Bill Text: NY A01702 | 2015-2016 | General Assembly | Introduced
Bill Title: Requires forfeiture of vehicles for six months for a second DWI offense and permanent forfeiture and registration denial for the third DWI offense; prohibits the issuance of a new license where there are two DWI convictions where physical injury has resulted from each offense.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2016-01-06 - referred to codes [A01702 Detail]
Download: New_York-2015-A01702-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1702
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
___________
Introduced by M. of A. PRETLOW, WRIGHT, CLARK, HOOPER, BRENNAN, GALEF --
read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to the
seizure of vehicles after driving while intoxicated convictions; and
to amend the vehicle and traffic law, in relation to the revocation of
licenses for driving while intoxicated offenses and the denial of
vehicle registration after three driving while intoxicated offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1310 of the civil practice law and rules is amended
2 by adding a new subdivision 15 to read as follows:
3 15. "INTOXICATION OFFENSE" MEANS A CONVICTION FOR A VIOLATION OF
4 SUBDIVISION TWO, TWO-A OR THREE OF SECTION ELEVEN HUNDRED NINETY-TWO OF
5 THE VEHICLE AND TRAFFIC LAW.
6 S 2. Subdivision 1 of section 1311 of the civil practice law and rules
7 is amended by adding a new paragraph (c) to read as follows:
8 (C) AN ACTION RELATING TO AN INTOXICATION OFFENSE MUST BE GROUNDED
9 UPON A CONVICTION OF AN INTOXICATED OFFENSE, AS PROVIDED FOR BY THIS
10 PARAGRAPH. IF A DEFENDANT HAS BEEN CONVICTED OF HIS OR HER SECOND INTOX-
11 ICATION OFFENSE, ANY AND ALL VEHICLES REGISTERED TO HIM OR HER SHALL BE
12 FORFEITED FOR A PERIOD OF SIX MONTHS. IF SUCH VEHICLE IS ALSO USED BY A
13 MEMBER OF THE DEFENDANT'S HOUSEHOLD, THE HOUSEHOLD MEMBER SHALL POST A
14 BOND OF NOT LESS THAN ONE THOUSAND DOLLARS TO BE SURRENDERED IN THE
15 EVENT THAT THE DEFENDANT IS FOUND TO BE DRIVING SUCH VEHICLE. IF A
16 DEFENDANT HAS BEEN CONVICTED OF HIS OR HER THIRD INTOXICATION OFFENSE,
17 ANY AND ALL VEHICLES REGISTERED TO HIM OR HER SHALL BE FORFEITED AND
18 NOTWITHSTANDING THE PROVISIONS OF SECTION THIRTEEN HUNDRED FORTY-NINE OF
19 THIS ARTICLE, SUCH VEHICLE OR VEHICLES SHALL BE SOLD WITH THE PROCEEDS
20 OF SUCH SALE GOING TO THE COUNTY OF JURISDICTION'S DRIVING WHILE INTOXI-
21 CATED PROGRAM.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05649-01-5
A. 1702 2
1 S 3. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and
2 traffic law, as amended by chapter 312 of the laws of 1994 and subpara-
3 graph 3 as amended by chapter 732 of the laws of 2006, is amended to
4 read as follows:
5 (c) Reissuance of licenses; restrictions. (1) Except as otherwise
6 provided in this paragraph, where a license is revoked pursuant to para-
7 graph (b) of this subdivision, no new license shall be issued after the
8 expiration of the minimum period specified in such paragraph, except in
9 the discretion of the commissioner.
10 (2) Where a license is revoked pursuant to subparagraph two, three or
11 eight of paragraph (b) of this subdivision for a violation of subdivi-
12 sion four of section eleven hundred ninety-two of this article, and
13 where the individual does not have a driver's license or the individ-
14 ual's license was suspended at the time of conviction or youthful offen-
15 der or other juvenile adjudication, the commissioner shall not issue a
16 new license nor restore the former license for a period of six months
17 after such individual would otherwise have become eligible to obtain a
18 new license or to have the former license restored; provided, however,
19 that during such delay period the commissioner may issue a restricted
20 use license pursuant to section five hundred thirty of this chapter.
21 (3) In no event shall a new license be issued where a person has been
22 twice convicted of a violation of subdivision TWO, TWO-A, three, four or
23 four-a of section eleven hundred ninety-two of this article or of driv-
24 ing while intoxicated or of driving while ability is impaired by the use
25 of a drug or of driving while ability is impaired by the combined influ-
26 ence of drugs or of alcohol and any drug or drugs where physical injury,
27 as defined in section 10.00 of the penal law, has resulted from such
28 offense in each instance.
29 S 4. Section 401 of the vehicle and traffic law is amended by adding a
30 new subdivision 22 to read as follows:
31 22. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY OTHER LAW,
32 NO VEHICLE MAY BE REGISTERED BY AN INDIVIDUAL WHO HAS BEEN CONVICTED
33 THREE TIMES OF A VIOLATION OF SUBDIVISIONS TWO, TWO-A, THREE, FOUR OR
34 FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER.
35 S 5. This act shall take effect immediately; provided, however, that
36 sections one, two and four of this act shall take effect on the first of
37 November next succeeding the date on which it shall have become a law
38 and shall apply to offenses committed on or after such date.
