Bill Text: NY A04640 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the revocation and reissuance of licenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to transportation [A04640 Detail]

Download: New_York-2017-A04640-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4640
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 3, 2017
                                       ___________
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Transportation
        AN  ACT to amend the vehicle and traffic law, in relation to the revoca-
          tion and the reissuance of licenses; and to repeal subparagraph 12  of
          paragraph  (b)  of subdivision 2 of section 1193 of such law, relating
          to permanent revocation
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subparagraph  12  of  paragraph  (b)  of subdivision 2 of
     2  section 1193 of the vehicle and traffic law is REPEALED.
     3    § 2. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and
     4  traffic law, as amended by chapter 312 of the laws of 1994, subparagraph
     5  3 as amended by chapter 732 of the laws of 2006, is amended to  read  as
     6  follows:
     7    (c)  Reissuance  of  licenses;  restrictions.  (1) Except as otherwise
     8  provided in this paragraph, where a license is revoked pursuant to para-
     9  graph (b) of this subdivision, no new license shall be issued after  the
    10  expiration  of the minimum period specified in such paragraph, except in
    11  the discretion of the commissioner.
    12    (2) Where a license is revoked pursuant to subparagraph two, three  or
    13  eight  of  paragraph (b) of this subdivision for a violation of subdivi-
    14  sion four of section eleven hundred  ninety-two  of  this  article,  and
    15  where  the  individual  does not have a driver's license or the individ-
    16  ual's license was suspended at the time of conviction or youthful offen-
    17  der or other juvenile adjudication, the commissioner shall not  issue  a
    18  new  license  nor  restore the former license for a period of six months
    19  after such individual would otherwise have become eligible to  obtain  a
    20  new  license  or to have the former license restored; provided, however,
    21  that during such delay period the commissioner may  issue  a  restricted
    22  use license pursuant to section five hundred thirty of this chapter.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00465-01-7
        A. 4640                             2
     1    (3)  In no event shall a new license be issued where a person has been
     2  [twice] convicted three times of a violation of [subdivision three, four
     3  or four-a of] section eleven hundred ninety-two of this  article  or  of
     4  [driving  while  intoxicated  or of driving while ability is impaired by
     5  the  use  of  a  drug  or  of  driving  while ability is impaired by the
     6  combined influence of drugs or of alcohol and any  drug  or  drugs]  any
     7  violation  of  the  penal  law  for  which a violation of section eleven
     8  hundred ninety-two of this article is an essential element or has  three
     9  times  been  found to have refused to submit to a chemical test pursuant
    10  to section eleven hundred ninety-four of this article, or has any combi-
    11  nation of three such convictions and findings of refusal not arising out
    12  of the same incident, or has been convicted twice where physical injury,
    13  as defined in section 10.00 of the penal law,  has  resulted  from  such
    14  offense in each instance.
    15    §  3.  Subparagraph (iii) of paragraph (a) of subdivision 3 of section
    16  511 of the vehicle and traffic law, as amended by  chapter  169  of  the
    17  laws of 2013, is amended to read as follows:
    18    (iii)  commits  the  offense  of  aggravated unlicensed operation of a
    19  motor vehicle in the third degree as defined in subdivision one of  this
    20  section;  and is operating a motor vehicle while under permanent revoca-
    21  tion as set forth in subparagraph [twelve] three of paragraph [(b)]  (c)
    22  of  subdivision two of section eleven hundred ninety-three of this chap-
    23  ter; or
    24    § 4. This act shall take effect on the ninetieth day  after  it  shall
    25  have become a law.