S T A T E O F N E W Y O R K
________________________________________________________________________
2703--B
2025-2026 Regular Sessions
I N A S S E M B L Y
January 22, 2025
___________
Introduced by M. of A. WOERNER, STERN, McMAHON, HEVESI, McDONALD, KAY,
SHIMSKY, KASSAY, ANGELINO, McDONOUGH, TAGUE, K. BROWN, DeSTEFANO,
CHANG, DAVILA, BUTTENSCHON, REYES, WALSH, HAWLEY, MAHER, SIMON, DINOW-
ITZ, WILLIAMS, SEAWRIGHT, SCHIAVONI, LUPARDO, ZINERMAN, GRIFFIN,
CUNNINGHAM, CLARK, STIRPE, BURDICK, STECK, PAULIN, EACHUS -- read once
and referred to the Committee on Transportation -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Transportation in
accordance with Assembly Rule 3, sec. 2 -- 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 ignition interlock devices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (ii) of paragraph (b) of subdivision 1 of
section 1193 of the vehicle and traffic law, as amended by chapter 169
of the laws of 2013, is amended to read as follows:
(ii) In addition to the imposition of any fine or period of imprison-
ment 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 term of probation or conditional discharge, AND as
a condition of [which it] SUCH PROBATION OR CONDITIONAL DISCHARGE, shall
order such person to install and maintain, in accordance with the
provisions of section eleven hundred ninety-eight of this article, [an]
A FUNCTIONING ignition interlock device in any motor vehicle owned or
operated by such person SO SENTENCED during the term of such probation
or conditional 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]. SUCH DEVICES SHALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06230-10-6
A. 2703--B 2
REMAIN INSTALLED AND MAINTAINED 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 SHALL
REMAIN INSTALLED, MAINTAINED AND REGULARLY USED BY SUCH PERSON, FOR AN
ADDITIONAL PERIOD AS DETERMINED BY THE COURT, AND IN NO EVENT FOR A
PERIOD OF LESS THAN SIX MONTHS. SUCH period of interlock restriction
shall terminate upon submission of proof that such person installed and
maintained A FUNCTIONING IGNITION INTERLOCK DEVICE DURING THE PERIOD OF
REVOCATION AND, AS PERMITTED BY THE COMMISSIONER, INSTALLED, MAINTAINED
AND REGULARLY USED an ignition interlock device POST-REVOCATION for at
least six CONTINUOUS months, unless the court ordered such person to
install [and], maintain AND REGULARLY USE an ignition interlock device
for a longer period as authorized by this subparagraph and specified in
such order. PROVIDED, HOWEVER, THAT UPON SUCH PERSON'S FAILURE TO SUBMIT
PROOF OF COMPLIANCE WITH THE INTERLOCK RESTRICTION PRIOR TO THE EXPIRA-
TION OR TERMINATION OF SUCH PERIOD OF PROBATION OR CONDITIONAL
DISCHARGE, THE COURT SHALL IMPOSE AN ADDITIONAL PERIOD OF PROBATION OR
CONDITIONAL DISCHARGE AND IN NO EVENT FOR A PERIOD OF LESS THAN SIX
MONTHS. The period of interlock restriction shall commence from the
earlier of the date of sentencing, or the date that an ignition inter-
lock device was installed in advance of sentencing. 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 pursuant to the provisions of this section.
§ 2. Subparagraph (iii) of paragraph (c) of subdivision 1 of section
1193 of the vehicle and traffic law, as amended by chapter 169 of the
laws of 2013, is amended to read as follows:
(iii) In addition to the imposition of any fine or period of imprison-
ment 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, AND
as a condition of [which it] SUCH PROBATION OR CONDITIONAL DISCHARGE,
shall order such person to install and maintain, in accordance with the
provisions of section eleven hundred ninety-eight of this article, [an]
A FUNCTIONING ignition interlock device in any motor vehicle owned or
operated by such person SO SENTENCED during the term of such probation
or conditional 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]. SUCH DEVICES SHALL
REMAIN INSTALLED AND MAINTAINED 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 SHALL
REMAIN INSTALLED, MAINTAINED AND REGULARLY USED BY SUCH PERSON, FOR AN
ADDITIONAL PERIOD AS DETERMINED BY THE COURT, AND IN NO EVENT FOR A
PERIOD OF LESS THAN SIX MONTHS. SUCH period of interlock restriction
shall terminate upon submission of proof that such person installed and
maintained A FUNCTIONING IGNITION INTERLOCK DEVICE DURING THE PERIOD OF
REVOCATION AND, AS PERMITTED BY THE COMMISSIONER, INSTALLED, MAINTAINED
AND REGULARLY USED an ignition interlock device POST-REVOCATION for at
least six CONTINUOUS months, unless the court ordered such person to
install [and], maintain [a] AND REGULARLY USE AN ignition interlock
device for a longer period as authorized by this subparagraph and speci-
fied in such order. PROVIDED, HOWEVER, THAT UPON SUCH PERSON'S FAILURE
TO SUBMIT PROOF OF COMPLIANCE WITH THE INTERLOCK RESTRICTION PRIOR TO
THE EXPIRATION OR TERMINATION OF SUCH PERIOD OF PROBATION OR CONDITIONAL
A. 2703--B 3
DISCHARGE, THE COURT SHALL IMPOSE AN ADDITIONAL PERIOD OF PROBATION OR
CONDITIONAL DISCHARGE AND IN NO EVENT FOR A PERIOD OF LESS THAN SIX
MONTHS. The period of interlock restriction shall commence from the
earlier of the date of sentencing, or the date that an ignition inter-
lock device was installed in advance of sentencing. 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 pursuant to the provisions of this section.
