S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5671--A
     Cal. No. 1080
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2019
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading

 AN ACT to amend the vehicle and  traffic  law  and  the  penal  law,  in
   relation to the ignition interlock program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 1 of section 1193 of the vehi-
 cle and traffic law, as amended by chapter 169 of the laws of 2013,  and
 subparagraph  (ii-a)  as  added  by  chapter 191 of the laws of 2014, is
 amended to read as follows:
   (c) Felony offenses. (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 subdivision 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 paragraph (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 dollars nor more than five thousand dollars or by a  period  of
 imprisonment  as  provided  in  the  penal law, or by both such fine and
 imprisonment.
   (ii) A person who operates a vehicle in violation of subdivision  two,
 two-a,  three,  four  or  four-a of section eleven hundred ninety-two of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11389-02-9

 S. 5671--A                          2
 
 this article after having been convicted of a violation  of  subdivision
 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, twice within the preceding ten years, shall  be  guilty  of  a
 class  D  felony,  and  shall be punished by a fine of not less than two
 thousand dollars nor more than ten thousand dollars or by  a  period  of
 imprisonment  as  provided  in  the  penal law, or by both such fine and
 imprisonment.
   (ii-a) A person who operates a vehicle  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, three or more times within the preceding fifteen years,  shall
 be  guilty  of  a class D felony, and shall be punished by a fine of not
 less than two thousand dollars nor more than ten thousand dollars or  by
 a  period  of imprisonment as provided in the penal law, or by both such
 fine and imprisonment.
   [(iii) In addition to the imposition of any fine or period  of  impri-
 sonment  set forth in this paragraph, the court shall also sentence such
 person convicted of, or adjudicated a youthful offender for, a violation
 of subdivision two, two-a or three of section eleven hundred  ninety-two
 of  this article to a period of probation or conditional discharge, as a
 condition of which it shall order such person to install  and  maintain,
 in accordance with the provisions of section eleven hundred ninety-eight
 of this article, an ignition interlock device in any motor vehicle owned
 or  operated  by such person during the term of such probation or condi-
 tional discharge imposed for such violation of  section  eleven  hundred
 ninety-two  of  this  article  and in no event for a period of less than
 twelve  months;  provided,  however,  that  such  period  of   interlock
 restriction  shall  terminate  upon submission of proof that such person
 installed and maintained an ignition interlock device for at  least  six
 months,  unless  the court ordered such person to install and maintain a
 ignition interlock device for a longer  period  as  authorized  by  this
 subparagraph  and  specified  in  such  order.  The  period of interlock
 restriction shall commence from the earlier of the date  of  sentencing,
 or  the  date that an ignition interlock device was installed in advance
 of sentencing. Provided, however, the court may not authorize the opera-
 tion of a motor vehicle by any person  whose  license  or  privilege  to
 operate  a  motor vehicle has been revoked pursuant to the provisions of
 this section.]
   § 2. Paragraph (g) of subdivision 1 of section 1193 of the vehicle and
 traffic law, as amended by section 57 of part A of  chapter  56  of  the
 laws of 2010, is amended to read as follows:
   (g)  CONDITION OF PROBATION AND CONDITIONAL DISCHARGE; IGNITION INTER-
 LOCK DEVICE REQUIREMENTS; ALTERNATIVE SENTENCE. (1) FOR THE PURPOSES  OF
 THIS  SUBDIVISION,  "IGNITION  INTERLOCK  MONITOR"  SHALL  MEAN A PERSON
 DESIGNATED BY THE COUNTY WHERE A CONVICTION FOR A VIOLATION  OF  SECTION

