S T A T E O F N E W Y O R K
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8647
I N A S S E M B L Y
January 7, 2016
___________
Introduced by M. of A. KOLB -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law and the vehicle and traffic law, in
relation to persistent driving while intoxicated; and to repeal
certain provisions of the vehicle and traffic law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Part 3 of the penal law is amended by adding a new title Q
to read as follows:
TITLE Q
DRIVING WHILE INTOXICATED
ARTICLE 300
PERSISTENT DRIVING WHILE INTOXICATED
SECTION 300.00 PERSISTENT DRIVING WHILE INTOXICATED IN THE THIRD DEGREE.
300.01 PERSISTENT DRIVING WHILE INTOXICATED IN THE SECOND
DEGREE.
300.02 PERSISTENT DRIVING WHILE INTOXICATED IN THE FIRST DEGREE.
300.03 VIOLATION OF ALCOHOL PRIVILEGE REVOKED.
S 300.00 PERSISTENT DRIVING WHILE INTOXICATED IN THE THIRD DEGREE.
A PERSON IS GUILTY OF THE OFFENSE OF PERSISTENT DRIVING WHILE INTOXI-
CATED IN THE THIRD DEGREE WHEN SUCH PERSON OPERATES A VEHICLE IN
VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW AFTER HAVING
BEEN CONVICTED OF ANY VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR
OR FOUR-A OF SUCH SECTION ON TWO OR MORE OCCASIONS.
IN ADDITION TO THE SENTENCING REQUIREMENTS, ANY PERSON UPON CONVICTION
UNDER THIS SECTION SHALL BE PROHIBITED FROM PURCHASING OR CONSUMING
ALCOHOLIC BEVERAGES FOR FIVE YEARS AFTER RELEASE FROM PRISON. THE COURT
SHALL FURTHER REQUIRE THAT A NOTATION OF THIS RESTRICTION BE AFFIXED TO
THE PERSON'S DRIVER'S LICENSE AT THE TIME OF REINSTATEMENT OF THE
LICENSE. THE COURT IN WHICH A CONVICTION IS ENTERED MUST FORWARD A COPY
OF THE CONVICTION TO THE DEPARTMENT OF MOTOR VEHICLES.
PERSISTENT DRIVING WHILE INTOXICATED IN THE THIRD DEGREE IS A CLASS D
FELONY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD13139-04-5
A. 8647 2
S 300.01 PERSISTENT DRIVING WHILE INTOXICATED IN THE SECOND DEGREE.
A PERSON IS GUILTY OF THE OFFENSE OF PERSISTENT DRIVING WHILE INTOXI-
CATED IN THE SECOND DEGREE WHEN SUCH PERSON OPERATES A VEHICLE IN
VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW AFTER HAVING
BEEN CONVICTED OF ANY VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR
OR FOUR-A OF SUCH SECTION ON ONE PRIOR OCCASION AND HAVING BEEN
CONVICTED OF VEHICULAR ASSAULT IN THE SECOND OR FIRST DEGREE, AS
DEFINED, RESPECTIVELY, IN SECTIONS 120.03 AND 120.04 OF THIS PART OR
AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN SECTION 120.04-A OF THIS PART
OR VEHICULAR MANSLAUGHTER IN THE SECOND OR FIRST DEGREE, AS DEFINED,
RESPECTIVELY, IN SECTIONS 125.12 AND 125.13 OR AGGRAVATED VEHICULAR
HOMICIDE AS DEFINED IN SECTION 125.14 OF THIS PART, ON ONE PRIOR OCCA-
SION.
IN ADDITION TO THE SENTENCING REQUIREMENTS, ANY PERSON UPON CONVICTION
UNDER THIS SECTION SHALL BE PROHIBITED FROM PURCHASING OR CONSUMING
ALCOHOLIC BEVERAGES FOR TEN YEARS AFTER RELEASE FROM PRISON. THE COURT
SHALL FURTHER REQUIRE THAT A NOTATION OF THE RESTRICTION BE AFFIXED TO
THE PERSON'S DRIVER'S LICENSE AT THE TIME OF REINSTATEMENT OF THE
LICENSE. THE COURT IN WHICH A CONVICTION IS ENTERED MUST FORWARD A COPY
OF THE CONVICTION TO THE DEPARTMENT OF MOTOR VEHICLES.
PERSISTENT DRIVING WHILE INTOXICATED IN THE SECOND DEGREE IS A CLASS C
FELONY.