§ 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 the installation AND MAINTENANCE 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 AND MAIN-
TAINED 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 SHALL REMAIN INSTALLED, MAIN-
TAINED AND REGULARLY USED BY THE PERSON for an additional period as
determined by the court AND IN NO EVENT FOR A PERIOD OF LESS THAN SIX
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, MAINTAIN AND REGULARLY USE an ignition
interlock device pursuant to this paragraph shall be subject to the
provisions of subdivisions four, five, seven, eight and nine of section
eleven hundred ninety-eight of this article.
§ 4. Subdivision 1 of section 1198 of the vehicle and traffic law,
as amended by chapter 496 of the laws of 2009, is 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 probation or conditional discharge to install and operate
an ignition interlock device in any vehicle which [he or she owns] THEY
OWN or [operates] OPERATE.
§ 5. Paragraphs (a) and (b) of subdivision 2 of section 1198 of the
vehicle and traffic law, as amended by chapter 496 of the laws of 2009,
are amended to read as follows:
(a) In addition to any other penalties prescribed by law, the court
shall require [that] any person who has been convicted of a violation of
subdivision two, two-a or three 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 install
and maintain, as a condition of 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 opera-
tion of a motor vehicle by any person whose license or privilege to
A. 2703--B 4
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. SUCH DEVICES SHALL REMAIN INSTALLED AND MAINTAINED DURING ANY
PERIOD OF LICENSE REVOCATION REQUIRED TO BE IMPOSED PURSUANT TO PARA-
GRAPH (B) OF SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THIS ARTICLE, AND, UPON THE TERMINATION OF SUCH REVOCATION PERIOD, AS A
CONDITION OF PROBATION OR CONDITIONAL DISCHARGE, SHALL REMAIN INSTALLED,
MAINTAINED AND REGULARLY USED BY SUCH PERSON FOR AN ADDITIONAL PERIOD AS
DETERMINED BY THE COURT AND IN NO EVENT FOR A PERIOD OF LESS THAN SIX
MONTHS. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT THE COURT FROM
MODIFYING OR ENLARGING THE SENTENCE OF PROBATION OR CONDITIONAL
DISCHARGE AS PROVIDED UNDER LAW, AND, UPON SUCH PERSON'S FAILURE TO
SUBMIT PROOF OF COMPLIANCE WITH THE INTERLOCK RESTRICTION PRIOR TO THE
EXPIRATION OR TERMINATION OF SUCH PERIOD OF PROBATION OR CONDITIONAL
DISCHARGE, THE COURT SHALL IMPOSE AN ADDITIONAL PERIOD OF PROBATION OR
CONDITIONAL DISCHARGE AND IN NO EVENT FOR A PERIOD OF LESS THAN SIX
MONTHS.
(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 AND REGULAR USE
of a functioning ignition interlock device, and such person shall there-
after be subject to the provisions of this section.
§ 6. Paragraph (a) of subdivision 3 of section 1198 of the vehicle and
traffic law, as amended by chapter 496 of the laws of 2009, is amended
to read as follows:
(a) Notwithstanding any other provision of law, 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 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 established by law, PROVIDES
PROOF TO THE COMMISSIONER OF INSTALLATION AND MAINTENANCE OF A FUNCTION-
ING IGNITION INTERLOCK DEVICE IN A VEHICLE OWNED OR OPERATED BY SUCH
PERSON FOR THE DURATION OF THE REVOCATION PERIOD, 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 chapter during the license revoca-
tion 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 exer-
cising discretion relating to the issuance of a post-revocation condi-
tional license pursuant to this subdivision, 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 within the ten years prior to
application for such license. Upon the termination of the period of
probation or conditional discharge set by the court, the person may
apply to the commissioner for restoration of a license or privilege to
operate a motor vehicle in accordance with this chapter, PROVIDED SUCH
PERSON SUBMITS PROOF OF COMPLIANCE OF INSTALLATION, MAINTENANCE AND
A. 2703--B 5
REGULAR USE OF AN IGNITION INTERLOCK DEVICE POST-REVOCATION FOR A PERIOD
OF AT LEAST SIX CONTINUOUS MONTHS OR A FINDING BY THE COURT OF GOOD
CAUSE FOR SUCH FAILURE IN ACCORDANCE WITH THIS SECTION.
