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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jun 01, 2022 |
referred to transportation delivered to assembly passed senate ordered to third reading cal.1761 committee discharged and committed to rules |
| May 19, 2022 |
print number 6598b |
| May 19, 2022 |
amend and recommit to transportation |
| Apr 27, 2022 |
print number 6598a |
| Apr 27, 2022 |
amend and recommit to transportation |
| Jan 05, 2022 |
referred to transportation |
| May 10, 2021 |
referred to transportation |
Senate Bill S6598B
2021-2022 Legislative Session
Relates to the responsibilities of an ignition interlock monitor
download bill text pdfSponsored By
(D, WF) 56th Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 1, 2022
aye (63)- Addabbo Jr.
- Akshar
- Bailey
- Biaggi
- Borrello
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Cleare
- Comrie
- Cooney
- Felder
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- O'Mara
- Oberacker
- Ortt
- Palumbo
- Parker
- Persaud
- Ramos
- Rath III
- Reichlin-Melnick
- Ritchie
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serino
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
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Jun 1, 2022 - Rules Committee Vote
S6598B21Aye0Nay0Aye with Reservations0Absent0Excused0Abstained-
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Rules Committee Vote: Jun 1, 2022
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Bill Amendments
co-Sponsors
(D) Senate District
(D, WF) Senate District
2021-S6598 - Details
2021-S6598 - Sponsor Memo
BILL NUMBER: S6598
SPONSOR: COONEY
TITLE OF BILL:
An act to amend the vehicle and traffic law and the penal law, in
relation to the ignition interlock program
PURPOSE:
To establish incentives and standards for the increased utilization of
the ignition interlock device as a rehabilitative tool for impaired
drivers in a manner consistent with best practices.
SUMMARY OF PROVISIONS:
1. Deletes subsection (iii) of paragraph (c) of subdivision 1 of § 1193
of the Vehicle & Traffic Law (VTL), which is located incorrectly in the
felony penalty provision of that section.
2. Adds a new paragraph (g) to VTL § 1193(1) to:
* Require that any person convicted of misdemeanor-level DWI be prohib- ited from operating any vehicle without a functioning ignition interlock device (IID) for a period of at least 12 months, and install a function- ing interlock in the vehicle most regularly operated by such person for at least 12 months, including 300 days after a driver's license is restored. As an incentive for compliant use, such period may be satis- fied with 120 days of violation-free operation. * Provide that the sentencing court may impose an alternative sentence that would supersede the revocation period, provided the offender exclu- sively operated a vehicle with a functioning interlock for a period of 12-months; and provided further that such period would be satisfied by 300 consecutive days of violation-free use. *Provide that any violation of the terms of use would restart the period of usage necessary to satisfy the sentence. 3. Adds a new paragraph (h) to VTL § 1193(1) to provide that whenever a person charged with misdemeanor DWI enters into a plea reduction for a traffic infraction of driving while ability impaired, a condition of such plea must include use of an IID for a period of 6 months, and such term of use may be satisfied by 90 consecutive violation-free days. 4. Adds a new paragraph (i) to VTL § 1193(1) to set forth the specific actions and non-actions that would constitute a violation of the terms of IID usage. 5. Adds a new paragraph (j) to VTL § 1193(1) to state that when a sentence imposed pursuant to this subdivision (or for felony-level DWI) includes a period of imprisonment, satisfaction of the term of imprison- ment shall not reduce or otherwise limit the ignition interlock require- ments. 6. Adds a new paragraph (k) to VTL § 1193(1) to require regular and consistent use of the ignition interlock device during the authorized period of usage. 7. Amends paragraph (c) of subd. 1-a of VTL § 1193 relating to felony DWI to authorize the court to impose a post-revocation period of ignition interlock usage of not less than 12 months and such period will not be reduced or limited by the satisfaction of any period of imprison- ment. 8. Subdivisions 1, 2 and 3 of VTL § 1198 are amended to make changes necessary td conform with the amendments to § 1193(1). 9. Subdivision 4 of VTL § 1198 is amended to set forth the process by which an offender may demonstrate good cause for not installing an ignition interlock device pursuant to the provisions of this chapter. 10. Subdivision 5 of VTL § 1198 is amended to add a new paragraph (c) to clarify that failure to install an IID, appear for service or circumvent or tamper with the device will be deemed a violation of the person's condition of sentence, probation or conditional discharge. 11. Subdivision k-1 of § 65.10 of the Penal Law is amended to delete the existing language that would prohibit the use of the IID as a condition of sentence for a violation of VTL § 1192(1) (driving while ability impaired by alcohol) in order to enable the effectiveness of new para- graph (h) of VTL § 1193(1) relating to the use of the device as a condi- tion of a plea from a misdemeanor to a traffic infraction. 