and surcharges as well as certain discretionary conditions, such
as participation in a Victim's Impact Panel, the payment of
restitution, and/or community service.

As the number and scope of these requirements and conditions have
grown, it has become increasingly difficult for the Department of
Motor Vehicles to determine whether an applicant for relicensing has
fulfilled his or her obligations imposed as part of the sentence upon
conviction. There are numerous examples of offenders who are
relicensed before they have completed their conditions of sentence,
making a mockery of the statutory and judicial authorities surrounding
the sentence.

This measure would authorize the Commissioner of Motor Vehicles to
establish the means by which offenders must demonstrate that they have
completed all of the conditions of sentence imposed by law before a
license can be restored.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: Minimal to none. Once the methodology for
demonstrating compliance is established, the burden will be on the
offenders to meet those terms.


EFFECTIVE DATE: November 1, provided the promulgation of rules to
effectuate this statute could commence immediately upon the bill
becoming law.

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

                                  5216

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced by Sen. 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 the restora-
  tion of a driver's license in certain cases

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

  Section 1. Section 510 of the vehicle and traffic law  is  amended  by
adding a new subdivision 7-a to read as follows:
  7-A.   LICENSE   RESTORATION.  (A)  NOTWITHSTANDING  ANY  INCONSISTENT
PROVISION OF THIS CHAPTER,  WHEN  A  PERSON  HAS  BEEN  CONVICTED  OF  A
VIOLATION  OF  ANY  SUBDIVISION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THIS CHAPTER OR HAS BEEN ADJUDICATED A YOUTHFUL OFFENDER PURSUANT  TO  A
VIOLATION  OF  ANY  SUBDIVISION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THIS CHAPTER, OR HAS BEEN FOUND TO HAVE OPERATED A MOTOR  VEHICLE  AFTER
HAVING   CONSUMED   ALCOHOL  IN  VIOLATION  OF  SECTION  ELEVEN  HUNDRED
NINETY-TWO-A OF THIS CHAPTER, AND AS A RESULT IS SUBJECT TO A REVOCATION
OR SUSPENSION OF A LICENSE OR PRIVILEGE TO OPERATE A  MOTOR  VEHICLE  IN
THIS   STATE   PURSUANT  TO  THIS  SECTION  OR  SECTION  ELEVEN  HUNDRED
NINETY-THREE OF THIS CHAPTER, THE COMMISSIONER SHALL  NOT  RESTORE  SUCH
LICENSE  OR  PRIVILEGE  UNLESS  SUCH  PERSON  HAS DEMONSTRATED, ON FORMS
PRESCRIBED BY THE COMMISSIONER, THAT HE OR SHE HAS COMPLETELY  SATISFIED
ALL   OF   THE  APPLICABLE  REQUIREMENTS  IMPOSED  PURSUANT  TO  ARTICLE
THIRTY-ONE OF THIS CHAPTER AND ANY OTHER APPLICABLE  PROVISION  OF  THIS
CHAPTER,  AND HAS COMPLIED IN FULL WITH ANY OTHER CONDITIONS OF SENTENC-
ING IMPOSED BY THE COURT, INCLUDING, BUT NOT LIMITED TO, THE PAYMENT  IN
FULL OF ALL FINES AND MANDATORY SURCHARGES.
  (B)  THE COMMISSIONER, IN CONSULTATION WITH THE OFFICE OF COURT ADMIN-
ISTRATION, SHALL PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS  OF
THIS  SUBDIVISION AND PARAGRAPH (G) OF SUBDIVISION TWO OF SECTION ELEVEN
HUNDRED NINETY-THREE OF THIS CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10974-01-3

S. 5216                             2

  S 2. Subdivision 2 of section 1193 of the vehicle and traffic  law  is
amended by adding a new paragraph (g) to read as follows:
  (G)   LICENSE   RESTORATION.   (1)  NOTWITHSTANDING  ANY  INCONSISTENT
PROVISION OF THIS CHAPTER,  WHEN  A  PERSON  HAS  BEEN  CONVICTED  OF  A
VIOLATION  OF  ANY  SUBDIVISION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THIS CHAPTER OR HAS BEEN ADJUDICATED A YOUTHFUL OFFENDER PURSUANT  TO  A
VIOLATION  OF  ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO-A OF
THIS CHAPTER, OR HAS BEEN FOUND TO HAVE OPERATED A MOTOR  VEHICLE  AFTER
HAVING   CONSUMED   ALCOHOL  IN  VIOLATION  OF  SECTION  ELEVEN  HUNDRED
NINETY-TWO-A OF THIS CHAPTER, AND AS A RESULT IS SUBJECT TO A REVOCATION
OR SUSPENSION OF A LICENSE OR PRIVILEGE TO OPERATE A  MOTOR  VEHICLE  IN
THIS  STATE PURSUANT TO THIS SECTION OR SECTION FIVE HUNDRED TEN OF THIS
CHAPTER, THE COMMISSIONER SHALL NOT RESTORE SUCH  LICENSE  OR  PRIVILEGE
UNLESS  SUCH PERSON HAS DEMONSTRATED, ON FORMS PRESCRIBED BY THE COMMIS-
SIONER, THAT HE OR SHE HAS COMPLETELY SATISFIED ALL  OF  THE  APPLICABLE
REQUIREMENTS  IMPOSED PURSUANT TO ARTICLE THIRTY-ONE OF THIS CHAPTER AND
ANY OTHER APPLICABLE PROVISION OF THIS CHAPTER, AND HAS COMPLIED IN FULL
WITH ANY OTHER CONDITIONS OF SENTENCING IMPOSED BY THE COURT, INCLUDING,
BUT NOT LIMITED TO, THE PAYMENT IN  FULL  OF  ALL  FINES  AND  MANDATORY
SURCHARGES.
  (2)  THE COMMISSIONER, IN CONSULTATION WITH THE OFFICE OF COURT ADMIN-
ISTRATION, SHALL PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS  OF
THIS  SUBDIVISION AND SUBDIVISION SEVEN-A OF SECTION FIVE HUNDRED TEN OF
THIS CHAPTER.
  S 3. This act shall take effect immediately.

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