S T A T E O F N E W Y O R K
________________________________________________________________________
6445
2015-2016 Regular Sessions
I N A S S E M B L Y
March 25, 2015
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Introduced by M. of A. ORTIZ, HOOPER, DenDEKKER, WEPRIN, THIELE --
Multi-Sponsored by -- M. of A. CRESPO, HIKIND, ROBINSON -- read once
and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to mandating
ignition interlock devices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1198-b to read as follows:
S 1198-B. INSTALLATION OF IGNITION INTERLOCK DEVICES. 1. EVERY MOTOR
VEHICLE, AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER,
MANUFACTURED FOR USE IN THIS STATE ON AND AFTER DECEMBER THIRTY-FIRST,
TWO THOUSAND EIGHTEEN, AND EVERY SECOND HAND MOTOR VEHICLE SOLD IN THIS
STATE ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN WHICH IS
CAPABLE OF HAVING AN IGNITION INTERLOCK DEVICE INSTALLED, SHALL BE
EQUIPPED WITH A FUNCTIONAL IGNITION INTERLOCK DEVICE OF A TYPE AND SPEC-
IFICATION AS CERTIFIED BY THE COMMISSIONER OF HEALTH PURSUANT TO SUBDI-
VISION SIX OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE.
2. IGNITION INTERLOCKING DEVICES FOR EXISTING MOTOR VEHICLES REGIS-
TERED IN THE STATE. ANY MOTOR VEHICLE AS DEFINED IN SECTION ONE HUNDRED
TWENTY-FIVE OF THIS CHAPTER, SHALL BY DECEMBER THIRTY-FIRST, TWO THOU-
SAND NINETEEN BE RETROFITTED SO THAT ALL SUCH VEHICLES ARE EQUIPPED WITH
AN IGNITION INTERLOCKING DEVICE IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION.
3. FOR THE PURPOSES OF THIS SECTION, THE TERM "IGNITION INTERLOCKING
DEVICE" SHALL MEAN ANY BLOOD ALCOHOL CONCENTRATION EQUIVALENCE MEASURING
DEVICE WHICH CONNECTS TO A MOTOR VEHICLE IGNITION SYSTEM AND PREVENTS A
MOTOR VEHICLE FROM BEING STARTED WITHOUT FIRST DETERMINING THROUGH AN
ESSENTIAL DEEP LUNG BREATH SAMPLE THAT THE OPERATOR'S EQUIVALENT BREATH
ALCOHOL LEVEL DOES NOT EXCEED THE CALIBRATED SETTING ON SUCH DEVICE.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10162-01-5