12. Subdivision 6 requiring the division of criminal justice services to compile and publish annually a report on its website of the total number of repeat convictions with respect to violations for 5 years and also for the 5 years preceding the effective date. JUSTIFICATION: New York's historic efforts to reduce the incidence of impaired driving has yielded significant results over the past four decades. Today the likelihood of being killed by a drunk driver has been reduced by almost 70% since 1980 - in significant part because of the multi-faceted approach that focuses on the entire scope of the problem ranging from enforcement to rehabilitation. One tool that has been vastly underutilized, despite significant empir- ical data supporting its effectiveness in reducing recidivism, is the ignition interlock device. Indeed - after a decade of the clear statuto- ry requirement that misdemeanor/felony-level DWI offenders install and maintain a functioning ignition interlock device for a set post-revoca- tion period, fewer than 30% of such offenders are installing the device. This abysmal participation rate undermines clear legislative intent and, more importantly, bypasses an effective methodology proven to reduce recidivism. Indeed, multiple studies have shown that imposing ignition interlock restrictions in the first several months following a conviction for an alcohol-related offense are most effective in reducing DWI recidivism. For example, a 2016 California DMV study concluded that ignition inter- locks are notably more effective in reducing DWI recidivism across all offender groups: *For first offenders IIDs were shown to be 74% more effective in reduc- ing DWI recidivism than license sanctions alone for first offenders within 182 days after conviction, and 45% more effective during days 183-365 after conviction. *Among second offenders, IIDs were shown to be 70% more effective than license sanctions alone in preventing repeat offenses for the first 364 days of use and 58% more effective than license sanction alone during days 364-730. *Among third-time offenders, those with license sanctions alone were 3.4-times more likely to have a fourth conviction compared with the IID group. (California DMV Study of Four-County Ignition Interlock Pilot Program, June 2016.) A 2017 study in the American Journal of Preventative Medi- cine looked at more than 30 years of IID usage and fatal crashes and concluded that mandatory usage for all offenders would have a signif- icant public health benefit. It found that requiring IIDs for all offen- ders with a BAC of .08 reduced fatal drunk driving crashes by 7%. (McGinty, Emma E., American Journal of Preventative Medicine, "Ignition Interlock Laws: Effect on Fatal Motor Vehicle Crashes, 19822013," Janu- ary, 2017) Similarly, the National Transportation Safety Board concluded in a 2012 study that, "Research evaluation of ignition interlock programs over the last two decades has found that ignition interlock devices are effective in reducing recidivism among DWI offenders." A recent study examined the effectiveness of laws that require alcohol interlock installations for first-time offenders as well as repeat or high-BAC offenders, found an additional benefit in reducing repeat DWI offenses. According to one estimate, if all drivers with at least one alcohol-impaired driving conviction within the 3 years prior to the accident used zero-BAC inter- lock devices, approximately 1,100 deaths could have been prevented in 1 year. The NTSB concludes that the installation of alcohol ignition interlocks on the vehicles of all DWI offenders would reduce accidents caused by alcohol-impaired drivers." (National Transportation Safety Board "Highway Special Investigation Report Wrong- Way Driving, 2012.) This bill would implement what the data overwhelmingly demonstrates that persons convicted of alcohol-related traffic offenses should be required to utilize an ignition interlock device for a specified period of time. It does so by adopting best practices from around the country and taking a fresh look at how the IID requirements are imposed and why more than 70.% of eligible drivers are skirting the requirement. It replaces the current system with one that will increase interlock usage across all offenders, drastically reduce grounds for avoiding the sanction, make first offenders subject to IID usage when they agree to enter into a plea reduction and provide incentives for proper use of the device. In short, it provides the legal community with the ability to further ensure a reduction in the number of individuals driving under the influ- ence of alcohol through the increased use of ignition interlock devices. LEGISLATIVE HISTORY: A.7494a of 2020: Referred to Transportation. S.5671 of 2020: Passed the Senate on 7/21/20. FISCAL IMPLICATIONS: None EFFECTIVE DATE: This act shall take effect on the first of November next succeeding 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.
2021-S6598 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6598
2021-2022 Regular Sessions
I N S E N A T E
May 10, 2021
___________
Introduced by Sen. COONEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01428-01-1 S. 6598 2 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 ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE SHALL HAVE OCCURRED WHO MONI- TORS COMPLIANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY- S. 6598 3 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 PROVISION OF ARTICLE ONE HUNDRED TWENTY OR ONE HUNDRED TWENTY FIVE OF THE PENAL LAW INVOLVING THE OPERATION OF A VEHICLE. S. 6598 4 (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 (IV) FAILED TO APPEAR AT THE IGNITION INTERLOCK DEVICE VENDOR WHEN REQUIRED FOR MAINTENANCE, REPAIR, CALIBRATION, MONITORING, INSPECTION, S. 6598 5 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 SHALL PROHIBIT THE OPERATION OF A MOTOR VEHICLE WITHOUT A FUNCTIONING IGNITION INTERLOCK DEVICE AND REQUIRES SUCH PERSON to install and [oper- S. 6598 6 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- 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 S. 6598 7 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. (f) The commissioner shall note on the operator's record of any person restricted pursuant to this section that, in addition to any other S. 6598 8 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. 5. Cost, installation and maintenance. (a) The cost of installing and maintaining the ignition interlock device shall be borne by the person S. 6598 9 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.
co-Sponsors
(D) Senate District
(D, WF) Senate District
2021-S6598A - Details
2021-S6598A - Sponsor Memo
BILL NUMBER: S6598A
SPONSOR: COONEY
TITLE OF BILL:
An act to amend the vehicle and traffic law and the penal law, in
relation to the ignition interlock program
PURPOSE:
To establish incentives and standards for the increased utilization of
the ignition interlock device as a rehabilitative tool for impaired
drivers in a manner consistent with best practices.
1. Deletes subsection (iii) of paragraph (c) of subdivision 1 of § 1193
of the Vehicle & Traffic Law (VTL), which is located incorrectly in the
felony penalty provision of that section.
