S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3390
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ORTIZ,  HOOPER, DenDEKKER, WEPRIN, THIELE --
   Multi-Sponsored by -- M.  of  A.  CRESPO,  HIKIND  --  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:
   § 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  TWENTY,  AND EVERY SECOND HAND MOTOR VEHICLE SOLD IN THIS
 STATE ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE  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 TWENTY-ONE 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08206-01-7