senate Bill S6765

2013-2014 Legislative Session

Requires the department of corrections and community supervision to maintain the responsibility and costs of monitoring any person required to use an ignition device

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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
Jun 11, 2014 referred to correction
delivered to assembly
passed senate
ordered to third reading cal.1297
committee discharged and committed to rules
Mar 26, 2014 reported and committed to finance
Mar 07, 2014 referred to crime victims, crime and correction

Votes

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Jun 11, 2014 - Rules committee Vote

S6765
21
0
committee
21
Aye
0
Nay
2
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

Mar 26, 2014 - Crime Victims, Crime and Correction committee Vote

S6765
12
0
committee
12
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Mar 26, 2014

aye wr (1)

Co-Sponsors

S6765 - Bill Details

See Assembly Version of this Bill:
A8449
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง259-c, Exec L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S758
2011-2012: S5221A, A7669A

S6765 - Bill Texts

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Requires the department of corrections and community supervision to maintain the responsibility and costs of monitoring any person released on parole with the mandatory requirement of installation of an ignition interlock device on their motor vehicle.

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BILL NUMBER:S6765

TITLE OF BILL: An act to amend the executive law, in relation to an
ignition interlock device

PURPOSE:

Requires the Department of Corrections and Community Supervision to
maintain the responsibility and costs of monitoring any person
released on parole with the mandatory requirement of an ignition
interlock.

SUMMARY OF PROVISIONS:

Section 1 amends Subdivision 15-a of section 259-c of the Executive
law, as amended by Section 38-b of subpart A of part C of chapter 62
of the laws of 2011, to require the Parole Office to maintain the
responsibility and costs of monitoring any person released on parole
with the mandatory requirement of installation of an ignition
interlock device on their motor vehicle.

Section 2 provides for an immediate effective date.

EXISTING LAW:

Currently, the Office of Parole is charged with the supervision and
re-entry of persons released from State Prison who are required to
install an ignition interlock device pursuant to the provisions
created by Leandra's Law. The county agency designated to monitor
these same offenders must also supervise parolees after the completion
of their State Prison sentence for a mandatory six month interlock
condition.

JUSTIFICATION:

The monitoring of parolees by county departments such as probation,
district attorney, Sheriffs' offices and County STOP DWI is
duplicative because the Office of Parole is already charged with this
supervision. Having the Office of Parole as the sole entity
responsible for the supervision of these cases allows for more
effective monitoring of ignition interlock requirements in conjunction
with the individual's other conditions of parole.

LEGISLATIVE HISTORY:

2012: Passed Senate (S.5221A / A.7669A)
2013: Passed Senate (S.758 / A2726)

FISCAL IMPLICATIONS:

This bill will eliminate an unnecessary expense for counties and also
property tax payers.

EFFECTIVE DATE:

Immediately.


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

                                  6765

                            I N  S E N A T E

                              March 7, 2014
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed  to  be committed to the Committee on Crime Victims, Crime and
  Correction

AN ACT to amend the executive law, in relation to an ignition  interlock
  device

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

  Section 1.  Subdivision 15-a of section 259-c of the executive law, as
amended by section 38-b of subpart A of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
  15-a. Notwithstanding any other provision of law, where  a  person  is
serving  a sentence for a violation of section 120.03, 120.04, 120.04-a,
125.12, 125.13 or 125.14 of the penal law, or a  felony  as  defined  in
paragraph  (c) of subdivision one of section eleven hundred ninety-three
of the vehicle and traffic law, if such person is released on parole  or
conditional  release the board shall require as a mandatory condition of
such release, that such person install and maintain, in accordance  with
the provisions of section eleven hundred ninety-eight of the vehicle and
traffic  law, an ignition interlock device in any motor vehicle owned or
operated by such person during the term of such  parole  or  conditional
release  for  such  crime.   THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION SHALL MAINTAIN THE RESPONSIBILITY AND  COSTS  OF  MONITORING
ANY  PERSON RELEASED ON PAROLE WITH THE MANDATORY REQUIREMENT OF INSTAL-
LATION OF AN IGNITION INTERLOCK DEVICE ON  HIS  OR  HER  MOTOR  VEHICLE.
Provided  further,  however,  the  board may not otherwise 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
the vehicle and traffic law.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01402-01-3

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