2. Adds a new paragraph (g) to VTL § 1193(1) to:
* Require that any person convicted of misdemeanor-level DWI be prohib-
ited from operating any vehicle without a functioning ignition interlock
device(IID) for a period of at least 12 months, and install a function-
ing interlock in any vehicle operated by such person for at least 180 days, after a driver's license is restored. As an incentive for compli- ant use, such period may be satisfied with 120 days of violation-free operation. * Provide that the sentencing court may impose an alternative sentence that would supersede the revocation period, provided the offender exclu- sively operated a vehicle with a functioning interlock for a period of 12-months; and provided further that such period would be satisfied by 300 consecutive days of violation-free use. *Provide that any violation of the terms of use would restart the period of usage necessary to satisfy the sentence. 3. Adds a new paragraph (h) to VTL § 1193(1) to provide that whenever a person charged with misdemeanor DWI enters into a plea reduction to a traffic infraction of driving while ability impaired, a condition of such plea must include use of an I'D for a period of 6 months, and such term of use may be satisfied by 90 consecutive violation-free days. 4. Adds a new paragraph (i)to provide for a provisional license for certain offenders subject to lifetime revocations provided they have been revoked without a violation for at least 5 years and were not involved in a crash resulting in a conviction under the Penal Law. The provisional license will require two years of violation-free operation with an ignition interlock device - and successful completion of the two-year period will be deemed a presumption of rehabilitative effort for the purposes of full relicensing by the Department. 5. Adds a new paragraph (j) to VTL § 1193(1) to set forth the specific actions and non-actions that would constitute a violation of the terms of IID usage. 6. Adds a new paragraph (k) to VTL § 1193(1) to state that when a sentence imposed pursuant to this subdivision (or for felony-level DWI) includes a period of imprisonment, satisfaction of the term of imprison- ment shall not reduce or otherwise limit the ignition interlock require- ments. 7. Adds a new paragraph (1) to VTL § 1193(1) to require regular and consistent use of the ignition interlock device during the authorized period of usage. 8. Adds a new paragraph (m)to provide that successful completion of the ignition interlock program will result in waiver of payment of the driv- er responsibility fee imposed pursuant to VTL § 1199 ($250/year for 3 years). 9. Amends paragraph (c) of subd. 1-a of VTL § 1193 relating to felony DWI to authorize the court to impose a post-revocation period of ignition interlock usage of not less than 12 months and such period will not be reduced or limited by the satisfaction of any period of imprison- ment. 10. Subdivisions 1, 2 and 3 of VTL § 1198 are amended to make changes necessary to conform with the amendments to § 1193(1). 11. Subdivision 4 of VTL § 1198 is amended to set forth the process by which an offender may demonstrate good cause for not installing an ignition interlock device pursuant to the provisions of this chapter. 12. Subdivision 5 of VTL § 1198 is amended to add a new paragraph (c) to clarify that failure to install an IID, appear for service or circumvent or tamper with the device will be deemed a violation of the person's condition of sentence, probation or conditional discharge. 13. Subdivision k-1 of § 65.10 of the Penal Law is amended to delete the existing language that would prohibit the use of the IID as a ccndition of sentence for a violation of VTL § 1192(1) (driving while ability impaired by alcohol) in order to enable the effectiveness of new para- graph (h) of VTL § 1193(1) relating to the use of the device as a condi- tion of a plea from a misdemeanor to a traffic infraction. 14. Bill § 6 requires the Division of Criminal Justice Services (DCJS) to compile and publish annually a report on its website of the total number of repeat convictions with respect to violations for 5 years and also for the 5 years preceding the effective date. ò 15. Bill § 7 authorizes DCJS in consultation with DMV to promulgate necessary rules for the implementation of this act. JUSTIFICATION: New York's historic efforts to reduce the incidence of impaired driving has yielded significant results over the past four decades. Today the likelihood of being killed by a drunk driver has been reduced by almost 70% since 1980 - in significant part because of the multi-faceted approach that focuses on the entire scope of the problem ranging from enforcement to rehabilitation. One tool that has been vastly underutilized, despite significant empir- ical data supporting its effectiveness is the ignition interlock device. Indeed after more than a decade of the clear statutory requirement that misdemeanor/felony-level DWI offenders install and maintain a function- ing ignition interlock device for a set post-revocation period, only 26% of such offenders are actually installing the device. This abysmal participation rate undermines clear legislative intent and, more importantly, bypasses an effective methodology proven to achieve the dual goals of advancing public safety and reducing the rate of reci- divism. This is particularly relevant in light of the fact that numerous studies show that 50-75% of convicted drunk drivers whose licenses are suspended or revoked continue to drive. Ignition interlocks basically are designed to do two things: (1) protect the public by preventing drunk driving events; and (2) alter behavior in order to reduce recidivism. When Leandra's Law was first enacted, the goal was clear: "We know that where this is implemented DWI's decrease by 35 percent." KATE HOGAN, PRESIDENT OF THE NYS DISTRICT ATTORNEY'S ASSOCIATION. Her words are prescient. Protecting the Public and Saving Lives: * Nationally - Between December 1, 2006 and December 31, 2020 there were 3.8 million attempts to drive while legally intoxicated (.08+) which were stopped by the IID. There were an additional 25.4 million attempts foiled for persons who had been drinking. * Over the same time-period, in NY - despite its abysmal participation rate - IIDs prevented more than 111,000 drunk driving attempts, and an additional 439,427 attempts by convicted drunk drivers attempted to start a vehicle after consuming alcohol. * A 2016 University of Pennsylvania study found that alcohol-related fatalities decreased by 15% in states with all-offender interlock laws. A similar study in 2018 by the Insurance Institute for Auto and Highway Safety came to a similar conclusion: a decrease in alcohol-related traf- fic deaths of 16%. Reducing Recidivism: * A 2016 California study concluded that IIDs are 74% more effective in reducing DWI recidivism than license suspension alone during the first six months after conviction and 45% more effective over the course of a year. * The same study notably found that IIDS are 70% more effective than license suspension alone in preventing repeat offenses among second-time offenders for the first year after conviction and 58% more effective over two years. Third-time offenders who only suffered license action were 3.4 times as likely to commit a fourth offense when compared with those offenders subject to IID. * A NHTSA study found that the record of breath tests logged via the IID is effective at predicting future recidivism risk. * A 2016 study published in the International Review of Law and Econom- ics concluded that the potential for IID programs to prevent alcohol involved driving and alcohol-related crashes is most significant when the program is applied to a broader cross-section of offenders and a higher proportion of offenders have the IID installed. This bill would implement what the data overwhelmingly demonstrates that persons convicted of alcohol-related traffic offenses should be required to utilize an ignition interlock device for a specified period of time. It does so by adopting best practices from around the country and taking a fresh look at how the IID requirements are imposed and why more than 70% of eligible drivers are skirting the requirement. It replaces the current system with one that will increase interlock usage across all offenders, drastically reduce grounds for avoiding the sanction, make first offenders subject to IID usage when they agree to enter into a plea reduction and provide incentives for proper use of the device. In short, it provides the legal community with the ability to further ensure a reduction in the number of individuals driving under the influ- ence of alcohol through the increased use of ignition interlock devices. LEGISLATIVE HISTORY: A.7494a of 2020: Referred to Transportation. S.5671 of 2020: Passed the Senate in 2019 and 2020. FISCAL IMPLICATIONS: None EFFECTIVE DATE: This act shall take effect on the first of November next succeeding 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.