 S. 5671--A                          3
 
 ELEVEN  HUNDRED NINETY-TWO OF THIS ARTICLE SHALL HAVE OCCURRED WHO MONI-
 TORS COMPLIANCE WITH THE PROVISIONS OF SECTION  ELEVEN  HUNDRED  NINETY-
 EIGHT OF THIS ARTICLE AND THE CONCURRENT REGULATIONS RELATED THERETO, BY
 PARTICIPANTS IN THE IGNITION INTERLOCK PROGRAM.
   (2)  IN  ADDITION TO THE IMPOSITION OF ANY FINE OR PERIOD OF IMPRISON-
 MENT AS SET FORTH IN  THIS  SUBDIVISION  AND  TO  ANY  LICENSE  SANCTION
 IMPOSED  PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION, THE COURT SHALL
 SENTENCE SUCH PERSON CONVICTED OF, OR ADJUDICATED  A  YOUTHFUL  OFFENDER
 FOR,  A  VIOLATION OF SUBDIVISION TWO, TWO-A, THREE OR FOUR-A OF SECTION
 ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE TO A PERIOD  OF  PROBATION  OR
 CONDITIONAL DISCHARGE, THE CONDITIONS OF WHICH SHALL INCLUDE THE FOLLOW-
 ING:
   (I) AN EXPRESS PROHIBITION ON THE OPERATION OF ANY MOTOR VEHICLE WITH-
 OUT  A  FUNCTIONING  IGNITION  INTERLOCK  DEVICE  FOR A PERIOD OF TWELVE
 MONTHS OR LONGER, AS SET FORTH IN THIS PARAGRAPH OR IN PARAGRAPH (C)  OF
 SUBDIVISION ONE-A OF THIS SECTION; AND
   (II)  SUCH  PERSON  SHALL  INSTALL AND MAINTAIN IN ACCORDANCE WITH THE
 PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF  THIS  ARTICLE,  AN
 IGNITION  INTERLOCK DEVICE IN THE MOTOR VEHICLE MOST FREQUENTLY OPERATED
 BY SUCH PERSON FOR A PERIOD OF TWELVE MONTHS OR LONGER AS SET  FORTH  IN
 SUBPARAGRAPH  THREE  OF THIS PARAGRAPH, INCLUDING THE ONE HUNDRED EIGHTY
 DAYS AFTER A LICENSE HAS BEEN RESTORED. A DECLARATION FROM THE  IGNITION
 INTERLOCK  MONITOR  ON  A  FORM PROVIDED BY THE COMMISSIONER, CERTIFYING
 THAT SUCH PERSON HAS OPERATED SUCH MOTOR VEHICLE FREE OF ANY  VIOLATIONS
 AS  SET  FORTH  IN PARAGRAPH (I) OF THIS SUBDIVISION FOR A PERIOD OF ONE
 HUNDRED TWENTY CONSECUTIVE DAYS AFTER THE RESTORATION OF THE  OPERATOR'S
 LICENSE,  SHALL  BE DEEMED TO HAVE SATISFIED THE CONDITIONS OF PROBATION
 OR CONDITIONAL DISCHARGE RELATING TO THE IGNITION INTERLOCK REQUIREMENTS
 SET FORTH IN THIS PARAGRAPH. THE PERIOD OF INTERLOCK  RESTRICTION  SHALL
 COMMENCE ON THE DATE THAT SUCH IGNITION INTERLOCK DEVICE SHALL HAVE BEEN
 INSTALLED.
   (3)  NOTWITHSTANDING  THE PROVISIONS OF SUBPARAGRAPH TWO OF THIS PARA-
 GRAPH AND SUBDIVISION TWO OF THIS SECTION RELATING TO LICENSE SANCTIONS,
 A COURT MAY IMPOSE AN ALTERNATIVE SENTENCE UPON  SUCH  PERSON  CONVICTED
 OF,  OR  ADJUDICATED A YOUTHFUL OFFENDER FOR, A VIOLATION OF SUBDIVISION
 TWO, TWO-A, THREE OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
 ARTICLE, A PERIOD OF PROBATION OR CONDITIONAL DISCHARGE, THE  CONDITIONS
 OF WHICH SHALL INCLUDE THE FOLLOWING:
   (I)  A  PROHIBITION  FROM  OPERATING ANY VEHICLE WITHOUT A FUNCTIONING
 IGNITION INTERLOCK DEVICE FOR A PERIOD OF TWELVE MONTHS OR LONGER AS SET
 FORTH IN SUBPARAGRAPH FOUR OF THIS PARAGRAPH; AND
   (II) AN ORDER THAT SUCH PERSON INSTALL  AND  MAINTAIN,  IN  ACCORDANCE
 WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTI-
 CLE,  AN  IGNITION  INTERLOCK DEVICE IN THE MOTOR VEHICLE MOST REGULARLY
 OPERATED BY SUCH PERSON FOR A PERIOD OF TWELVE MONTHS.    A  DECLARATION
 FROM  THE  IGNITION  INTERLOCK MONITOR ON A FORM PROVIDED BY THE COMMIS-
 SIONER, CERTIFYING THAT SUCH PERSON HAS OPERATED THE MOTOR VEHICLE  FREE
 OF  ANY VIOLATIONS AS SET FORTH IN PARAGRAPH (I) OF THIS SUBDIVISION FOR
 A PERIOD OF THREE HUNDRED CONSECUTIVE  DAYS  SHALL  BE  DEEMED  TO  HAVE
 SATISFIED  THE CONDITIONS OF PROBATION OR CONDITIONAL DISCHARGE RELATING
 TO THE IGNITION INTERLOCK REQUIREMENTS AS SET FORTH IN  THIS  PARAGRAPH.
 THE PERIOD OF INTERLOCK RESTRICTION SHALL COMMENCE ON THE DATE THAT SUCH
 IGNITION  INTERLOCK  DEVICE  SHALL  HAVE BEEN INSTALLED. THE ALTERNATIVE
 SENTENCE SET FORTH HEREIN SHALL NOT BE IMPOSED ON ANY  OFFENDER  SUBJECT
 TO  THE  ADDITIONAL  PENALTIES  SET  FORTH  IN SUBDIVISION ONE-A OF THIS
 SECTION OR WHO SHALL HAVE ALSO BEEN CONVICTED  OF  A  VIOLATION  OF  ANY

