S T A T E O F N E W Y O R K
________________________________________________________________________
6029
2015-2016 Regular Sessions
I N S E N A T E
August 7, 2015
___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the vehicle and traffic law, in relation to enacting the
"support technology options preventing driving while intoxicated (STOP
DWI) act" mandating the installation of alcohol detection devices in
motor vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "support technology options preventing driving while intoxicated
(STOP DWI) act".
S 2. The vehicle and traffic law is amended by adding a new section
1198-b to read as follows:
S 1198-B. INSTALLATION OF ALCOHOL DETECTION DEVICES. 1. DEFINITIONS.
FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
A. "ALCOHOL DETECTION DEVICE" SHALL MEAN ANY BLOOD ALCOHOL CONCEN-
TRATION (BAC) MEASURING DEVICE WHICH UTILIZES TISSUE SPECTROMETRY, ELEC-
TROCHEMICAL SENSORS OR OTHER TECHNOLOGY CAPABLE OF DETECTING BAC THROUGH
THE SKIN WHICH IS CONNECTED TO A MOTOR VEHICLE IGNITION SYSTEM THAT
PREVENTS A MOTOR VEHICLE FROM BEING STARTED WITHOUT FIRST DETERMINING
THAT THE OPERATOR'S BAC DOES NOT EXCEED THE CALIBRATED SETTING ON SUCH
DEVICE; AND
B. "MOTOR VEHICLE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION
ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER.
2. ALCOHOL DETECTION DEVICE. EVERY NEW MOTOR VEHICLE SOLD AND REGIS-
TERED IN THIS STATE ON AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN
SHALL BE EQUIPPED WITH A FUNCTIONAL ALCOHOL DETECTION DEVICE.
3. CIRCUMVENTION OF ALCOHOL DETECTION DEVICE. A. NO PERSON SHALL
REQUEST, SOLICIT OR ALLOW ANY OTHER PERSON TO TOUCH, START OR OTHERWISE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11807-03-5
S. 6029 2
OPERATE AN IGNITION SYSTEM EQUIPPED WITH AN ALCOHOL DETECTION DEVICE FOR
THE PURPOSE OF PROVIDING SUCH PERSON WITH AN OPERABLE MOTOR VEHICLE.
B. NO PERSON SHALL TAMPER WITH OR CIRCUMVENT AN OTHERWISE OPERABLE
ALCOHOL DETECTION DEVICE.
C. IN ADDITION TO ANY OTHER PROVISIONS OF LAW, ANY PERSON CONVICTED OF
A VIOLATION OF THIS SUBDIVISION SHALL BE GUILTY OF A CLASS A MISDEMEA-
NOR.
S 3. This act shall take effect immediately; provided that subdivision
3 of section 1198-b of the vehicle and traffic law as added by section
two of this act shall take effect January 1, 2018.