senate Bill S742

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 - 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
Apr 16, 2013 referred to transportation
delivered to assembly
passed senate
Feb 28, 2013 advanced to third reading
Feb 27, 2013 2nd report cal.
Feb 12, 2013 1st report cal.59
Jan 09, 2013 referred to transportation

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S742 - 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:
2011-2012: S526A, A850A
2009-2010: S5141A, A11660

S742 - 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:S742

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 an 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 the 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 temporally receiving a conditional license.

LEGISLATIVE HISTORY:
2011-12: Passed the Senate (S.526A/A.850A)
2010: Reported to Finance (S.5141A/A.11660)
2009: Referred to Transportation (S.5141A)

FISCAL IMPLICATIONS:
None to state.

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
________________________________________________________________________

                                   742

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  FUSCHILLO,  BONACIC,  FLANAGAN,  LARKIN,  LITTLE,
  RANZENHOFER -- 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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