 S. 5671--A                          4
 
 PROVISION  OF  ARTICLE  ONE HUNDRED TWENTY OR ONE HUNDRED TWENTY FIVE OF
 THE PENAL LAW INVOLVING THE OPERATION OF A VEHICLE.
   (4)  WHEN  A SENTENCE IS IMPOSED PURSUANT TO SUBPARAGRAPH TWO OR THREE
 OF THIS PARAGRAPH, IN  NO  EVENT  SHALL  THE  COMMISSIONER  RESTORE  THE
 LICENSE OF ANY SUCH PERSON UNTIL THE COMMISSIONER RECEIVES CERTIFICATION
 BY  THE  IGNITION INTERLOCK MONITOR THAT SUCH PERSON SHALL HAVE OPERATED
 THE MOTOR VEHICLE FREE OF ANY VIOLATIONS SET FORTH IN PARAGRAPH  (I)  OF
 THIS  SUBDIVISION FOR A PERIOD OF ONE HUNDRED TWENTY DAYS FOR A SENTENCE
 IMPOSED PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH AND FOR A  PERIOD
 OF  THREE  HUNDRED  CONSECUTIVE  DAYS FOR A SENTENCE IMPOSED PURSUANT TO
 SUBPARAGRAPH THREE  OF  THIS  PARAGRAPH.  A  VIOLATION  OF  ANY  OF  THE
 PROVISIONS  OF PARAGRAPH (I) OF THIS SUBDIVISION SHALL CAUSE THE RESPEC-
 TIVE PERIOD OF OPERATION TO RESET FROM THE DATE OF ANY SUCH VIOLATION.
   (H) DRIVING WHILE ABILITY  IMPAIRED  BY  ALCOHOL;  IGNITION  INTERLOCK
 DEVICE  REQUIREMENT.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
 CONTRARY, WHEN A PERSON SHALL BE CHARGED WITH A VIOLATION OF SUBDIVISION
 TWO, TWO-A, THREE, OR FOUR-A OF SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF
 THIS  ARTICLE  AND A PLEA OF GUILTY SHALL HAVE BEEN ENTERED IN SATISFAC-
 TION OF SUCH CHARGE TO A VIOLATION OF SUBDIVISION ONE OF SECTION  ELEVEN
 HUNDRED  NINETY-TWO  OF  THIS ARTICLE, THE CONDITIONS OF SUCH PLEA SHALL
 INCLUDE AN EXPRESS PROHIBITION ON THE OPERATION  OF  ANY  MOTOR  VEHICLE
 WITHOUT  A  FUNCTIONING  IGNITION  INTERLOCK  DEVICE FOR A PERIOD OF SIX
 MONTHS, AND SUCH PERSON SHALL INSTALL AND MAINTAIN AN IGNITION INTERLOCK
 DEVICE FOR A PERIOD OF NOT LESS THAN SIX MONTHS  ON  THE  MOTOR  VEHICLE
 OPERATED MOST FREQUENTLY BY SUCH PERSON. A DECLARATION FROM THE IGNITION
 INTERLOCK  MONITOR  ON  A  FORM PROVIDED BY THE COMMISSIONER, CERTIFYING
 THAT SUCH PERSON HAS OPERATED THE MOTOR VEHICLE FREE OF  ANY  VIOLATIONS
 AS SET FORTH IN PARAGRAPH (I) OF THIS SUBDIVISION FOR A PERIOD OF NINETY
 CONSECUTIVE DAYS AFTER THE DATE OF INSTALLATION, SHALL BE DEEMED TO HAVE
 SATISFIED THE CONDITIONS OF SUCH PLEA RELATING TO THE IGNITION INTERLOCK
 REQUIREMENTS  SET  FORTH  IN  THIS  PARAGRAPH.  THE  PERIOD OF INTERLOCK
 RESTRICTION SHALL BE DEEMED TO COMMENCE  FROM  THE  DATE  SUCH  IGNITION
 INTERLOCK  DEVICE  SHALL HAVE BEEN INSTALLED. IF SUCH PERSON IS FOUND TO
 HAVE VIOLATED THE TERMS OF THE USE OF SUCH IGNITION INTERLOCK DEVICE  AS
 SET  FORTH  IN PARAGRAPH (I) OF THIS SUBDIVISION, SUCH NINETY DAY PERIOD
 SHALL RESET FROM THE DATE OF ANY SUCH VIOLATION.
   (I) VIOLATIONS OF IGNITION INTERLOCK  REQUIREMENTS.  FOR  PURPOSES  OF
 PARAGRAPHS  (G)  AND  (H)  OF  THIS  SUBDIVISION, THE FOLLOWING SHALL BE
 DEEMED A VIOLATION OF THE IGNITION INTERLOCK DEVICE REQUIREMENTS:
   (1) ANY VIOLATION OF THE PROVISIONS OF  SUBDIVISION  NINE  OF  SECTION
 ELEVEN HUNDRED NINETY-EIGHT OF THIS CHAPTER; OR
   (2)  A CERTIFIED VIOLATION ON A FORM PROVIDED BY THE COMMISSIONER THAT
 SUCH PERSON HAS:
   (I) ATTEMPTED TO START HIS OR HER VEHICLE WITH A BLOOD ALCOHOL CONCEN-
 TRATION LEVEL OF .04 OR MORE, UNLESS A SUBSEQUENT TEST PERFORMED  WITHIN
 TEN  MINUTES  THEREAFTER  REGISTERS  A BLOOD ALCOHOL CONCENTRATION LEVEL
 LOWER THAN .04 AND THE DIGITAL IMAGE PROVIDED  CONFIRMS  THAT  THE  SAME
 PERSON PROVIDED BOTH SAMPLES;
   (II)  FAILED  TO  TAKE ANY RANDOM TEST, UNLESS A REVIEW OF THE DIGITAL
 IMAGE CONFIRMS THAT SUCH VEHICLE WAS NOT OCCUPIED BY THE DRIVER  AT  THE
 TIME OF THE MISSED TEST;
   (III)  FAILED  TO PASS ANY RANDOM RE-TEST WITH A BLOOD ALCOHOL CONCEN-
 TRATION LEVEL OF .025 OR LOWER, UNLESS A SUBSEQUENT TEST PERFORMED WITH-
 IN TEN MINUTES REGISTERS A BLOOD ALCOHOL CONCENTRATION LEVEL LOWER  THAN
 .025,  AND THE DIGITAL IMAGE CONFIRMS THAT THE SAME PERSON PROVIDED BOTH
 SAMPLES; OR