S 300.02 PERSISTENT DRIVING WHILE INTOXICATED IN THE FIRST DEGREE.
A PERSON IS GUILTY OF THE OFFENSE OF PERSISTENT DRIVING WHILE INTOXI-
CATED IN THE FIRST DEGREE WHEN SUCH PERSON OPERATES A VEHICLE IN
VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW AFTER HAVING
BEEN CONVICTED OF VEHICULAR ASSAULT IN THE SECOND OR FIRST DEGREE, AS
DEFINED, RESPECTIVELY, IN SECTIONS 120.03 AND 120.04 OF THIS PART OR
AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN SECTION 120.04-A OF THIS PART
OR OF VEHICULAR MANSLAUGHTER IN THE SECOND OR FIRST DEGREE, AS DEFINED,
RESPECTIVELY, IN SECTIONS 125.12 AND 125.13 OR AGGRAVATED VEHICULAR
HOMICIDE AS DEFINED IN SECTION 125.14 OF THIS PART, ON TWO OR MORE PRIOR
OCCASIONS.
IN ADDITION TO THE SENTENCING REQUIREMENTS, ANY PERSON UPON CONVICTION
UNDER THIS SECTION, SHALL BE PROHIBITED FROM PURCHASING OR CONSUMING
ALCOHOLIC BEVERAGES FOR FIFTEEN YEARS AFTER RELEASE FROM PRISON. THE
COURT SHALL FURTHER REQUIRE THAT A NOTATION OF THIS RESTRICTION BE
AFFIXED TO THE PERSON'S DRIVER'S LICENSE AT THE TIME OF REINSTATEMENT OF
THE LICENSE. THE COURT IN WHICH A CONVICTION IS ENTERED MUST FORWARD A
COPY OF THE CONVICTION TO THE DEPARTMENT OF MOTOR VEHICLES.
PERSISTENT DRIVING WHILE INTOXICATED IN THE FIRST DEGREE IS A CLASS B
FELONY.
S 300.03 VIOLATION OF ALCOHOL PRIVILEGE REVOKED.
1. WHEN A PERSON HAS VIOLATED THE TERMS OF HIS OR HER CONDITIONAL
SENTENCING REQUIREMENT OF THEIR ALCOHOL PRIVILEGES BEING REVOKED, HE OR
SHE SHALL BE GUILTY OF A CLASS B MISDEMEANOR, AND SHALL BE PUNISHED BY A
FINE OF NO MORE THAT FIVE HUNDRED DOLLARS.
2. WHEN A PERSON HAS VIOLATED THE TERMS OF HIS OR HER CONDITIONAL
SENTENCING REQUIREMENT OF THEIR ALCOHOL PRIVILEGES BEING REVOKED AFTER
HAVING BEEN CONVICTED OF VIOLATING THEIR CONDITIONAL SENTENCING REQUIRE-
MENT OF THEIR ALCOHOL PRIVILEGE BEING REVOKED, HE OR SHE SHALL BE GUILTY
OF A CLASS A MISDEMEANOR, AND SHALL BE PUNISHED BY A FINE OF NO MORE
THAN ONE THOUSAND DOLLARS.
A. 8647 3
S 2. Paragraph (b) of subdivision 3 of section 70.00 of the penal law
is relettered paragraph (c) and a new paragraph (b) is added to read as
follows:
(B) FOR ALL FELONIES DESCRIBED IN ARTICLE THREE HUNDRED OF THIS CHAP-
TER, THE MINIMUM PERIOD SHALL BE FIXED BY THE COURT AND SPECIFIED IN THE
SENTENCE AND SHALL BE NOT LESS THAN TWO YEARS.
