STATE OF NEW YORK
________________________________________________________________________
4591
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
___________
Introduced by M. of A. MALLIOTAKIS -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to revocation
of drivers' licenses and registrations for driving while intoxicated
convictions
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, as added by chapter 732 of
3 the laws of 2006, item (ii) of clause (b) as amended by section 32 and
4 item (iii) of clause (e) as amended by section 33 of part LL of chapter
5 56 of the laws of 2010, is amended to read as follows:
6 (12) Permanent revocation. (a) Notwithstanding any other provision of
7 this chapter to the contrary, whenever a revocation is imposed upon a
8 person for the refusal to submit to a chemical test pursuant to the
9 provisions of section eleven hundred ninety-four of this article or
10 conviction for any violation of section eleven hundred ninety-two of
11 this article [for which a sentence of imprisonment may be imposed], and
12 such person has: (i) [within the previous four years] been twice
13 convicted of any provisions of section eleven hundred ninety-two of this
14 article or a violation of the penal law for which a violation of such
15 section eleven hundred ninety-two is an essential element and at least
16 one such conviction was for a crime, or has twice been found to have
17 refused to submit to a chemical test pursuant to section eleven hundred
18 ninety-four of this article, or has any combination of two such
19 convictions and findings of refusal not arising out of the same inci-
20 dent; or (ii) [within the previous eight years] been convicted [three
21 times of any provision] two times of a violation of subdivision two,
22 two-a, three, four or four-a of section eleven hundred ninety-two of
23 this article for [which a sentence of imprisonment may be imposed or] a
24 violation of the penal law for which a violation of such section eleven
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08994-01-9
A. 4591 2
1 hundred ninety-two is an essential element and at least two such
2 convictions were for crimes, or has been found, on three separate occa-
3 sions, to have refused to submit to a chemical test pursuant to section
4 eleven hundred ninety-four of this article, or has any combination of
5 such convictions and findings of refusal not arising out of the same
6 incident, such revocation shall be permanent.
7 (b) The permanent driver's license revocation required by clause (a)
8 of this subparagraph shall be waived by the commissioner after a period
9 of [five] ten years has expired since the imposition of such permanent
10 revocation, provided that during such [five-year] ten-year period such
11 person has not been found to have refused a chemical test pursuant to
12 section eleven hundred ninety-four of this article while operating a
13 motor vehicle and has not been convicted of a violation of any subdivi-
14 sion of section eleven hundred ninety-two of this article or section
15 five hundred eleven of this chapter or a violation of the penal law for
16 which a violation of any subdivision of such section eleven hundred
17 ninety-two is an essential element and either:
18 (i) that such person provides acceptable documentation to the commis-
19 sioner that such person has voluntarily enrolled in and successfully
20 completed an appropriate rehabilitation program; or
21 (ii) that such person is granted a certificate of relief from disabil-
22 ities or a certificate of good conduct pursuant to article twenty-three
23 of the correction law.
24 Provided, however, that the commissioner may, on a case by case basis,
25 refuse to restore a license which otherwise would be restored pursuant
26 to this item, in the interest of the public safety and welfare.
27 (c) For revocations imposed pursuant to clause (a) of this subpara-
28 graph, the commissioner may adopt rules to permit conditional or
29 restricted operation of a motor vehicle by any such person after a
30 mandatory revocation period of not less than three years subject to such
31 criteria, terms and conditions as established by the commissioner.
