senate Bill S7613

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
Jun 17, 2014 referred to transportation
delivered to assembly
passed senate
ordered to third reading cal.1451
committee discharged and committed to rules
May 15, 2014 referred to transportation

Votes

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S7613 - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§510 & 1193, V & T L
Versions Introduced in 2013-2014 Legislative Session:
S5216

S7613 - Bill Texts

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

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BILL NUMBER:S7613

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: This legislation would 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 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,
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 DMV to determine
if 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.

LEGISLATIVE HISTORY: Same as S.5216 of 2013, Passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


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

                                  7613

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11401-03-4

S. 7613                             2

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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