 S. 5671--A                          5
 
   (IV) FAILED TO APPEAR AT THE IGNITION  INTERLOCK  DEVICE  VENDOR  WHEN
 REQUIRED  FOR  MAINTENANCE, REPAIR, CALIBRATION, MONITORING, INSPECTION,
 OR REPLACEMENT OF SUCH DEVICE.  A  CERTIFICATE  OF  VIOLATION  SHALL  BE
 ACCOMPANIED BY A CONTEMPORANEOUS DIGITAL IMAGE VERIFYING THE IDENTITY OF
 THE VIOLATOR.
   (J)  IGNITION  INTERLOCK  DEVICE  REQUIREMENTS; TERMS OF IMPRISONMENT.
 WHEN A SENTENCE IMPOSED PURSUANT TO THIS SUBDIVISION INCLUDES A TERM  OF
 IMPRISONMENT,  THE  SATISFACTION  OF SUCH TERM OF IMPRISONMENT SHALL NOT
 REDUCE OR OTHERWISE LIMIT THE REQUIREMENTS SET FORTH IN PARAGRAPH (G) OF
 THIS SUBDIVISION.
   (K) DEMONSTRATION OF REGULAR AND CONSISTENT USE. DURING THE PERIOD  OF
 AUTHORIZED  USE  OF  A  MOTOR  VEHICLE WITH AN IGNITION INTERLOCK DEVICE
 PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION, THE PERSON SO AUTHORIZED
 SHALL DEMONSTRATE REGULAR AND CONSISTENT USE OF THE  IGNITION  INTERLOCK
 DEVICE.
   (L) The office of probation and correctional alternatives shall recom-
 mend  to  the  commissioner of the division of criminal justice services
 regulations governing the monitoring of compliance by persons ordered to
 install and maintain ignition interlock devices to provide standards for
 monitoring by departments of probation, and options  for  monitoring  of
 compliance by such persons, that counties may adopt as an alternative to
 monitoring by a department of probation.
   §  3.  Paragraph (c) of subdivision 1-a of section 1193 of the vehicle
 and traffic law, as amended by chapter 669  of  the  laws  of  2007,  is
 amended to read as follows:
   (c)  A  court  sentencing a person pursuant to paragraph (a) or (b) of
 this subdivision shall: (i) order, AS A CONDITION OF SUCH SENTENCE,  the
 installation  of  an  ignition  interlock  device  approved  pursuant to
 section eleven hundred ninety-eight of this article in [any]  THE  motor
 vehicle  [owned or] MOST FREQUENTLY operated by the person so sentenced.
 Such devices shall remain installed during any period of license revoca-
 tion required to be imposed pursuant to paragraph (b) of subdivision two
 of this section, and, upon the termination of  such  revocation  period,
 for  an  additional  period  as determined by the court, BUT IN NO EVENT
 LESS THAN TWELVE MONTHS; and (ii) order  that  such  person  receive  an
 assessment of the degree of their alcohol or substance abuse and depend-
 ency pursuant to the provisions of section eleven hundred ninety-eight-a
 of  this  article.   Where such assessment indicates the need for treat-
 ment, such court is authorized to impose treatment  as  a  condition  of
 such  sentence except that such court shall impose treatment as a condi-
 tion of a sentence of probation or conditional discharge pursuant to the
 provisions of subdivision three of section eleven hundred ninety-eight-a
 of this article. Any person ordered to  install  an  ignition  interlock
 device  pursuant  to this paragraph shall be subject to PARAGRAPH (J) OF
 SUBDIVISION ONE OF THIS SECTION AND the provisions of subdivisions four,
 five, seven, eight and nine of section eleven  hundred  ninety-eight  of
 this article.
   §  4. Subdivisions 1, 2, 3, 4 and 5 of section 1198 of the vehicle and
 traffic law, subdivisions 1, 2, 3, 4 and paragraph (a) of subdivision  5
 as amended by chapter 496 of the laws of 2009, paragraph (a) of subdivi-
 sion  4 as amended by chapter 169 of the laws of 2013, and subdivision 5
 as amended by chapter 669 of the laws of 2007, are amended  to  read  as
 follows:
   1.  Applicability. The provisions of this section shall apply through-
 out the state to each person required or otherwise ordered by a court as
 a condition of SENTENCE, PLEA, probation or conditional discharge, WHICH

 S. 5671--A                          6
 
 SHALL PROHIBIT THE OPERATION OF A MOTOR VEHICLE  WITHOUT  A  FUNCTIONING
