S T A T E O F N E W Y O R K
________________________________________________________________________
1597
2021-2022 Regular Sessions
I N A S S E M B L Y
January 11, 2021
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee 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.
LBD00275-01-1
A. 1597 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 24 to read as follows:
24. 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 SUBDIVISION 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.