2021-S6598A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6598--A
2021-2022 Regular Sessions
I N S E N A T E
May 10, 2021
___________
Introduced by Sens. COONEY, KAMINSKY, REICHLIN-MELNICK -- read twice and
ordered printed, and when printed to be committed to the Committee on
Transportation -- recommitted to the Committee on Transportation in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01428-02-2
S. 6598--A 2
(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 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 and six new paragraphs (h), (i), (j), (k), (l), and (m) are added to subdivision 1 to read as follows: S. 6598--A 3 (g) CONDITION OF PROBATION AND CONDITIONAL DISCHARGE; IGNITION INTER- LOCK DEVICE REQUIREMENTS; ALTERNATIVE SENTENCE AUTHORIZED. (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 ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE SHALL HAVE OCCURRED WHO MONITORS 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 AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE. (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 ANY MOTOR VEHICLE 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 (J) 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 CONDI- TIONAL 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 ANY MOTOR VEHICLE OPERATED BY SUCH PERSON FOR A PERIOD OF TWELVE MONTHS. 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 (J) OF THIS SUBDIVISION FOR A PERIOD OF THREE HUNDRED CONSECUTIVE DAYS SHALL BE DEEMED TO HAVE SATISFIED THE CONDI- TIONS OF PROBATION OR CONDITIONAL DISCHARGE RELATING TO THE IGNITION INTERLOCK REQUIREMENTS AS SET FORTH IN THIS PARAGRAPH. THE PERIOD OF S. 6598--A 4 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 ADDI- TIONAL PENALTIES SET FORTH IN SUBDIVISION ONE-A OF THIS SECTION OR WHO SHALL HAVE ALSO BEEN CONVICTED OF A VIOLATION OF ANY PROVISION OF ARTI- CLE ONE HUNDRED TWENTY OR ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW INVOLVING THE OPERATION OF A MOTOR 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 (J) 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 (J) 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 ANY MOTOR VEHICLE OPERATED BY SUCH PERSON. THE SENTENCING COURT SHALL SENTENCE SUCH PERSON TO A CONDITIONAL DISCHARGE WHICH SHALL INCLUDE SUCH REQUIREMENT IN ADDITION TO ANY FINE REQUIRED BY THIS ARTICLE AND ANY OTHER CONDITION AUTHORIZED BY LAW. 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 PARA- GRAPH (J) 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 (J) OF THIS SUBDIVISION, SUCH NINETY DAY PERIOD SHALL RESET FROM THE DATE OF ANY SUCH VIOLATION. (I) PERMANENT REVOCATION; IGNITION INTERLOCK REQUIREMENT. A PERSON SUBJECT A PERMANENT LICENSE REVOCATION PURSUANT TO A PROVISION OF THIS CHAPTER OR ANY RULE PROMULGATED PURSUANT TO THIS CHAPTER, WHEN THE UNDERLYING BASIS FOR THE PERMANENT REVOCATION RELATES TO TWO OR MORE OF VIOLATIONS OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AND/OR REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE, SUCH PERSON SHALL BE ENTITLED TO A PROVI- SIONAL LICENSE PROVIDED THAT THE PERSON HAS NOT WITHIN THE PASTS TWEN- TY-FIVE YEARS BEEN CONVICTED OF A VIOLATION OF ARTICLE ONE HUNDRED TWEN- TY OR ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW RELATED TO THE OPERATION OF A MOTOR VEHICLE, AND THE PERSON HAS BEEN SUBJECT TO A LICENSE REVOCATION FOR NOT LESS THAN FIVE YEARS AND HAS NOT, DURING THAT S. 6598--A 5 PERIOD, BEEN CONVICTED OF A VIOLATION OF THIS CHAPTER REGARDING THE OPERATION OF A MOTOR VEHICLE. UPON APPLICATION, THE COMMISSIONER SHALL PROVIDE SUCH APPLICANT WITH A PROVISIONAL LICENSE THAT WILL INCLUDE THE FOLLOWING CONDITIONS: (1) AN EXPRESS PROHIBITION ON THE OPERATION OF ANY MOTOR VEHICLE WITH- OUT A FUNCTIONING IGNITION INTERLOCK DEVICE FOR A PERIOD OF TWENTY-FOUR MONTHS AS SET FORTH IN THIS PARAGRAPH; AND (2) 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 ANY MOTOR VEHICLE OPERATED BY SUCH PERSON, FOR A PERIOD OF TWENTY-FOUR MONTHS. 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 OF THIS CHAPTER, EXCEPTING VIOLATIONS RELATED TO STANDING, STOPPING OR PARKING, AND HAS BEEN SUBSTANTIALLY DEVOID OF ANY VIOLATIONS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION DURING THE PROVISIONAL LICENSE PERIOD, SHALL BE PRESUMPTIVE PROOF OF REHABILITATION FOR THE PURPOSE OF PETITIONING THE COMMISSIONER FOR RESTORATION OF THE OPERATOR'S LICENSE TO OPERATE A MOTOR VEHICLE. A VIOLATION OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER, ANY PROVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE DURING THE PROVI- SIONAL LICENSE PERIOD WILL RESULT IN IMMEDIATE REVOCATION OF SUCH LICENSE. THE PERIOD OF INTERLOCK RESTRICTION SHALL COMMENCE ON THE DATE THAT SUCH IGNITION INTERLOCK DEVICE SHALL HAVE BEEN INSTALLED. (J) 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 ARTICLE; 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 (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. (K) 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. S. 6598--A 6 (L) 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. (M) A PERSON WHO HAS SUCCESSFULLY SATISFIED THE IGNITION INTERLOCK REQUIREMENTS SET FORTH IN PARAGRAPH (G) OR (H) OF THIS SUBDIVISION SHALL NO LONGER BE SUBJECT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED NINE- TY-NINE OF THIS ARTICLE RELATING TO THE DRIVER RESPONSIBILITY ASSESSMENT AND ANY FEE PAID BY SUCH PERSON PURSUANT TO SUCH SECTION SHALL BE RETURNED BY THE COMMISSIONER UPON SATISFACTORY PROOF OF COMPLIANCE. (N) 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 motor vehicle [owned or] operated by the person so sentenced. Such devices shall remain installed during any period of license revocation 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 dependency pursuant to the provisions of section eleven hundred ninety-eight-a of this article. Where such assessment indicates the need for treatment, such court is authorized to impose treatment as a condition of such sentence except that such court shall impose treatment as a condition of a sentence of probation or conditional discharge pursuant to the provisions of subdi- vision 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 (K) 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 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 vehicle [which he or she owns or operates] OPERATED BY SUCH PERSON. S. 6598--A 7 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- 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 S. 6598--A 8 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 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. (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. S. 6598--A 9 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: (A) 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; AND (B) 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; AND (C) 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. 