32 (d) Upon (i) a finding of refusal after having been convicted three
33 times [within four years] of a violation of any subdivision of section
34 eleven hundred ninety-two of this article or of the penal law for which
35 a violation of any subdivision of such section eleven hundred ninety-two
36 is an essential element or any combination of three such convictions not
37 arising out of the same incident [within four years] or (ii) a [fourth]
38 third conviction of any subdivision of section eleven hundred ninety-two
39 of this article after having been convicted of any such subdivision of
40 such section eleven hundred ninety-two or of the penal law for which a
41 violation of any of such subdivisions of such section eleven hundred
42 ninety-two is an essential element or any combination of three such
43 convictions not arising out of the same incident [within four years] or
44 (iii) a finding of refusal after having been convicted [four] three
45 times [within eight years] of a violation of any subdivision of section
46 eleven hundred ninety-two of this article or of the penal law for which
47 a violation of any of such subdivisions of such section eleven hundred
48 ninety-two is an essential element or any combination of [four] such
49 convictions not arising out of the same incident [within eight years] or
50 (iv) a [fifth] third conviction of any subdivision of section eleven
51 hundred ninety-two of this article after having been convicted of such
52 subdivision or of the penal law for which a violation of any of such
53 subdivisions of such section eleven hundred ninety-two is an essential
54 element or any combination of [four] such convictions not arising out of
55 the same incident [within eight years], such revocation shall be perma-
56 nent.
A. 4591 3
1 (e) The permanent driver's license revocation required by clause (d)
2 of this subparagraph may be waived by the commissioner after a period of
3 [eight] ten years has expired since the imposition of such permanent
4 revocation provided:
5 (i) that during such [eight-year] ten-year period such person has not
6 been found to have refused a chemical test pursuant to section eleven
7 hundred ninety-four of this article while operating a motor vehicle and
8 has not been convicted of a violation of any subdivision of section
9 eleven hundred ninety-two of this article or section five hundred eleven
10 of this chapter or a violation of the penal law for which a violation of
11 any such subdivisions of such section eleven hundred ninety-two is an
12 essential element; and
13 (ii) that such person provides acceptable documentation to the commis-
14 sioner that such person has voluntarily enrolled in and successfully
15 completed an appropriate rehabilitation program; and
16 (iii) after such documentation is accepted, that such person is grant-
17 ed a certificate of relief from disabilities or a certificate of good
18 conduct pursuant to article twenty-three of the correction law.
19 Notwithstanding the provisions of this clause, nothing contained in
20 this clause shall be deemed to require the commissioner to restore a
21 license to an applicant who otherwise has complied with the requirements
22 of this item, in the interest of the public safety and welfare.
23 (f) Nothing contained in this subparagraph shall be deemed to reduce a
24 license revocation period imposed pursuant to any other provision of
25 law.
26 § 2. Section 401 of the vehicle and traffic law is amended by adding a
27 new subdivision 5-b to read as follows:
28 5-b. Revocation and denial of registration based on suspended or
29 revoked driver's license or privilege. The registration of any motor
30 vehicle registered to a person who has had their driver's license
31 suspended or revoked as a result of a conviction or criminal penalty for
32 an offense as pursuant to section eleven hundred ninety-three of this
33 chapter shall be revoked and the number plates of any such vehicles
34 shall be surrendered. If at the time of application for a registration,
35 the records of the department indicate that the registrant's license or
36 privilege of operating a motor vehicle in this state or privilege of
37 obtaining a license to operate such motor vehicle issued by the commis-
38 sioner is suspended, revoked or otherwise withdrawn by the commissioner,
39 the commissioner may, pursuant to regulation, deny such registration.
40 Such revocation or denial shall only remain in effect as long as the
41 suspension, revocation or withdrawal of the driver's license has not
42 been terminated.
43 § 3. Section 1193 of the vehicle and traffic law is amended by adding
44 a new subdivision 3 to read as follows:
45 3. Registration sanctions. Any person who has had their license
46 suspended or revoked pursuant to any provision of subdivision two of
47 this section shall surrender the certificates of registration and number
48 plates of all motor vehicles which such person has registered pursuant
49 to article fourteen of this chapter. Upon receipt of such certificates
50 of registration and number plates, the court shall return such to the
51 commissioner. Such revocation of registration shall remain in effect as
52 long as the suspension, revocation or withdrawal of such driver's
53 license.
54 § 4. This act shall take effect on the first of November next succeed-
55 ing the date on which it shall have become a law.