S T A T E O F N E W Y O R K
________________________________________________________________________
2741
2019-2020 Regular Sessions
I N A S S E M B L Y
January 25, 2019
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Introduced by M. of A. ORTIZ, DenDEKKER, WEPRIN, THIELE -- Multi-Spon-
sored by -- M. of A. CRESPO -- 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-TWO, AND EVERY SECOND HAND MOTOR VEHICLE SOLD IN
THIS STATE ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE
WHICH IS CAPABLE OF HAVING AN IGNITION INTERLOCK DEVICE INSTALLED, SHALL
BE EQUIPPED WITH A FUNCTIONAL IGNITION INTERLOCK DEVICE OF A TYPE AND
SPECIFICATION AS CERTIFIED BY THE COMMISSIONER OF HEALTH PURSUANT TO
SUBDIVISION 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-THREE 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.