senate Bill S7171

2013-2014 Legislative Session

Relates to sanctions for driving while ability impaired while holding a conditional license

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 01, 2014 referred to transportation

S7171 - Bill Details

See Assembly Version of this Bill:
A6489
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1193, V & T L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S742
2011-2012: A850A, S526A
2009-2010: A11660, S5141A

S7171 - Bill Texts

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Relates to sanctions for driving while ability impaired while holding a conditional license.

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BILL NUMBER:S7171

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to sanctions for driving while ability impaired while holding
a conditional license

PURPOSE:

Requires judicial discretion for the issuance of a conditional
license.

SUMMARY OF PROVISIONS:

Section. 1. provides for judicial consent at the time of issuance of a
conditional license.

Section 2. Effective date

JUSTIFICATION:

Currently 30 days following arraignment of a Driving While Intoxicated
charge offenders receive a conditional license granting them the
privilege to again operate a motor vehicle. The only provision to
disqualify a person from receiving a conditional license is if that
offender was enrolled in a Drinking Driver Program within the last
five years.

On February 22, 2009 Suffolk County police Officer Glen Ciano was
killed after being hit by a vehicle driven by Jose Borbon, who earlier
in the year was charged with Driving While Intoxicated. Due to
lackadaisical process in which conditional licenses are issued, Jose
Borbon's privilege to operate a motor vehicle was reinstated just 30
days following his original Driving While Intoxicated Charge.

This legislation will require each case be reviewed on a case by case
basis to ensure that the licensee does not in fact pose a threat to
society by temporarily receiving a conditional license.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

One year after it shall have become law.

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

                                  7171

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- 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  sanctions
  for driving while ability impaired while holding a conditional license

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

  Section 1. Clause d of subparagraph 7 of paragraph (e) of  subdivision
2  of section 1193 of the vehicle and traffic law, as amended by chapter
251 of the laws of 2007, is amended to read as follows:
  d. Notwithstanding any contrary provision  of  this  chapter,  if  any
suspension  occurring  under  this subparagraph has been in effect for a
period of thirty days, [the holder may be issued]  THE  DEPARTMENT  MAY,
WITH  THE  CONSENT OF THE COURT, ISSUE a conditional license, in accord-
ance with section eleven hundred ninety-six of  this  article,  provided
the  holder of such license is otherwise eligible to receive such condi-
tional license. A conditional license issued pursuant to  this  subpara-
graph  shall  not be valid for the operation of a commercial motor vehi-
cle. The commissioner shall prescribe by regulation the  procedures  for
the issuance of such conditional license.
  S  2. This act shall take effect one year after it shall have become a
law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01315-01-3

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