 IGNITION INTERLOCK DEVICE AND REQUIRES SUCH PERSON to install and [oper-
 ate]  MAINTAIN  an ignition interlock device in [any] THE vehicle [which
 he or she owns or operates] MOST FREQUENTLY OPERATED BY SUCH PERSON.
   2.  Requirements. (a) In addition to any other penalties prescribed by
 law, the court shall require that any person who has been convicted [of]
 OR ADJUDICATED A YOUTHFUL OFFENDER FOR a violation of  subdivision  two,
 two-a [or], three OR FOUR-A of section eleven hundred ninety-two of this
 article,  or any crime defined by this chapter or the penal law of which
 an alcohol-related violation of any provision of section eleven  hundred
 ninety-two of this article is an essential element, [to] SHALL NOT OPER-
 ATE  A  MOTOR  VEHICLE  WITHOUT  AN  IGNITION INTERLOCK DEVICE AND SHALL
 install and maintain, as a condition of  PLEA,  SENTENCE,  probation  or
 conditional  discharge,  a  functioning  ignition  interlock  device  in
 accordance with the provisions of this section and,  as  applicable,  in
 accordance  with the provisions of subdivisions one and one-a of section
 eleven hundred ninety-three of  this  article;  provided,  however,  the
 court  may  not authorize the operation of a motor vehicle by any person
 whose license or privilege to operate a motor vehicle has  been  revoked
 except as provided herein. For any such individual subject to a sentence
 of  probation,  installation  and maintenance of such ignition interlock
 device shall be a condition of probation.
   (b) Nothing contained in this section shall  prohibit  a  court,  upon
 application  by a probation department, from modifying the conditions of
 probation of any person convicted of any violation set  forth  in  para-
 graph  (a)  of  this  subdivision  prior  to  the effective date of this
 section, to require the installation and maintenance  of  a  functioning
 ignition  interlock  device, and such person shall thereafter be subject
 to the provisions of this section.
   [(c) Nothing contained in this section  shall  authorize  a  court  to
 sentence  any  person  to a period of probation or conditional discharge
 for the purpose of subjecting such person  to  the  provisions  of  this
 section,  unless such person would have otherwise been so eligible for a
 sentence of probation or conditional discharge.]
   3. Conditions. (a) [Notwithstanding any other provision of law] EXCEPT
 AS PROVIDED FOR SENTENCES IMPOSED PURSUANT TO PARAGRAPH (G) OF  SUBDIVI-
 SION  ONE  OF  SECTION  ELEVEN HUNDRED NINETY-THREE OF THIS CHAPTER, the
 commissioner may grant a post-revocation  conditional  license,  as  set
 forth  in  paragraph  (b)  of this subdivision, to a person who has been
 convicted of a violation of subdivision two, two-a [or], three OR FOUR-A
 of section eleven hundred ninety-two of this article and  who  has  been
 sentenced  to  a  period of probation or conditional discharge, provided
 the person has satisfied the minimum period of license revocation estab-
 lished by law and the commissioner has been notified  that  such  person
 may  operate  only  a motor vehicle equipped with a functioning ignition
 interlock device.   No such request shall  be  made  nor  shall  such  a
 license be granted, however, if such person has been found by a court to
 have  committed a violation of section five hundred eleven of this chap-
 ter during the license revocation period or deemed by a  court  to  have
 violated  any  condition of probation or conditional discharge set forth
 by the court relating to  the  operation  of  a  motor  vehicle  or  the
 consumption  of  alcohol. In exercising discretion relating to the issu-
 ance of a post-revocation conditional license pursuant to this  subdivi-
 sion,  the  commissioner  shall not deny such issuance based solely upon
 the number of convictions for violations of any subdivision  of  section
 eleven hundred ninety-two of this article committed by such person with-