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 S. 6598--A 10 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), (J) AND (K) 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. The commissioner of the division of criminal justice services, in consultation with the commissioner of the department of motor vehicles, shall promulgate any rules or regulations necessary to effectuate the provisions of this act. § 8. 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.
co-Sponsors
(D) 16th Senate District
(D) Senate District
(D, WF) Senate District
2021-S6598B (ACTIVE) - Details
2021-S6598B (ACTIVE) - Sponsor Memo
BILL NUMBER: S6598B
SPONSOR: COONEY
TITLE OF BILL:
An act to amend the vehicle and traffic law and the penal law, in
relation to the ignition interlock program
PURPOSE OR GENERAL IDEA OF BILL:
To establish standards and incentives for increased utilization of the
ignition interlock device (IID) to protect the public and reduce reci-
divism in a manner consistent with best practices.
SUMMARY OF PROVISIONS:
Section 1: Deletes subsection (iii) of paragraph (c) of subdivision 1 of
§ 1193 of the Vehicle & Traffic Law (VTL), which is incorrectly located
in the felony penalty provision of that section.
Section 2: Adds a new paragraph (g) to VTL § 1193(1) to:
(1)define "ignition interlock monitor"; (2)require the court - in addition to any fine, period of imprisonment, or license sanction imposed - to sentence any driver convicted of a misdemeanor-level violation of subdivision (2),(2-a),(3) or (4-a) of VTL § 1192 to a period of probation or conditional discharge which expressly prohibits the person from operating any motor vehicle without an IID for at least twelve months and requires the person to install and maintain an IID in any motor vehicle the person operates for at least 180 days after the driver's license is restored. As an incentive for compliant use, once the ignition interlock monitor declares 120 consecutive days of violation-free usage, the mandated period of IID usage will be deemed satisfied; ( 3 )permit the court, in lieu of suspending or revoking the driver's license, to impose an alternative sentence for conviction of a violation of subdivision (2),(2-a),(3) or (4-a) of VTL § J192 to a period of probation or conditional discharge which prohibits the person from oper- ating any motor vehicle without an IID for twelve months or more and requires the person to install and maintain an IID in any motor vehicle the person operates during a period of at least twelve months. As an incentive for compliant use, once the ignition interlock monitor declares 300 consecutive days of violation-free usage, the mandated period of IID usage will be deemed satisfied.An alternative sentence may not be imposed on any person subject to additional penalties under subdivision 1-a or who has also been convicted of a violation of any provision of article one hundred twenty or one hundred twenty-five of the penal law involving the operation of a motor vehicle; and (4)prohibit the commissioner from restoring a person's license unless and until the ignition interlock monitor declares the person to have operated the motor vehicle substantially violation-free for the period of IID usage. If a person fails to operate the motor vehicle free of any prohibited violation, the mandated period of IID usage shall reset from the date of such violation. * Adds a new paragraph (h) to VTL § 1193(1) to provide that whenever a person charged with a misdemeanor violation of subdivision (2),(2-a),(3) or (4-a) of VTL § 1192 enters into a plea reduction to a traffic infrac- tion under subdivision (1) of VTL § 1192, a condition of such plea must include use of an IID for a period of 6 months.As an incentive for compliant use, once the ignition interlock monitor declares 90 consec- utive days of violation-free usage, the mandated period of IID usage will be deemed satisfied; * Adds a new paragraph (i) to: -permit certain persons subject to lifetime revocation to obtain a post- revocation conditional license, provided their license has been revoked for at least 5 years, they have not been convicted of a moving violation during those 5 years, and they have not been involved in a crash result- ing in a conviction under the Penal Law. -requires the commissioner, upon application, to provide a post-revoca- tion conditional license which includes conditions expressly prohibiting operation of any motor vehicle without an IID for a period of twenty- four months and requires the person to install and maintain an IID in any motor vehicle the person operates for a period of twenty-four months. Following twenty-four months of substantially violation-free IID usage, there will be a rebuttable presumption that the person is reha- bilitated and may petition the commissioner to restore their license. During the mandated period of IID usage, certain violations will result in immediate revocation, including operating a vehicle with a suspended or revoked license, any violation of VTL § 1192, or a refusal to submit to a chemical test; * Adds a new paragraph (j) to VTL § 1193(1) to set forth the specific actions and non-actions constituting a violation of the terms of IID usage. * Adds a new paragraph (k) to VTL § 1193(1) to clarify that satisfying a term of imprisonment shall not reduce or otherwise limit the ignition interlock requirements. *Adds a new paragraph (1) to VTL § 1193(1) to require regular and consistent use of the ignition interlock device during the mandated period of usage. *Adds a new paragraph (m) to provide that a person who successfully completes the ignition interlock requirement will no longer be subject to, and the commissioner shall refund payment of, the driver responsi- bility fee imposed pursuant to VTL § 1199 ($250/year for three years). Section 3: Amends paragraph (c) of subdivision 1-a of VTL § 1193 