S T A T E O F N E W Y O R K
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3316
2015-2016 Regular Sessions
I N A S S E M B L Y
January 22, 2015
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Introduced by M. of A. McKEVITT, GRAF, KOLB -- read once and referred to
the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the suspen-
sion and restoration of a driver's license following a second or
subsequent DWI conviction
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 3 of paragraph (b) of subdivision 2 of section
1193 of the vehicle and traffic law, as amended by chapter 732 of the
laws of 2006, is amended to read as follows:
(3) 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; prior
offense. [One year] TWO YEARS, where the holder is convicted of a
violation of subdivision two, three, four or four-a of section eleven
hundred ninety-two of this article committed within ten years of a
conviction for a violation of subdivision two, three, four or four-a of
section eleven hundred ninety-two of this article. Eighteen months,
where the holder is convicted of a violation of subdivision two-a of
section eleven hundred ninety-two of this article committed within ten
years of a conviction for a violation of subdivision two, two-a, three,
four or four-a of section eleven hundred ninety-two of this article; or
where the holder is convicted of a violation of subdivision two, three,
four or four-a of section eleven hundred ninety-two of this article
committed within ten years of a conviction for a violation of subdivi-
sion two-a of section eleven hundred ninety-two of this article.
S 2. Section 1196 of the vehicle and traffic law is amended by adding
a new subdivision 8 to read as follows:
8. RESTORATION OF LICENSE. NOTWITHSTANDING ANY INCONSISTENT PROVISION
OF THIS CHAPTER, WHEN RESTORING A LICENSE WHICH HAS BEEN REVOKED FOLLOW-
ING A SECOND OR SUBSEQUENT CONVICTION OF A VIOLATION OF SUBDIVISION TWO,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08275-01-5
A. 3316 2
THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTI-
CLE OR A FINDING OF REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO
SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE, WHICH WAS COMMITTED
WITHIN TEN YEARS OF ANY SUCH PRIOR CONVICTION OR FINDING OF CHEMICAL
TEST REFUSAL, THE COMMISSIONER MAY, IN LIEU OF ISSUING A DRIVER'S
LICENSE PURSUANT TO ARTICLE NINETEEN OF THIS CHAPTER, ISSUE A CONDI-
TIONAL DRIVER'S LICENSE AS DESCRIBED IN SUBDIVISION SEVEN OF THIS
SECTION. IN ADDITION TO THE CONDITIONS SET FORTH IN SUCH SUBDIVISION,
THE COMMISSIONER MAY ESTABLISH OTHER REASONABLE CONDITIONS TO THE
CONTINUED HOLDING OF SUCH LICENSE, INCLUDING, BUT NOT LIMITED TO, THE
HOLDER'S PERIODIC DEMONSTRATION THAT THE HOLDER IS CONTINUING TO PARTIC-
IPATE SATISFACTORILY IN ALCOHOLISM OR SUBSTANCE ABUSE COUNSELING OR
TREATMENT. THE PROVISIONS OF PARAGRAPH (E) OF SUBDIVISION SEVEN OF THIS
SECTION SHALL BE APPLICABLE TO ANY SUCH LICENSE. THE COMMISSIONER SHALL
DETERMINE THE PERIOD OF VALIDITY OF SUCH LICENSE, WHICH IN NO EVENT
SHALL BE GREATER THAN ONE YEAR, AFTER WHICH TIME THE COMMISSIONER MAY
ISSUE THE HOLDER A LICENSE PURSUANT TO ARTICLE NINETEEN OF THIS CHAPTER.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.