S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3225
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 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 increasing
   fines and license revocation  periods  for  repeat  alcohol  and  drug
   related offenses

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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] TWO THOUSAND FIVE HUNDRED
 dollars nor more than five thousand dollars or by a period of  imprison-
 ment  as  provided  in the penal law, or by both such fine and imprison-
 ment.
   § 2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04683-01-7

 A. 3225                             2
 
 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] WHERE the holder is convicted of a violation of subdivision  two,
 TWO-A,  three,  four  or  four-a of section eleven hundred ninety-two of
 this article [committed] AFTER HAVING BEEN CONVICTED TWO OR  MORE  TIMES
 OF  A  VIOLATION  OF  SUBDIVISION  TWO,  TWO-A, THREE, FOUR OR FOUR-A OF
 SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE within  THE  PRECEDING
 ten  years  [of  a  conviction  for  a violation of subdivision two-a of
 section eleven hundred ninety-two of this article], SUCH HOLDER SHALL BE
 PERMANENTLY DISQUALIFIED FROM OPERATING A MOTOR VEHICLE.
   § 3. Subparagraph 3 of paragraph (e) of subdivision 2 of section  1193
 of the vehicle and traffic law, as amended by chapter 173 of the laws of
 1990,  item (iii) of clause a as amended by section 35 and item (iii) of
 clause b as amended by section 36 of part LL of chapter 56 of  the  laws
 of 2010 and clause b as amended by section 17 of part E of chapter 60 of
 the laws of 2005, is amended to read as follows:
   (3)  Permanent disqualification from operating certain motor vehicles.
 a. ANY PERSON SENTENCED PURSUANT TO SUBPARAGRAPH (II) OF  PARAGRAPH  (C)
 OF  SUBDIVISION  ONE  OF  THIS SECTION SHALL BE PERMANENTLY DISQUALIFIED
 FROM OPERATING A MOTOR VEHICLE. IN ADDITION, THE COMMISSIONER SHALL  NOT
 ISSUE  SUCH  PERSON  A  LICENSE  VALID FOR THE OPERATION OF ANY VEHICLE.
 HOWEVER, THE COMMISSIONER MAY WAIVE SUCH DISQUALIFICATION  AND  PROHIBI-
 TION  HEREINBEFORE PROVIDED AFTER A PERIOD OF TEN YEARS HAS EXPIRED FROM
 SUCH SENTENCE AND MAY ISSUE A PERMANENTLY PROBATIONARY LICENSE PROVIDED:
   (I) THAT DURING SUCH TEN YEAR PERIOD SUCH PERSON HAS NOT VIOLATED  ANY
 OF  THE  PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE
 OR ANY ALCOHOL OR DRUG RELATED TRAFFIC OFFENSE IN THIS STATE OR  IN  ANY
 JURISDICTION OUTSIDE THIS STATE;
   (II) THAT SUCH PERSON PROVIDES ACCEPTABLE DOCUMENTATION TO THE COMMIS-
 SIONER  THAT  SUCH PERSON IS NOT IN NEED OF ALCOHOL OR DRUG TREATMENT OR
 HAS SATISFACTORILY COMPLETED A PRESCRIBED COURSE OF SUCH TREATMENT; AND
   (III) AFTER SUCH DOCUMENTATION IS ACCEPTED, THAT SUCH PERSON IS GRANT-
 ED A CERTIFICATE OF RELIEF FROM DISABILITIES AS PROVIDED FOR IN  SECTION
 SEVEN  HUNDRED  ONE  OF  THE  CORRECTION  LAW BY THE COURT IN WHICH SUCH
 PERSON WAS LAST PENALIZED PURSUANT TO PARAGRAPH (D) OF  SUBDIVISION  ONE
 OF THIS SECTION.
   B.  Except as otherwise provided herein, in addition to any revocation
 set forth in subparagraph four or five of paragraph (b) of this subdivi-
 sion, any person sentenced pursuant to subparagraph three  of  paragraph
 (d) of subdivision one of this section shall be permanently disqualified
 from operating any vehicle set forth in such paragraph. In addition, the
 commissioner  shall not issue such person a license valid for the opera-
 tion of any vehicle set forth therein by such person.  The  commissioner
 may  waive  such  disqualification and prohibition hereinbefore provided
 after a period of five years has expired from such sentencing provided:
   (i) that during such five year period such person has not violated any
 of the provisions of section eleven hundred ninety-two of  this  article

 A. 3225                             3
 
 or  any  alcohol or drug related traffic offense in this state or in any
 jurisdiction outside this state;
   (ii) that such person provides acceptable documentation to the commis-
 sioner  that  such person is not in need of alcohol or drug treatment or
 has satisfactorily completed a prescribed course of such treatment; and
   (iii) after such documentation is accepted, that such person is grant-
 ed a certificate of relief from disabilities or a  certificate  of  good
 conduct pursuant to article twenty-three of the correction law.
   [b]  C.    Any  person  who holds a commercial driver's license and is
 convicted of a violation of any subdivision of  section  eleven  hundred
 ninety-two  of  this  article  who has had a prior finding of refusal to
 submit to a chemical test pursuant to section eleven hundred ninety-four
 of this article or has had a prior conviction of any  of  the  following
 offenses:    any  violation of section eleven hundred ninety-two of this
 article; any violation of subdivision one or two of section six  hundred
 of  this  chapter; or has a prior conviction of any felony involving the
 use of a motor vehicle pursuant to paragraph (a) of subdivision  one  of
 section  five  hundred  ten-a  of  this  chapter,  shall  be permanently
 disqualified from operating a commercial motor vehicle. The commissioner
 may waive such disqualification and  prohibition  hereinbefore  provided
 after a period of ten years has expired from such sentence provided:
   (i) that during such ten year period such person has not been found to
 have  refused a chemical test pursuant to section eleven hundred ninety-
 four of this article while operating a motor vehicle and  has  not  been
 convicted  of  any one of the following offenses while operating a motor
 vehicle: any violation of section  eleven  hundred  ninety-two  of  this
 article;  any violation of subdivision one or two of section six hundred
 of this chapter; or has a prior conviction of any felony  involving  the
 use  of  a motor vehicle pursuant to paragraph (a) of subdivision one of
 section five hundred ten-a of this chapter;
   (ii) that such person provides acceptable documentation to the commis-
 sioner that such person is not in need of alcohol or drug  treatment  or
 has satisfactorily completed a prescribed course of such treatment; and
   (iii) after such documentation is accepted, that such person is grant-
 ed  a  certificate  of relief from disabilities or a certificate of good
 conduct pursuant to article twenty-three of the correction law.
   [c] D.  Upon a third finding of refusal and/or conviction  of  any  of
 the offenses which require a permanent commercial driver's license revo-
 cation,  such permanent revocation may not be waived by the commissioner
 under any circumstances.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.