Bill Text: NY S01205 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to the circumvention of an ignition interlock device, making the designation and classification of offense for circumventing an interlock device match the underlying offense which required the installation of such device, such offenses shall remain a class A misdemeanor for those that circumvent such device but have no underlying conviction.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-01-11 - REFERRED TO TRANSPORTATION [S01205 Detail]

Download: New_York-2019-S01205-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 11, 2019
        Introduced  by  Sen. RITCHIE -- 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 the  circum-
          vention of an ignition interlock device
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (e) of subdivision 9 of section 1198 of the vehi-
     2  cle and traffic law, as amended by chapter 496 of the laws of  2009,  is
     3  amended to read as follows:
     4    (e)  In  addition to any other provisions of law, any person convicted
     5  of a violation of paragraph (a), [(b),] (c), or (d) of this  subdivision
     6  shall be guilty of [a Class A misdemeanor] an offense of the same desig-
     7  nation  and  classification as the offense for which the installation of
     8  such ignition interlock device was ordered, provided, however,  if  such
     9  offense  was  a  felony  then the felony classification of the violation
    10  pursuant to this paragraph shall be at the discretion of  the  presiding
    11  judge  based upon any aggravating factors such judge deems relevant.  In
    12  addition to any other provisions of  law,  any  person  convicted  of  a
    13  violation  of paragraph (b) or (c) of this subdivision who has no under-
    14  lying conviction which led to the installation of an ignition  interlock
    15  device shall be guilty of a class A misdemeanor.
    16    §  2.  This  act shall take effect on the thirtieth day after it shall
    17  have become a law; provided, that the amendments to section 1198 of  the
    18  vehicle and traffic law made by section one of this act shall not affect
    19  the repeal of such section and shall be deemed repealed therewith.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.