Bill Text: NY A02285 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to driving while intoxicated and the installation of interlock ignition devices.
Spectrum: Slight Partisan Bill (Democrat 16-9)
Status: (Passed) 2013-07-26 - signed chap.169 [A02285 Detail]
Download: New_York-2013-A02285-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2285--A
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. WEISENBERG, ROBERTS, STEVENSON, GUNTHER, McDO-
NOUGH, RAIA, TITUS, SWEENEY, SALADINO, McKEVITT, PERRY, JAFFEE,
COLTON, SCHIMEL, HOOPER, GALEF, JORDAN -- Multi-Sponsored by -- M. of
A. BRENNAN, CERETTO, CURRAN, FINCH, MALLIOTAKIS, McLAUGHLIN, ROSEN-
THAL, THIELE -- read once and referred to the Committee on Transporta-
tion -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to driving
while intoxicated and 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 (iii) of paragraph (a) of subdivision 3 of
2 section 511 of the vehicle and traffic law, as amended by chapter 746 of
3 the laws of 2006, is amended and a new subparagraph (iv) is added to
4 read as follows:
5 (iii) commits the offense of aggravated unlicensed operation of a
6 motor vehicle in the third degree as defined in subdivision one of this
7 section; and is operating a motor vehicle while under permanent revoca-
8 tion as set forth in subparagraph twelve of paragraph (b) of subdivision
9 two of section eleven hundred ninety-three of this chapter[.]; OR
10 (IV) OPERATES A MOTOR VEHICLE UPON A PUBLIC HIGHWAY WHILE HOLDING A
11 CONDITIONAL LICENSE ISSUED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
12 SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER WHILE UNDER
13 THE INFLUENCE OF ALCOHOL OR A DRUG IN VIOLATION OF SUBDIVISION ONE, TWO,
14 TWO-A, THREE, FOUR, FOUR-A OR FIVE OF SECTION ELEVEN HUNDRED NINETY-TWO
15 OF THIS CHAPTER.
16 S 2. Paragraphs (b) and (c) of subdivision 1 of section 1193 of the
17 vehicle and traffic law, as amended by chapter 496 of the laws of 2009,
18 are amended to read as follows:
19 (b) Driving while intoxicated or while ability impaired by drugs or
20 while ability impaired by the combined influence of drugs or of alcohol
21 and any drug or drugs; aggravated driving while intoxicated; misdemeanor
22 offenses. (i) A violation of subdivision two, three, four or four-a of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01426-07-3
A. 2285--A 2
1 section eleven hundred ninety-two of this article shall be a misdemeanor
2 and shall be punishable by a fine of not less than five hundred dollars
3 nor more than one thousand dollars, or by imprisonment in a penitentiary
4 or county jail for not more than one year, or by both such fine and
5 imprisonment. A violation of paragraph (a) of subdivision two-a of
6 section eleven hundred ninety-two of this article shall be a misdemeanor
7 and shall be punishable by a fine of not less than one thousand dollars
8 nor more than two thousand five hundred dollars or by imprisonment in a
9 penitentiary or county jail for not more than one year, or by both such
10 fine and imprisonment.
11 (ii) In addition to the imposition of any fine or period of imprison-
12 ment set forth in this paragraph, the court shall also sentence such
13 person convicted of, OR ADJUDICATED A YOUTHFUL OFFENDER FOR, a violation
14 of subdivision two, two-a or three of section eleven hundred ninety-two
15 of this article to a [period] TERM of probation or conditional
16 discharge, as a condition of which it shall order such person to install
17 and maintain, in accordance with the provisions of section eleven
18 hundred ninety-eight of this article, an ignition interlock device in
19 any motor vehicle owned or operated by such person during the term of
20 such probation or conditional discharge imposed for such violation of
21 section eleven hundred ninety-two of this article and in no event for A
22 PERIOD OF less than [six] TWELVE months; PROVIDED, HOWEVER, THAT SUCH
23 PERIOD OF INTERLOCK RESTRICTION SHALL TERMINATE UPON SUBMISSION OF PROOF
24 THAT SUCH PERSON INSTALLED AND MAINTAINED AN IGNITION INTERLOCK DEVICE
25 FOR AT LEAST SIX MONTHS, UNLESS THE COURT ORDERED SUCH PERSON TO INSTALL
26 AND MAINTAIN AN IGNITION INTERLOCK DEVICE FOR A LONGER PERIOD AS AUTHOR-
27 IZED BY THIS SUBPARAGRAPH AND SPECIFIED IN SUCH ORDER. THE PERIOD OF
28 INTERLOCK RESTRICTION SHALL COMMENCE FROM THE EARLIER OF THE DATE OF
29 SENTENCING, OR THE DATE THAT AN IGNITION INTERLOCK DEVICE WAS INSTALLED
30 IN ADVANCE OF SENTENCING. Provided, however, the court may not authorize
31 the operation of a motor vehicle by any person whose license or privi-
32 lege to operate a motor vehicle has been revoked pursuant to the
33 provisions of this section.