§ 7. Paragraph (a) of subdivision 4 of section 1198 of the vehicle and
traffic law, as amended by chapter 169 of the laws of 2013, is amended
to read as follows:
(a) Following imposition by the court of the use of an ignition inter-
lock device as a condition 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. If
the person fails to provide for such proof (I) of installation DURING
THE PERIOD OF REVOCATION OF A LICENSE OR PRIVILEGE TO OPERATE A MOTOR
VEHICLE AND (II) OF INSTALLATION, MAINTENANCE AND REGULAR USE POST-REVO-
CATION FOR A PERIOD OF AT LEAST SIX CONTINUOUS MONTHS, absent a finding
by the court of good cause for [that failure] SUCH FAILURES 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] INCLUDES 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, DID NOT OWN A
MOTOR VEHICLE AT THE TIME OF ARREST FOR THE SUBJECT VIOLATION, DOES NOT
RESIDE WITH A SPOUSE WHO OWNS A VEHICLE SUCH PERSON DRIVES AT LEAST
OCCASIONALLY, IS NOT AN ADJUDICATED YOUTHFUL OFFENDER WHO RESIDES WITH A
PARENT OR LEGAL GUARDIAN WHO OWNS A VEHICLE SUCH OFFENDER DRIVES AT
LEAST OCCASIONALLY, 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 mean-
ing as provided in section one hundred twenty-eight of this chapter.
§ 8. Subdivision 5 of section 1198 of the vehicle and traffic law is
amended by adding a new paragraph (c) to read as follows:
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ONCE A
COURT-ORDERED IGNITION INTERLOCK DEVICE IS INSTALLED, A PERSON MAY START
THEIR CAR WHILE IT IS PARKED DURING A PERIOD OF LICENSE SUSPENSION OR
REVOCATION IN ORDER TO PRESERVE THE BATTERY LIFE OF THE VEHICLE WITHOUT
INCURRING ANY PENALTY OR FINE OR OTHERWISE VIOLATING THE TERMS OF THEIR
SUSPENSION OR REVOCATION.
§ 9. Section 1198 of the vehicle and traffic law is amended by adding
a new subdivision 11 to read as follows:
11. CONTINUOUS USE STANDARDS. THE COMMISSIONER SHALL ESTABLISH GUIDE-
LINES, RULES OR REGULATIONS SETTING FORTH THE MINIMUM STANDARDS A PERSON
SHALL MEET TO ESTABLISH PROOF OF COMPLIANCE WITH THE CONTINUOUS AND
REGULAR USE REQUIREMENTS OF THIS SECTION.
§ 10. Paragraph (d) of subdivision 3 of section 65.00 of the penal
law, as amended by chapter 556 of the laws of 2013, is amended to read
as follows:
(d) For an unclassified misdemeanor, the period of probation shall be
a term of two or three years if the authorized sentence of imprisonment
is in excess of three months, otherwise the period of probation shall be
one year. WHERE THE COURT HAS REQUIRED, AS A CONDITION OF THE SENTENCE
FOR A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, THAT THE DEFENDANT
INSTALL, MAINTAIN AND REGULARLY USE AN IGNITION INTERLOCK DEVICE FOR AT
LEAST SIX CONTINUOUS MONTHS AND SUCH CONDITION HAS NOT BEEN SATISFIED,
THE COURT, AT ANY TIME PRIOR TO THE EXPIRATION OR TERMINATION OF THE
PERIOD OF PROBATION, MAY IMPOSE AN ADDITIONAL PERIOD. THE LENGTH OF THE
A. 2703--B 6
ADDITIONAL PERIOD SHALL BE FIXED BY THE COURT AT THE TIME IT IS IMPOSED
AND SHALL NOT BE MORE THAN TWO YEARS. ALL OF THE INCIDENTS OF THE
ORIGINAL SENTENCE, INCLUDING THE AUTHORITY OF THE COURT TO MODIFY OR
ENLARGE THE CONDITIONS, SHALL CONTINUE TO APPLY DURING SUCH ADDITIONAL
PERIOD.
§ 11. The closing paragraph of subdivision 3 of section 65.05 of the
penal law, as amended by chapter 618 of the laws of 1992, is amended to
read as follows:
Where the court has required, as a condition of the sentence, that the
defendant make restitution of the fruits of [his or her] SUCH DEFEND-
ANT'S offense [or], make reparation for the loss caused thereby, OR
INSTALL, MAINTAIN AND REGULARLY USE AN IGNITION INTERLOCK DEVICE FOR AT
LEAST SIX CONTINUOUS MONTHS PURSUANT TO A SENTENCE FOR A VIOLATION OF
SUBDIVISION TWO, TWO-A OR THREE OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THE VEHICLE AND TRAFFIC LAW, and such condition has not been satisfied,
the court, at any time prior to the expiration or termination of the
period of conditional discharge, may impose an additional period. The
length of the additional period shall be fixed by the court at the time
it is imposed and shall not be more than two years. All of the incidents
of the original sentence, including the authority of the court to modify
or enlarge the conditions, shall continue to apply during such addi-
tional period.
§ 12. This act shall take effect on the ninetieth day after it shall
have become a law, provided, however, that the amendments to section
1198 of the vehicle and traffic law made by sections four, five, six,
seven, eight and nine of this act shall not affect the expiration and
repeal of such section and shall be deemed repealed therewith. Effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.