|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 26, 2013||signed chap.169|
|Jul 19, 2013||delivered to governor|
|Jun 21, 2013||returned to assembly|
3rd reading cal.1628
substituted for s5859
|Jun 21, 2013||substituted by a2285a|
ordered to third reading cal.1628
|Jun 18, 2013||referred to rules|
senate Bill S5859Signed By Governor
Archive: Last Bill Status Via A2285 - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
S5859 - Details
S5859 - Summary
Relates to driving while intoxicated and the installation of interlock ignition devices.
S5859 - Sponsor Memo
BILL NUMBER:S5859 TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to driving while intoxicated and ignition interlock devices PURPOSE: To better effectuate the purposes of Chapter 496 of the Laws of 2009 ("Leandra's Law"). SUMMARY OF PROVISIONS: Section one of the bill provides that a person operating a vehicle with a conditional license while intoxicated or impaired would be subject to a charge of first degree aggravated unlicensed operation (AUO) of a motor vehicle, which is a class E felony. Section two of the bill clarifies that youthful offenders are subject to ignition interlock requirements, and provides that the minimum period of interlock installation would be increased to 12 months, but reduced to six months upon submission of proof that the defendant installed and maintained an interlock device for at least six months, unless the court orders a longer interlock period. It also provides that the interlock period would commence from the earlier of the date of sentencing, or the date that an interlock device was installed in advance of sentencing.
S5859 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5859 2013-2014 Regular Sessions I N S E N A T E June 18, 2013 ___________ Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the vehicle and traffic law, in relation to driving while intoxicated and ignition interlock devices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (iii) of paragraph (a) of subdivision 3 of section 511 of the vehicle and traffic law, as amended by chapter 746 of the laws of 2006, is amended and a new subparagraph (iv) is added to read as follows: (iii) commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section; and is operating a motor vehicle while under permanent revoca- tion as set forth in subparagraph twelve of paragraph (b) of subdivision two of section eleven hundred ninety-three of this chapter[.]; OR (IV) OPERATES A MOTOR VEHICLE UPON A PUBLIC HIGHWAY WHILE HOLDING A CONDITIONAL LICENSE ISSUED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER WHILE UNDER THE INFLUENCE OF ALCOHOL OR A DRUG IN VIOLATION OF SUBDIVISION ONE, TWO, TWO-A, THREE, FOUR, FOUR-A OR FIVE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER. S 2. Paragraphs (b) and (c) of subdivision 1 of section 1193 of the vehicle and traffic law, as amended by chapter 496 of the laws of 2009, are amended to read as follows: (b) Driving while intoxicated or while ability impaired by drugs or while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs; aggravated driving while intoxicated; misdemeanor offenses. (i) A violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of this article shall be a misdemeanor and shall be punishable by a fine of not less than five hundred dollars nor more than one thousand dollars, or by imprisonment in a penitentiary EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01426-09-3
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