 S. 5671--A                          7
 
 in  the ten years prior to application for such license. Upon the termi-
 nation of the period of probation or conditional discharge  set  by  the
 court,  the  person  may  apply to the commissioner for restoration of a
 license  or privilege to operate a motor vehicle in accordance with this
 chapter.
   (b) Notwithstanding any inconsistent  provision  of  this  chapter,  a
 post-revocation conditional license granted pursuant to paragraph (a) of
 this  subdivision shall be valid only for use by the holder thereof, (1)
 [enroute] EN ROUTE to and from the holder's place of employment, (2)  if
 the  holder's  employment requires the operation of a motor vehicle then
 during the hours thereof, (3) [enroute] EN ROUTE to and from a class  or
 course  at  an  accredited  school,  college or university or at a state
 approved institution of vocational or technical  training,  (4)  to  and
 from court ordered probation activities, (5) to and from a motor vehicle
 office for the transaction of business relating to such license, (6) for
 a  three hour consecutive daytime period, chosen by the department, on a
 day during which the participant is not engaged in usual  employment  or
 vocation,  (7)  [enroute]  EN ROUTE to and from a medical examination or
 treatment as part of a necessary medical treatment for such  participant
 or  member  of  the  participant's  household, as evidenced by a written
 statement to that effect  from  a  licensed  medical  practitioner,  (8)
 [enroute]  EN  ROUTE  to  and  from  a  class or an activity which is an
 authorized part of the alcohol and drug rehabilitation  program  and  at
 which  participant's  attendance is required, and (9) [enroute] EN ROUTE
 to and from a place, including a school, at which a child or children of
 the participant are cared for on a regular basis and which is  necessary
 for the participant to maintain such participant's employment or enroll-
 ment  at  an  accredited  school,  college  or  university or at a state
 approved institution of vocational or technical training.
   (c) The post-revocation conditional license described in this subdivi-
 sion may be revoked by the commissioner for sufficient  cause  including
 but not limited to, failure to comply with the terms of the condition of
 probation or conditional discharge set forth by the court, conviction of
 any traffic offense other than one involving parking, stopping or stand-
 ing [or], conviction of any alcohol or drug related offense, misdemeanor
 or  felony, ANY VIOLATION OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER
 OR SECTION ELEVEN HUNDRED NINETY-TWO OF THIS  ARTICLE  WITH  RESPECT  TO
 OPERATING  A  MOTOR  VEHICLE  WITHOUT  AN IGNITION INTERLOCK DEVICE WHEN
 REQUIRED TO DO SO, or failure to install or  maintain  a  court  ordered
 ignition interlock device.
   (d)  Nothing contained herein shall prohibit the court from requiring,
 as a condition of probation or conditional discharge,  the  installation
 of a functioning ignition interlock device in any vehicle owned or oper-
 ated  by  a  person sentenced for a violation of subdivision two, two-a,
 [or] three OR FOUR-A of section eleven hundred ninety-two of this [chap-
 ter] ARTICLE, or any crime defined by this chapter or the penal  law  of
 which  an  alcohol-related  violation of any provision of section eleven
 hundred ninety-two of this [chapter] ARTICLE is an essential element, if
 the court in its discretion, determines that such a condition is  neces-
 sary  to  ensure  the public safety. Imposition of an ignition interlock
 condition shall in no way limit the effect  of  any  period  of  license
 suspension or revocation set forth by the commissioner or the court.
   (e) Nothing contained herein shall prevent the court from applying any
 other  conditions  of probation or conditional discharge allowed by law,
 including treatment for alcohol or drug abuse, restitution and community
 service.