relat- ing to felony DWI to require the court to, as a condition of sentence, order installation of an IID during the period of license revocation and to impose a post-revocation period of IID usage of not less than 12 months. Such period of mandatory IID usage may not be reduced or limited by satisfying any period of imprisonment. Section 4: *Amends subdivisions 1, 2 and 3 of VTL § 1198 to conform them with the amendments to § 1193(1). *Amends subdivision 4 of VTL § 1198 to set forth the process by which an offender may demonstrate good cause for not installing an IID pursuant to the provisions of this chapter. *Amends subdivision 5 of VTL § 1198 to add a new paragraph (c) to clari- fy that failure to install an IID, failure to appear for service, or circumvention or tampering with the device, will be deemed a violation of the person's condition of sentence, probation or conditional discharge. Section 5: Amends subdivision k-1 of § 65.10 of the Penal Law to author- ize use of the IID as a condition of sentence for a violation of VTL § 1192(1), making it consistent with new paragraph (h) of VTL § 1193(1), which permits use of the IID as a condition of a plea from a misdemeanor to a traffic infraction. Section 6: Requires the Division of Criminal Justice Services (DCJS) to compile and publish annually a report on its website of the total number of repeat convictions with respect to violations for the 5 years follow- ing and the 5 years preceding the effective date. Section 7: Authorizes DCJS in consultation with DMV to promulgate neces- sary rules for the implementation of this act. Section 8: Establishes the effective date. DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The amended version adds references to "any" motor vehicle operated "by such person" to conform the language in VTL § 1193(g)(2)(ii) and (g)(3)(ii), as well as § 1193(h); adds language to VTL § 1193(h) mandat- ing that whenever a person pleads to a traffic infraction under subdivi- sion (1) of VTL § 1192, the court shall sentence such person to a condi- tional discharge that includes mandatory use of an IID for a period of 6 months; adds VTL § 1193(i) entitled "permanent revocation; ignition interlock requirement"; adds VTL § 1193(m) to provide a refund of the driver responsibility fee to a person who successfully completes the ignition interlock requirement; amends VTL § 1198(3) (c) to state that a post-revocation conditional license may be revoked for any violation "of this article" with respect to operating a motor vehicle without a. func- tioning IID when required to do so; and adds a provision authorizing the promulgation of rules and regulations to effectuate this act. JUSTIFICATION: New York has made significant progress to remove impaired drivers from the roads by addressing both enforcement and rehabilitation efforts. Ignition interlock devices (IIDs) represent an important tool to be used in both efforts. IIDs protect the public from drunk driving events and also alter driver behavior to reduce recidivism. This bill seeks to enhance New York's existing IID law by promoting expanded usage to reflect what the data overwhelmingly demonstrates: all persons convicted of alcohol-related traffic offenses should be required to utilize an IID for a specified minimum period of time. Despite significant empirical data supporting the effectiveness of IID usage, IIDs remain vastly underutilized in New York. Indeed, although current law mandates misdemeanor/felony-level DWI offenders to install and maintain a functioning IID for a set post-revocation period, only 26% of such offenders actually install the device. This abysmal partic- ipation rate undermines clear legislative intent and forfeits an effec- tive method for achieving NY's dual goals of advancing public safety and reducing recidivism. Protecting the Public and Saving Lives: * Nationally, MADD reports that between December 1, 2006 and December 31, 2020, there were 3.8 million attempts to drive while legally intoxi- cated (.08+) which were stopped by the IID.There were an additional 25.4 million attempts foiled for persons who had been drinking. * Over the same time-period in New York, MADD reports IIDs prevented more than 111,000 drunk driving attempts, and an additional 439,427 attempts by convicted drunk drivers attempted to start a vehicle after consuming alcohol. * A 2016 University of Pennsylvania study found that alcohol-related fatalities decreased by 15% in states with all-offender interlock laws. A similar study in 2018 by the Insurance Institute Ls Auto and Highway Safety came to a similar conclusion: a decrease in alcohol-related traf- fic deaths of 16%. Reducing Recidivism: * A 2016 California study concluded that IIDs are 74% more effective in reducing DWI recidivism than license suspension alone during the firSt six months after conviction and 45% more effective over the course of a year. * The same study notably found that IIDS are 70% more effective than license suspension alone in preventing repeat offenses among second-time offenders for the first year after conviction and 58% more effective over two years.Third-time offenders who only suffered license action were 3.4 times as likely to commit a fourth offense when compared with those offenders subject to IID. * A NHTSA study found that the record of breath tests logged via the IID is effective at predicting future recidivism risk. * A 2016 study published in the International Review of La :w and concluded that the potential for IID programs to prevent alcohol involved driving and alcohol-related crashes is most significant when the program is applied to a broader cross-section of offenders and a higher proportion of offenders have the IID installed. This bill will increase interlock usage across all offenders, dras- tically reduce grounds for avoiding the sanction, make first offenders subject to IID usage when they enter into a plea reduction, and provide incentives for violation-free use of the device, including reduced mandatory time periods for usage and a refund of the "driver responsi- bility fee." PRIOR LEGISLATIVE HISTORY: 2019-2020:A.7494a - referred to Transportation S.5671a - passed Senate on 6/18/19 and 7/21/20. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None EFFECTIVE DATE: This act shall take effect on the first of November next succeeding 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.