34 (c) Felony offenses. (i) A person who operates a vehicle (A) in
35 violation of subdivision two, two-a, three, four or four-a of section
36 eleven hundred ninety-two of this article after having been convicted of
37 a violation of subdivision two, two-a, three, four or four-a of such
38 section or of vehicular assault in the second or first degree, as
39 defined, respectively, in sections 120.03 and 120.04 and aggravated
40 vehicular assault as defined in section 120.04-a of the penal law or of
41 vehicular manslaughter in the second or first degree, as defined,
42 respectively, in sections 125.12 and 125.13 and aggravated vehicular
43 homicide as defined in section 125.14 of such law, within the preceding
44 ten years, or (B) in violation of paragraph (b) of subdivision two-a of
45 section eleven hundred ninety-two of this article shall be guilty of a
46 class E felony, and shall be punished by a fine of not less than one
47 thousand dollars nor more than five thousand dollars or by a period of
48 imprisonment as provided in the penal law, or by both such fine and
49 imprisonment.
50 (ii) A person who operates a vehicle in violation of subdivision two,
51 two-a, three, four or four-a of section eleven hundred ninety-two of
52 this article after having been convicted of a violation of subdivision
53 two, two-a, three, four or four-a of such section or of vehicular
54 assault in the second or first degree, as defined, respectively, in
55 sections 120.03 and 120.04 and aggravated vehicular assault as defined
56 in section 120.04-a of the penal law or of vehicular manslaughter in the
A. 2285--A 3
1 second or first degree, as defined, respectively, in sections 125.12 and
2 125.13 and aggravated vehicular homicide as defined in section 125.14 of
3 such law, twice within the preceding ten years, shall be guilty of a
4 class D felony, and shall be punished by a fine of not less than two
5 thousand dollars nor more than ten thousand dollars or by a period of
6 imprisonment as provided in the penal law, or by both such fine and
7 imprisonment.
8 (iii) In addition to the imposition of any fine or period of imprison-
9 ment set forth in this paragraph, the court shall also sentence such
10 person convicted of, OR ADJUDICATED A YOUTHFUL OFFENDER FOR, a violation
11 of subdivision two, two-a or three of section eleven hundred ninety-two
12 of this article to a period of probation or conditional discharge, as a
13 condition of which it shall order such person to install and maintain,
14 in accordance with the provisions of section eleven hundred ninety-eight
15 of this article, an ignition interlock device in any motor vehicle owned
16 or operated by such person during the term of such probation or condi-
17 tional discharge imposed for such violation of section eleven hundred
18 ninety-two of this article and in no event for a period of less than
19 [six] TWELVE months; PROVIDED, HOWEVER, THAT SUCH PERIOD OF INTERLOCK
20 RESTRICTION SHALL TERMINATE UPON SUBMISSION OF PROOF THAT SUCH PERSON
21 INSTALLED AND MAINTAINED AN IGNITION INTERLOCK DEVICE FOR AT LEAST SIX
22 MONTHS, UNLESS THE COURT ORDERED SUCH PERSON TO INSTALL AND MAINTAIN A
23 IGNITION INTERLOCK DEVICE FOR A LONGER PERIOD AS AUTHORIZED BY THIS
24 SUBPARAGRAPH AND SPECIFIED IN SUCH ORDER. THE PERIOD OF INTERLOCK
25 RESTRICTION SHALL COMMENCE FROM THE EARLIER OF THE DATE OF SENTENCING,
26 OR THE DATE THAT AN IGNITION INTERLOCK DEVICE WAS INSTALLED IN ADVANCE
27 OF SENTENCING. Provided, however, the court may not authorize the opera-
28 tion of a motor vehicle by any person whose license or privilege to
29 operate a motor vehicle has been revoked pursuant to the provisions of
30 this section.
31 S 3. Paragraph (a) of subdivision 4 of section 1198 of the vehicle and
32 traffic law, as amended by chapter 496 of the laws of 2009, is amended
33 to read as follows:
34 (a) Following imposition by the court of the use of an ignition inter-
35 lock device as a condition of probation or conditional discharge it
36 shall require the person to provide proof of compliance with this
37 section to the court and the probation department OR OTHER MONITOR where
38 such person is under probation or conditional discharge supervision. If
39 the person fails to provide for such proof of installation, absent a
40 finding by the court of good cause for that failure which is entered in
41 the record, the court may revoke, modify, or terminate the person's
42 sentence of probation or conditional discharge as provided under law.
43 GOOD CAUSE MAY INCLUDE A FINDING THAT THE PERSON IS NOT THE OWNER OF A
44 MOTOR VEHICLE IF SUCH PERSON ASSERTS UNDER OATH THAT SUCH PERSON IS NOT
45 THE OWNER OF ANY MOTOR VEHICLE AND THAT HE OR SHE WILL NOT OPERATE ANY
46 MOTOR VEHICLE DURING THE PERIOD OF INTERLOCK RESTRICTION EXCEPT AS MAY
47 BE OTHERWISE AUTHORIZED PURSUANT TO LAW. "OWNER" SHALL HAVE THE SAME
48 MEANING AS PROVIDED IN SECTION ONE HUNDRED TWENTY-EIGHT OF THIS CHAPTER.
49 S 4. This act shall take effect on the first of November next succeed-
50 ing the date on which it shall have become a law and shall apply to
51 violations committed on and after such date; provided, however, that the
52 amendments to paragraph (a) of subdivision 4 of section 1198 of the
53 vehicle and traffic law made by section three of this act shall not
54 affect the repeal of such section and shall be deemed repealed there-
55 with.