 S. 5671--A                          8
 
   (f) The commissioner shall note on the operator's record of any person
 restricted pursuant to this section  that,  in  addition  to  any  other
 restrictions,  conditions or limitations, such person may operate only a
 motor vehicle equipped with an ignition interlock device.
   4.  Proof  of  compliance  and recording of condition.   (a) Following
 imposition by the court of the use of an ignition interlock device as  a
 condition PLEA, SENTENCE, of probation or conditional discharge it shall
 require  the  person to provide proof of compliance with this section to
 the court and the probation  department  or  other  monitor  where  such
 person is under probation or conditional discharge supervision.  A CLAIM
 BY  SUCH  PERSON  THAT  HE  OR  SHE HAS GOOD CAUSE FOR NOT INSTALLING AN
 IGNITION INTERLOCK DEVICE SHALL BE  MADE  TO  THE  COURT  AT  OR  BEFORE
 SENTENCING,  IN  WRITING IN THE FORM OF A SWORN AFFIDAVIT SIGNED BY SUCH
 PERSON ASSERTING UNDER OATH THAT HE OR SHE  IS  NOT  THE  REGISTERED  OR
 TITLED OWNER OF ANY MOTOR VEHICLE AND WILL NOT OPERATE ANY MOTOR VEHICLE
 DURING  THE  PERIOD  OF  RESTRICTION,  OR THAT SUCH PERSON DOES NOT HAVE
 ACCESS TO THE VEHICLE OPERATED  BY  SUCH  PERSON  AT  THE  TIME  OF  THE
 VIOLATION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR THAT
 THE REGISTERED OWNER OF THAT VEHICLE OR ANY VEHICLE REGISTERED  TO  SUCH
 PERSON'S  HOUSEHOLD  WILL  NOT  GIVE  CONSENT FOR THE INSTALLATION OF AN
 INTERLOCK DEVICE ON HIS OR HER VEHICLE. THE AFFIDAVIT  SHALL  INCLUDE  A
 STATEMENT  REGARDING  WHETHER SUCH PERSON OWNED ANY MOTOR VEHICLE ON THE
 DATE OF THE UNDERLYING VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF
 THIS ARTICLE AND WHETHER OWNERSHIP OF ANY OF  THOSE  VEHICLES  HAS  BEEN
 TRANSFERRED  TO ANOTHER PARTY BY SALE, GIFT OR ANY OTHER MEANS SINCE THE
 DATE OF SAID VIOLATION. THE AFFIDAVIT SHALL  ALSO  INCLUDE  A  STATEMENT
 FROM  SUCH PERSON THAT HE OR SHE HAS NOT AND WILL NOT TRANSFER OWNERSHIP
 OF ANY VEHICLE TO EVADE INSTALLATION OF AN  IGNITION  INTERLOCK  DEVICE,
 THE  ADDRESS  OF  SUCH  PERSON'S EMPLOYMENT, IF APPLICABLE, AND HOW SUCH
 PERSON  INTENDS  TO  TRAVEL  TO  THAT  LOCATION  DURING  THE  PERIOD  OF
 RESTRICTION.  THE  PERSON  ALSO  MAY INCLUDE ANY OTHER FACTS AND CIRCUM-
 STANCES HE OR SHE BELIEVES TO BE RELEVANT TO THE CLAIM  OF  GOOD  CAUSE.
 THE  COURT  SHALL MAKE A FINDING WHETHER GOOD CAUSE EXISTS ON THE RECORD
 AND, IF GOOD CAUSE SHALL BE FOUND, ISSUE SUCH FINDING IN WRITING  TO  BE
 FILED  BY  SUCH  PERSON  WITH  THE  PROBATION DEPARTMENT OR THE IGNITION
 INTERLOCK MONITOR, AS APPROPRIATE. IN THE EVENT THE  COURT  DENIES  SUCH
 PERSON'S  CLAIM  OF  GOOD CAUSE ON THE BASIS OF THE AFFIDAVIT FILED WITH
 THE COURT, SUCH PERSONS SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD.  SUCH
 PERSON  SHALL ALSO BE PERMITTED TO WAIVE THE OPPORTUNITY TO BE HEARD, IF
 HE OR SHE CHOOSES TO DO SO. If  [the]  A  person  SHALL  BE  ORDERED  TO
 INSTALL AND MAINTAIN AN IGNITION INTERLOCK DEVICE, AND SUCH PERSON fails
 to provide for such proof of installation, absent a finding by the court
 of good cause for that failure which is entered in the record, the court
 may  revoke,  modify, or terminate the person's sentence of probation or
 conditional discharge as provided under law.  [Good cause may include  a
 finding  that  the  person  is  not the owner of a motor vehicle if such
 person asserts under oath that such person is not the owner of any motor
 vehicle and that he or she will not operate any motor vehicle during the
 period of interlock restriction except as may  be  otherwise  authorized
 pursuant  to  law.]  "Owner"  shall have the same meaning as provided in
 section one hundred twenty-eight of this chapter.
   (b) When a court imposes the condition specified in subdivision one of
 this section, the court shall notify the commissioner in such manner  as
 the  commissioner  may  prescribe,  and the commissioner shall note such
 condition on the operating record of the person subject to  such  condi-
 tions.