2021-S6598B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6598--B
2021-2022 Regular Sessions
I N S E N A T E
May 10, 2021
___________
Introduced by Sens. COONEY, KAMINSKY, REICHLIN-MELNICK -- read twice and
ordered printed, and when printed to be committed to the Committee on
Transportation -- recommitted to the Committee on Transportation in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01428-04-2
S. 6598--B 2 (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 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 AUTHORIZED. (1) FOR THE S. 6598--B 3 PURPOSES OF THIS SUBDIVISION, "IGNITION INTERLOCK MONITOR" SHALL MEAN A PERSON DESIGNATED BY THE COUNTY WHERE A CONVICTION FOR A VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE SHALL HAVE OCCURRED WHO MONITORS 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 AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE. (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, PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH AND 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 ANY MOTOR VEHICLE OPERATED BY SUCH PERSON FOR A PERIOD OF TWELVE MONTHS OR LONGER AS SET FORTH IN SUBPARAGRAPH FOUR OF THIS PARAGRAPH, INCLUDING THE ONE HUNDRED EIGHTY DAYS AFTER A LICENSE HAS BEEN RESTORED; PROVIDED, HOWEVER, 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 (J) OF THIS SUBDIVISION FOR A PERI- OD 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, IN ITS DISCRETION, 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) AN EXPRESS PROHIBITION FROM OPERATING ANY VEHICLE WITHOUT A FUNC- TIONING IGNITION INTERLOCK DEVICE FOR A PERIOD OF TWELVE MONTHS OR LONG- ER PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH AND PARAGRAPH (C) OF SUBDIVISION ONE-A OF THIS SECTION; 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 ANY MOTOR VEHICLE OPERATED BY SUCH PERSON FOR A PERIOD OF TWELVE MONTHS OR LONGER, AS SET FORTH IN SUBPARA- GRAPH FOUR OF THIS PARAGRAPH; PROVIDED, HOWEVER, 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 (J) OF THIS SUBDIVISION FOR A PERI- OD 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 S. 6598--B 4 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 PARAGRAPH (A) OR (B) OF SUBDI- VISION ONE-A OF THIS SECTION OR WHO SHALL HAVE ALSO BEEN CONVICTED OF A VIOLATION OF ANY PROVISION OF ARTICLE ONE HUNDRED TWENTY OR ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW INVOLVING THE OPERATION OF A MOTOR 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 SUBSTANTIALLY FREE OF ANY VIOLATIONS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION FOR THE APPLICABLE TIME PERIODS IMPOSED PURSUANT TO SUBPARAGRAPHS TWO AND THREE OF THIS PARAGRAPH. A VIOLATION OF ANY OF THE PROVISIONS OF PARAGRAPH (J) OF THIS SUBDIVISION SHALL CAUSE THE RESPECTIVE 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 IS 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 SATISFACTION 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 THAT SUCH PERSON SHALL INSTALL AND MAINTAIN AN IGNITION INTERLOCK DEVICE FOR A PERIOD OF NOT LESS THAN SIX MONTHS ON ANY MOTOR VEHICLE OPERATED BY SUCH PERSON. IF THE COURT ACCEPTS THE PLEA TO THE REDUCED CHARGE, THE COURT SHALL SENTENCE SUCH PERSON TO A CONDITIONAL DISCHARGE WHICH SHALL INCLUDE SUCH REQUIREMENT IN ADDITION TO ANY FINE REQUIRED BY THIS ARTICLE AND ANY OTHER CONDITION AUTHORIZED BY LAW. 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 (J) OF THIS SUBDIVISION FOR A PERI- OD 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 (J) OF THIS SUBDIVISION, SUCH NINETY DAY PERIOD SHALL RESET FROM THE DATE OF ANY SUCH VIOLATION. (I) PERMANENT REVOCATION; IGNITION INTERLOCK REQUIREMENT. A PERSON SUBJECT TO A PERMANENT LICENSE REVOCATION PURSUANT TO A PROVISION OF THIS CHAPTER OR ANY RULE PROMULGATED PURSUANT TO THIS CHAPTER, WHEN THE UNDERLYING BASIS FOR THE PERMANENT REVOCATION RELATES TO TWO OR MORE OF VIOLATIONS OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AND/OR REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE, SUCH PERSON SHALL BE ENTITLED TO A POST-RE- VOCATION CONDITIONAL LICENSE PROVIDED THAT THE PERSON HAS NOT WITHIN THE PAST TWENTY-FIVE YEARS BEEN CONVICTED OF A VIOLATION OF ARTICLE ONE HUNDRED TWENTY OR ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW RELATED TO THE OPERATION OF A MOTOR VEHICLE, AND THE PERSON HAS BEEN SUBJECT TO A LICENSE REVOCATION FOR NOT LESS THAN FIVE YEARS AND HAS NOT, DURING THAT PERIOD, BEEN CONVICTED OF A VIOLATION OF THIS CHAPTER S. 6598--B 5 REGARDING THE OPERATION OF A MOTOR VEHICLE. UPON APPLICATION, THE COMMISSIONER SHALL PROVIDE SUCH APPLICANT WITH A POST-REVOCATION CONDI- TIONAL LICENSE THAT WILL INCLUDE THE FOLLOWING CONDITIONS: (1) AN EXPRESS PROHIBITION ON THE OPERATION OF ANY MOTOR VEHICLE