Bill Text: NY S05567 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides that the condition of maintenance and installation of an ignition interlock device shall terminate at the end of six months.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S05567 Detail]
Download: New_York-2011-S05567-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5567
2011-2012 Regular Sessions
I N S E N A T E
June 2, 2011
___________
Introduced by Sens. DILAN, FUSCHILLO -- 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, in relation to maintenance
and installation of ignition interlock devices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subparagraph (ii) of paragraph (b) of subdivision 1 of
2 section 1193 of the vehicle and traffic law, as amended by chapter 496
3 of the laws of 2009, is amended to read as follows:
4 (ii) In addition to the imposition of any fine or period of imprison-
5 ment set forth in this paragraph, the court shall also sentence such
6 person convicted of a violation of subdivision two, two-a or three of
7 section eleven hundred ninety-two of this article to a period of
8 probation or conditional discharge, as a condition of which it shall
9 order such person to install and maintain, in accordance with the
10 provisions of section eleven hundred ninety-eight of this article, an
11 ignition interlock device in any motor vehicle owned or operated by such
12 person during the term of such probation or conditional discharge
13 imposed for such violation of section eleven hundred ninety-two of this
14 article [and in no event for less than six months]. THE CONDITION OF
15 MAINTENANCE AND INSTALLATION OF AN IGNITION INTERLOCK DEVICE SHALL
16 TERMINATE AT THE END OF A PERIOD OF CONTINUOUS MAINTENANCE OF SIX
17 MONTHS, OR MORE AS DETERMINED BY THE COURT, OR THE END OF THE PERIOD OF
18 PROBATION OR CONDITIONAL DISCHARGE, WHICHEVER IS EARLIER. Provided,
19 however, the court may not authorize the operation of a motor vehicle by
20 any person whose license or privilege to operate a motor vehicle has
21 been revoked pursuant to the provisions of this section.
22 S 2 Subparagraph (iii) of paragraph (c) of subdivision 1 of section
23 1193 of the vehicle and traffic law, as amended by chapter 496 of the
24 laws of 2009, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11904-02-1
S. 5567 2
1 (iii) In addition to the imposition of any fine or period of imprison-
2 ment set forth in this paragraph, the court shall also sentence such
3 person convicted of a violation of subdivision two, two-a or three of
4 section eleven hundred ninety-two of this article to a period of
5 probation or conditional discharge, as a condition of which it shall
6 order such person to install and maintain, in accordance with the
7 provisions of section eleven hundred ninety-eight of this article, an
8 ignition interlock device in any motor vehicle owned or operated by such
9 person during the term of such probation or conditional discharge
10 imposed for such violation of section eleven hundred ninety-two of this
11 article [and in no event for a period of less than six months]. THE
12 CONDITION OF MAINTENANCE AND INSTALLATION OF AN IGNITION INTERLOCK
13 DEVICE SHALL TERMINATE AT THE END OF A PERIOD OF CONTINUOUS MAINTENANCE
14 OF SIX MONTHS, OR MORE AS DETERMINED BY THE COURT, OR THE END OF THE
15 PERIOD OF PROBATION OR CONDITIONAL DISCHARGE, WHICHEVER IS EARLIER.
16 Provided, however, the court may not authorize the operation of a motor
17 vehicle by any person whose license or privilege to operate a motor
18 vehicle has been revoked pursuant to the provisions of this section.
19 S 3. Paragraph (a) of subdivision 3 of section 1198 of the vehicle and
20 traffic law, as amended by chapter 496 of the laws of 2009, is amended
21 to read as follows:
22 (a) Notwithstanding any other provision of law, the commissioner may
23 grant a post-revocation conditional license, as set forth in paragraph
24 (b) of this subdivision, to a person who has been convicted of a
25 violation of subdivision two, two-a or three of section eleven hundred
26 ninety-two of this article and who has been sentenced to a period of
27 probation or conditional discharge, provided the person has satisfied
28 the minimum period of license revocation established by law and the
29 commissioner has been notified that such person may operate only a motor
30 vehicle equipped with a functioning ignition interlock device AND SUCH
31 PERSON HAS INSTALLED AN IGNITION INTERLOCK DEVICE. No such request
32 shall be made nor shall such a license be granted, however, if such
33 person has been found by a court to have committed a violation of
34 section five hundred eleven of this chapter during the license revoca-
35 tion period or deemed by a court to have violated any condition of
36 probation or conditional discharge set forth by the court relating to
37 the operation of a motor vehicle or the consumption of alcohol. In exer-
38 cising discretion relating to the issuance of a post-revocation condi-
39 tional license pursuant to this subdivision, the commissioner shall not
40 deny such issuance based solely upon the number of convictions for
41 violations of any subdivision of section eleven hundred ninety-two of
42 this article committed by such person within the ten years prior to
43 application for such license. Upon the termination of the period of
44 probation or conditional discharge set by the court, the person may
45 apply to the commissioner for restoration of a license or privilege to
46 operate a motor vehicle in accordance with this chapter.
47 S 4. Paragraph (f) of subdivision 3 of section 1198 of the vehicle and
48 traffic law, as amended by chapter 496 of the laws of 2009, is amended
49 to read as follows:
50 (f) The commissioner shall note on the operator's record of any person
51 restricted pursuant to this section that, in addition to any other
52 restrictions, conditions or limitations, such person may operate only a
53 motor vehicle equipped with an ignition interlock device. ADDITIONALLY,
54 THE COMMISSIONER SHALL MAKE A NOTATION ON ANY CONDITIONAL LICENSE GRANT-
55 ED PURSUANT TO THIS SUBDIVISION THAT THE LICENSEE MAY OPERATE ONLY A
56 VEHICLE EQUIPPED WITH AN IGNITION INTERLOCK DEVICE.
S. 5567 3
1 S 5. This act shall take effect on the ninetieth day after it shall
2 have become a law; provided, however, that the amendments to section
3 1198 of the vehicle and traffic law made by sections three and four of
4 this act shall not affect the repeal of such section and shall be deemed
5 repealed therewith.