 S. 5671--A                          9
 
   5. Cost, installation and maintenance.  (a) The cost of installing and
 maintaining  the  ignition interlock device shall be borne by the person
 subject to such condition unless the court  determines  such  person  is
 financially  unable  to  afford  such  cost  whereupon  such cost may be
 imposed  pursuant  to  a  payment plan or waived.   In the event of such
 waiver, the cost of the device shall be borne in accordance  with  regu-
 lations  issued under paragraph (g) of subdivision one of section eleven
 hundred ninety-three of this article or pursuant to such other agreement
 as may be entered into for provision of the device. Such cost  shall  be
 considered a fine for the purposes of subdivision five of section 420.10
 of  the  criminal  procedure law. Such cost shall not replace, but shall
 instead be in addition to, any fines, surcharges, or other costs imposed
 pursuant to this chapter or other applicable laws.
   (b) The installation and service  provider  of  the  device  shall  be
 responsible  for  the installation, calibration, and maintenance of such
 device.
   (C) FAILURE TO INSTALL SUCH DEVICE, FAILURE TO APPEAR  FOR  A  SERVICE
 VISIT OR FAILURE TO COMPLY WITH SERVICE INSTRUCTIONS OR CIRCUMVENTION OF
 OR TAMPERING WITH THE DEVICE, IN VIOLATION OF REGULATIONS PROMULGATED BY
 THE  DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL CONSTITUTE A VIOLATION
 OF THE CONDITIONS OF  A  PERSON'S  SENTENCE,  PROBATION  OR  CONDITIONAL
 DISCHARGE.
   §  5.  Paragraph  (k-1) of subdivision 2 of section 65.10 of the penal
 law, as amended by chapter 669 of the laws of 2007, is amended  to  read
 as follows:
   (k-1) Install and maintain a functioning ignition interlock device, as
 that  term  is  defined in section one hundred nineteen-a of the vehicle
 and traffic law, in any vehicle owned or operated by the  defendant  [if
 the  court  in its discretion determines that such a condition is neces-
 sary to ensure the public safety. The court may require  such  condition
 only  where  a  person  has been convicted of a violation of subdivision
 two, two-a or three of section eleven hundred ninety-two of the  vehicle
 and  traffic law, or any crime defined by the vehicle and traffic law or
 this chapter of which an alcohol-related violation of any  provision  of
 section  eleven  hundred ninety-two of the vehicle and traffic law is an
 essential element]. The offender shall be required to install and  oper-
 ate the ignition interlock device only in accordance with THE PROVISIONS
 OF PARAGRAPHS (G), (H), (I) AND (J) OF SUBDIVISION ONE OF SECTION ELEVEN
 HUNDRED  NINETY-THREE  AND  section  eleven  hundred ninety-eight of the
 vehicle and traffic law.
   § 6. The division of  criminal  justice  services  is  authorized  and
 directed  to compile and publish annually a report on its website of the
 total number of repeat convictions with respect to violations of section
 1192 of the vehicle and traffic law for the five  years  succeeding  the
 effective  date  of this act, and shall also include the total number of
 repeat convictions for the five years preceding the  effective  date  in
 such  report. The division is authorized and directed to coordinate with
 any other agency, authority, department, division, bureau, or  political
 subdivision  to  compile  this information, including without limitation
 the governor's highway traffic safety committee.
   § 7. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become  a  law,  provided,  however,
 that  the amendments to section 1198 of the vehicle and traffic law made
 by section four of this act shall not affect the repeal of such  section
 and shall be deemed repealed therewith.