WITH- OUT A FUNCTIONING IGNITION INTERLOCK DEVICE FOR A PERIOD OF TWENTY-FOUR MONTHS AS SET FORTH IN THIS PARAGRAPH; AND (2) 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 ANY MOTOR VEHICLE OPERATED BY SUCH PERSON, FOR A PERIOD OF TWENTY-FOUR MONTHS. THERE SHALL BE A REBUTTABLE PRESUMPTION OF REHABILITATION FOR THE PURPOSE OF PETITIONING THE COMMIS- SIONER FOR RESTORATION OF THE OPERATOR'S LICENSE TO OPERATE A MOTOR VEHICLE UPON A DECLARATION FROM THE IGNITION INTERLOCK MONITOR, ON A FORM PROVIDED BY THE COMMISSIONER, CERTIFYING THAT SUCH PERSON HAS OPER- ATED SUCH MOTOR VEHICLE FREE OF ANY VIOLATIONS OF THIS CHAPTER, EXCEPT- ING VIOLATIONS RELATED TO STANDING, STOPPING OR PARKING, AND HAS BEEN SUBSTANTIALLY DEVOID OF ANY VIOLATIONS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION DURING THE POST-REVOCATION CONDITIONAL LICENSE PERIOD. A VIOLATION OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER, ANY PROVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE DURING THE POST-REVOCATION CONDITIONAL LICENSE PERIOD WILL RESULT IN IMMEDIATE REVOCATION OF SUCH LICENSE. THE PERIOD OF INTERLOCK RESTRICTION SHALL COMMENCE ON THE DATE THAT SUCH IGNITION INTERLOCK DEVICE SHALL HAVE BEEN INSTALLED. (J) 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 ARTICLE; 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 (IV) FAILED TO APPEAR AT THE IGNITION INTERLOCK DEVICE VENDOR WHEN REQUIRED FOR MAINTENANCE, REPAIR, CALIBRATION, MONITORING, INSPECTION, OR REPLACEMENT OF SUCH DEVICE. WHEN APPLICABLE, A CERTIFICATE OF VIOLATION SHALL BE ACCOMPANIED BY A CONTEMPORANEOUS DIGITAL IMAGE VERI- FYING THE IDENTITY OF THE VIOLATOR. (K) 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. S. 6598--B 6 (L) 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. (M) A PERSON WHO HAS SUCCESSFULLY SATISFIED THE IGNITION INTERLOCK REQUIREMENTS SET FORTH IN PARAGRAPH (G) OR (H) OF THIS SUBDIVISION SHALL NO LONGER BE SUBJECT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED NINE- TY-NINE OF THIS ARTICLE RELATING TO THE DRIVER RESPONSIBILITY ASSESSMENT AND ANY FEE PAID BY SUCH PERSON PURSUANT TO SUCH SECTION SHALL BE RETURNED BY THE COMMISSIONER UPON SATISFACTORY PROOF OF COMPLIANCE. (N) 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 motor vehicle [owned or] operated by the person so sentenced. Such devices shall remain installed during any period of license revocation 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 OR AS OTHERWISE PROVIDED IN PARAGRAPH (G) OF SUBDIVISION ONE OF THIS SECTION; and (ii) order that such person receive an assessment of the degree of their alcohol or substance abuse and dependency pursuant to the provisions of section eleven hundred ninety-eight-a of this article. Where such assessment indicates the need for treatment, such court is authorized to impose treatment as a condition of such sentence except that such court shall impose treatment as a condition 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 (G) 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 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 vehicle [which he or she owns or operates] OPERATED BY SUCH PERSON. S. 6598--B 7 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 A FUNCTIONING 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 OTHERWISE PROVIDED FOR SENTENCES IMPOSED PURSUANT TO PARAGRAPH (G) OF SUBDIVISION 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- 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 S. 6598--B 8 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 THIS ARTICLE WITH RESPECT TO OPERATING A MOTOR VEHICLE WITHOUT A FUNCTIONING 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. (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. S. 6598--B 9 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: (A) 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; AND (B) 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; AND (C) 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. 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 S. 6598--B 10 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], PROVIDED THE COURT SHALL REQUIRE THE DEFENDANT to install and operate the ignition inter- lock device [only] in accordance with THE PROVISIONS OF PARAGRAPHS (G), (H), (J), (K) AND (L) OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINE- TY-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. The commissioner of the division of criminal justice services, in consultation with the commissioner of the department of motor vehicles, shall promulgate any rules or regulations necessary to effectuate the provisions of this act. § 8. 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.
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