BILL NUMBER: S1205

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the circum-
vention of an ignition interlock device

 
PURPOSE:

To allow judges greater ability to enforce the use of ignition interlock
devices ordered as part of probation and conditional discharge in all
DWI cases.

 
EXISTING LAW:

Vehicle and Traffic Law Section 1198(9)(e) states that any person
convicted of circumvention of an ignition interlock device as defined
under the subsection shall be guilty of a Class A misdemeanor.

 
              

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 9 of section 1198 of the vehicle and traf-
fic law to provide judges with the discretion to charge an individual
for failure to use an ignition interlock device based on an underlying
charge of DWI.

Section 2 provides the effective date.

 
JUSTIFICATION:

This legislation arises from a New York Appellate Division case in 2017,
People v. Coon. In the case, the defendant who had already served one
year in prison for driving while intoxicated (DWI), and had been
released on conditional discharge, admittedly operated a vehicle without
the required ignition interlock device he was ordered to use to prevent
him from driving a vehicle under the influence of alcohol. The court
ordered the defendant to serve a subsequent prison term for the defend-
ant's violation of his conditional discharge. Upon review, the Appellate
Division determined that the judge ordering additional prison time for
violating conditional discharge did not have the statutory authority to
do so. This bill seeks to close the loophole identified in People v.
Coon, which has made the state's ignition interlock requirement for
certain DWI convictions unenforceable.

Over the past 40 years, deaths resulting from DWI have fallen dras-
tically - from roughly 40,000 deaths per year to approximately 10,000
deaths each year nationally - through safety improvements, stronger laws
and enforcement. In 2014, New York State alone still saw 379 DWI related
fatalities. Although the number of DWI related deaths has decreased
significantly, there is more work to be done.

New York State's ignition interlock law ensures that those convicted for
DWI are not allowed to operate vehicles while under the influence of
alcohol. When judges are unable to enforce the provision, the imposition
of an ignition interlock is ineffective. This bill ensures that judges
have the ability to enforce the use of ignition interlock devices, and
further decrease the number of DWI related fatalities in the state.

 
LEGISLATIVE HISTORY:

2018: S.8728.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law; provided, that the amendments to section 1198 of the vehi-
cle and traffic law made by section one of this act shall not affect the
repeal of such section and shall be deemed repealed therewith.