S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4132
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by  M. of A. PRETLOW, GALEF -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the civil practice law and rules,  in  relation  to  the
   seizure  of  vehicles after driving while intoxicated convictions; and
   to amend the vehicle and traffic law, in relation to the revocation of
   licenses for driving while intoxicated  offenses  and  the  denial  of
   vehicle registration after three driving while intoxicated offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1310 of the civil practice law and rules is amended
 by adding a new subdivision 15 to read as follows:
   15. "INTOXICATION OFFENSE" MEANS  A  CONVICTION  FOR  A  VIOLATION  OF
 SUBDIVISION  TWO, TWO-A OR THREE OF SECTION ELEVEN HUNDRED NINETY-TWO OF
 THE VEHICLE AND TRAFFIC LAW.
   § 2. Subdivision 1 of section 1311 of the civil practice law and rules
 is amended by adding a new paragraph (c) to read as follows:
   (C) ACTIONS RELATING TO INTOXICATION OFFENSES. AN ACTION  RELATING  TO
 AN INTOXICATION OFFENSE MUST BE GROUNDED UPON A CONVICTION OF AN INTOXI-
 CATED  OFFENSE,  AS  PROVIDED  FOR BY THIS PARAGRAPH. IF A DEFENDANT HAS
 BEEN CONVICTED OF HIS OR HER SECOND INTOXICATION OFFENSE,  ANY  AND  ALL
 VEHICLES REGISTERED TO HIM OR HER SHALL BE FORFEITED FOR A PERIOD OF SIX
 MONTHS.  IF  SUCH  VEHICLE  IS  ALSO USED BY A MEMBER OF THE DEFENDANT'S
 HOUSEHOLD, THE HOUSEHOLD MEMBER SHALL POST A BOND OF NOT LESS  THAN  ONE
 THOUSAND  DOLLARS  TO  BE SURRENDERED IN THE EVENT THAT THE DEFENDANT IS
 FOUND TO BE DRIVING SUCH VEHICLE. IF A DEFENDANT HAS BEEN  CONVICTED  OF
 HIS  OR  HER THIRD INTOXICATION OFFENSE, ANY AND ALL VEHICLES REGISTERED
 TO HIM OR HER SHALL BE FORFEITED AND NOTWITHSTANDING THE  PROVISIONS  OF
 SECTION  THIRTEEN  HUNDRED  FORTY-NINE  OF THIS ARTICLE, SUCH VEHICLE OR
 VEHICLES SHALL BE SOLD WITH THE PROCEEDS OF SUCH SALE GOING TO THE COUN-
 TY OF JURISDICTION'S DRIVING WHILE INTOXICATED PROGRAM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04540-01-9
              

 A. 4132                             2
 
   § 3. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and
 traffic law, as amended by chapter 312 of the laws of 1994 and  subpara-
 graph  3  as  amended  by chapter 732 of the laws of 2006, is amended to
 read as follows:
   (c)  Reissuance  of  licenses; restrictions.   (1) Except as otherwise
 provided in this paragraph, where a license is revoked pursuant to para-
 graph (b) of this subdivision, no new license shall be issued after  the
 expiration  of the minimum period specified in such paragraph, except in
 the discretion of the commissioner.
   (2) Where a license is revoked pursuant to subparagraph two, three  or
 eight  of  paragraph (b) of this subdivision for a violation of subdivi-
 sion four of section eleven hundred  ninety-two  of  this  article,  and
 where  the  individual  does not have a driver's license or the individ-
 ual's license was suspended at the time of conviction or youthful offen-
 der or other juvenile adjudication, the commissioner shall not  issue  a
 new  license  nor  restore the former license for a period of six months
 after such individual would otherwise have become eligible to  obtain  a
 new  license  or to have the former license restored; provided, however,
 that during such delay period the commissioner may  issue  a  restricted
 use license pursuant to section five hundred thirty of this chapter.
   (3)  In no event shall a new license be issued where a person has been
 twice convicted of a violation of subdivision TWO, TWO-A, three, four or
 four-a of section eleven hundred ninety-two of this article or of  driv-
 ing while intoxicated or of driving while ability is impaired by the use
 of a drug or of driving while ability is impaired by the combined influ-
 ence of drugs or of alcohol and any drug or drugs where physical injury,
 as  defined  in  section  10.00 of the penal law, has resulted from such
 offense in each instance.
   § 4. Section 401 of the vehicle and traffic law is amended by adding a
 new subdivision 22 to read as follows:
   22. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY  OTHER  LAW,
 NO  VEHICLE  MAY  BE  REGISTERED BY AN INDIVIDUAL WHO HAS BEEN CONVICTED
 THREE TIMES OF A VIOLATION OF SUBDIVISIONS TWO, TWO-A,  THREE,  FOUR  OR
 FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER.
   §  5.  This act shall take effect immediately; provided, however, that
 sections one, two and four of this act shall take effect on the first of
 November next succeeding the date on which it shall have  become  a  law
 and shall apply to offenses committed on or after such date.