S 3. Subdivision 1 of section 504 of the vehicle and traffic law is
amended by adding a new paragraph (a-2) to read as follows:
(A-2) IF A PERSON HAS BEEN CONVICTED UNDER PENAL LAW SECTIONS 300.00,
300.01, 300.02, OR IN VIOLATION OF PARAGRAPH (C) OF SUBDIVISION ONE OF
SECTION ELEVEN HUNDRED NINETY-THREE OF THIS CHAPTER AND IS GRANTED A
STATE-ISSUED PHOTO IDENTIFICATION LICENSE OR A DRIVER'S LICENSE, WITH OR
WITHOUT RESTRICTIONS, THE IDENTIFICATION CARD OR LICENSE SHALL INDICATE
THAT THE PERSON IS PROHIBITED FROM PURCHASING OR CONSUMING ALCOHOL WITH
THE WORDS "ALCOHOL PRIVILEGE REVOKED". ANY COST THE DEPARTMENT OF MOTOR
VEHICLES INCURS IN PROCESSING, PRODUCING, AND ISSUING AN IDENTIFICATION
CARD OR LICENSE WITH THE INDICATOR REQUIRED BY THIS PARAGRAPH OR OTHER-
WISE IMPLEMENTING THIS PARAGRAPH, SHALL BE PAID BY THE OFFENDERS TO WHOM
THE IDENTIFICATION CARDS OR LICENSES ARE ISSUED IN THE FORM OF AN ISSU-
ANCE FEE. THE DEPARTMENT SHALL DETERMINE THE AMOUNT OF THE FEE BY RULE,
BUT THE FEE SHALL NOT EXCEED THE COST OF IMPLEMENTING THIS PARAGRAPH.
S 4. Subparagraph (i) of paragraph (c) of subdivision 1 of section
1193 of the vehicle and traffic law, as amended by chapter 169 of the
laws of 2013, is amended to read as follows:
(i) A person who operates a vehicle (A) in violation of subdivision
two, two-a, three, four or four-a of section eleven hundred ninety-two
of this article after having been convicted of a violation of subdivi-
sion two, two-a, three, four or four-a of such section or of vehicular
assault in the second or first degree, as defined, respectively, in
sections 120.03 and 120.04 and aggravated vehicular assault as defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such law, within the preceding ten years, or (B) in violation of para-
graph (b) of subdivision two-a of section eleven hundred ninety-two of
this article shall be guilty of a class E felony, and shall be punished
by a fine of not less than one thousand dollars nor more than five thou-
sand dollars or by a period of imprisonment as provided in the penal
law, or by both such fine and imprisonment AND IN ADDITION, HE OR SHE
MAY BE PROHIBITED FROM PURCHASING OR CONSUMING ALCOHOLIC BEVERAGES FOR
UP TO A MAXIMUM OF THREE YEARS. THE COURT SHALL FURTHER REQUIRE THAT A
NOTATION OF THIS RESTRICTION BE AFFIXED TO THE PERSON'S DRIVER'S LICENSE
AT THE TIME OF REINSTATEMENT OF THE LICENSE.
S 5. Subparagraphs (ii) and (iii) of paragraph (c) of subdivision 1 of
section 1193 of the vehicle and traffic law are REPEALED and a new
subparagraph (ii) is added to read as follows:
(II) IN THE CASE OF A PERSON CONVICTED UNDER PENAL LAW SECTIONS
300.00, 300.01, 300.02, OR IN VIOLATION OF THIS PARAGRAPH, THE COURT
SHALL ORDER THE PERSON TO ABSTAIN FROM PURCHASING OR CONSUMING ALCOHOL
FOR SUCH PERIOD AS REQUIRED BY LAW PURSUANT TO THEIR OFFENSES AND
REQUIRE THAT A NOTATION OF THIS RESTRICTION BE AFFIXED TO THE PERSON'S
DRIVER'S LICENSE AT THE TIME OF REINSTATEMENT OF THE LICENSE AND NOTICE
OF THE ORDER SHALL BE GIVEN TO THE DEPARTMENT. THIS RESTRICTION SHALL
REMAIN ON THE DRIVER'S LICENSE FOR SUCH PERIOD REQUIRED BY LAW. THE
RESTRICTION MAY BE MODIFIED BY ORDER OF THE COURT AND NOTICE OF THE
ORDER SHALL BE GIVEN TO THE DEPARTMENT. UPON THE EXPIRATION OF THE PERI-
A. 8647 4
OD FOR THE RESTRICTION, THE DEPARTMENT SHALL REMOVE THE RESTRICTION
WITHOUT FURTHER COURT ORDER. FAILURE TO COMPLY WITH THE ORDER TO ABSTAIN
SHALL BE A VIOLATION OF THE SENTENCE. SUCH A VIOLATION SHALL BE PUNISHA-
BLE UNDER SECTION 300.03 OF THE PENAL LAW.
S 6. The commissioner of motor vehicles shall promulgate such rules
and regulations as are necessary that would require violation of subdi-
visions 2, 2-a, 3, 4 or 4-a of section 1192 of the vehicle and traffic
law to remain permanent on a person's driving record.
S 7. This act shall take effect immediately.